Meeting: Salem Licensing Board held Monday August 10, 2009 at 7:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey and Rick Lee was late to the meeting, Special Investigator, Lt. Ouellette and Melissa Pagliaro, Clerk.
Approved: Street Performers License. Applicant: Royal Sorell.
Mr. Sorell said that he does balloon art, mime and magic.
Mr. Shea asked if he had a License before.
Mr. Sorell said that he did and gave a demonstration to the Board and public gallery.
Mr. Shea noted the time Mr. Sorell could perform between 10 am and 8 pm 7 days a week.
Mr. Shea
Mr. Casey seconded
Discussion: John Corcoran, Street Performer
Mr. Shea said that Mr. Corcoran was given a letter earlier in the week to cease all amplification because of numerous complaints from downtown about the noise level. He asked Mr. Corcoran what instrument he played.
Mr. Corcoran said that he played a 12 string guitar and that he could not play without amplification.
Mr. Shea said that there is to be no amplification.
Mr. Corcoran said that he cannot work without amplification.
Mr. Shea said that was his choice. He said that he could play but not with amplification.
Daniel Parsielli, in the public gallery, said that he works downtown and that he hears the music and it is not at a loud offensive level.
Mr. Shea asked Mr. Parsielli where he lived.
Mr. Parsielli said he lived on Lafayette Street and works at the Old Town Hall for Cry Innocent. He said he did not think that this was fair as the music was not offensive.
Mr. Shea said that Street performance Licenses are granted by the City as a privilege. He said that when there are complaints they have to be addresses. He said that they are not taking away Mr. Corcoran’s license just the amplification.
Mr. Corcoran said that he tried out a new system over the weekend without bass like his other system had. He said Lt. Ouellette was downtown and heard it and asked the Lt. if it was to loud.
Lt. Ouellette said that he had turned the speakers inwards rather than outwards.
Mr. Shea said that this was not a capricious decision. He said there have been lots of complaints. He said that Street performers pay a fee of only $5.00 a year for a License so when the Board gets complaints from business downtown they will listen to those complaints.
Approved: Street Performers License. Applicant: Chris Peckbeaton.
Mr. Shea asked what Mr. Peckbeaton does.
Mr. Peckbeaton said he plays a 6 string acoustic guitar for the last seven years. He said he sometimes plays at Gulu-Gulu Café.
Mr. Shea said there was to be no amplification and that it has to be in the B5 downtown area and that he can perform from 10 am-8pm and he can have a guitar case or something else stationary out for tips. He said if there are any problems the license can be rescinded.
Mr. Peckbeaton asked if he could sing as well.
Mr. Shea said that was fine. He said if he wanted to add someone else to the act to let the Board know.
Mr. Casey motioned to approve
Mr. Shea seconded
Approved: Street Performers License. Applicant: Eric Wilson and Dimitri Elefthekaris.
Mr. Shea asked if he performed in Salem before.
Mr. Wilson said he did but solo.
Mr. Casey asked if there was someone else performing with him.
Mr. Wilson said that he hopes to have a blue grass trio but one member could not be here tonight.
Mr. Casey asked if they were both familiar with the rules and regulations.
Mr. Dimitri Elefthekaris said that this was his first time performing here.
Mr. Casey explained the rules. He said that this will be a trio eventually but it is a duo for now. He said that they may perform in the central business district between 10am – 8pm with no amplification.
Approved: Street performers License. Applicant: Elisha Foley
Mr. Casey asked what Ms. Foley performs.
Ms. Foley said that she plays Irish music on a fiddle and that she would like to perform with another friend who is not here tonight. She said her performance is all acoustic.
Mr. Shea told her to have her partner send her information to the Licensing Department and we can add her on.
Mr. Casey asked the friends name.
Ms. Foley said it was Christina Jarvis and she plays the acoustic guitar.
Mr. Casey motioned to approve
Mr. Shea seconded
Approved: Street Performers License. Applicant: Brian Camilio
Mr. Shea asked Mr. Camilio what he preformed.
Mr. Camilio said various instruments including African drums, sax and flute.
Mr. Shea said he was going to caution against the percussion, He said any complaints and the License will be pulled.
Mr. Camilio said he wanted permission to play the sax but is worried about complaints.
Mr. Casey asked if he was familiar with the Street performing rules.
Mr. Camilio said he believed he is from listening to the applicants before him.
Mr. Casey the hours to perform are 10am-8pm, no amplification, a hat or case for tips but no soliciting tips.
Mr. Camilio asked if he could put out a sign in front of him.
Mr. Shea said that was fine.
Mr. Casey said there is to be no selling of CD’s or anything else.
Mr. Casey motioned to approve
Mr. Shea seconded
Approved: Blanket Vendor License for Biz Baz weekend through the Chamber of Commerce. Applicant: Rinus Oosthoek.
Mr. Oosthoek said that he is applying for a Blanket Vendors license for his vendors during the Biz Baz weekend October 10 with the Chambers Heritage Days weekend with vendors. He said they were not three feet away from the buildings downtown and that creates a handicap accessibility issue.
Mr. Oosthoek said he realized there was an issue but thought it was only in the PEM area.
Ms. Talkowsky said that last year during Halloween the City was ask to address the issue of handicap accessibility behind the vending tents. She said if the vendors use the allowed 10x10 tents that they have enough room to be pulled out to allow the three foot required space behind the tents.
Mr. Casey motioned to approve the Blanket License on Saturday October 10 from 10am-8pm and Sunday October11 from 10am-6pm for up to 80 vendors.
Mr. Shea seconded
Approved: Street Performers License. Applicant: Christine Geiger for Rebel Shakespeare.
Ms. Geiger said that she is parent volunteer and the tour coordinator for this young group of performers.
Ms. Talkowsky said she has been involved with Ms. Geiger to try and get a performance at the Museum Place Mall large fountain by PEM.
Mr. Casey asked what the hours of the performance would be.
Ms. Geiger said they have a quick intermission during the play then a few minutes after to speak to the crowd. She said they should be clear by 8pm.
Mr. Casey said they could have until 9pm to give them enough time. He asked how many performers there were.
Ms. Geiger said that there about 15 High School students from Salem and surrounding areas. She said most 5recently they worked with Doug Bollen and did a production of Hamlet.
Mr., Shea asked dif this was a one time event and if she wanted to request a rain date.
Ms. Geiger said that it was but could not schedule a rain date due to their scheduling. She said if it rains they do not reschedule the performance.
Mr. Casey asked if they collected donations.
Ms. Geiger said they do, She said they usually have a younger student stand with a bucket as not to have donations just lying around.
Mr. Casey reminded her of the state regulations which says that nothing can be passed to solicit tips.
Ms. Geiger said it would just be held not passed.
Mr. Casey motioned to approve the performance on August 23 at the big fountain on the Essex Street Pedestrian Mall from 5pm-9pm.
Mr. Lee seconded
Approved: Change of Manager at Bangkok Paradise 90 Washington Street. Applicant: Mary Wanapha.
Ms. Wanapha said that he son whom is the current Manager is going back to Thailand so she would like to change the manager back to her. She said that she would be the manager and bartender too. She said she has been open for 9 years.
Mr. Casey reminded her to be careful of underage drinking.
Mr. Lee said that everything has been good at the establishment.
Mr. Casey motioned to approve the Change of Manager to Mary Wanapha
Mr. Lee seconded
Discussion: Tavern on the Square, 163-189 Washington Street, on Outdoor Seating.
Present: Attorney Joseph Correnti for The Tavern, Joey Arcari, owner and Steven Sousa, architect.
Attorney Correnti reviews what happened at the LB meeting when the Tavern came before the Board to have the C/V and entertainment and Liquor applications approved. He said that time the plan for outdoor seating was rather expansive. He said the Board asked them to go to SRA for review and to come back to the LB with and approved SRA plan. He said that they dramatically reduced the outdoor seating plan with a lot of input from the DRB & SRA. He said that Mr. Sousa can speak to the plan.
Mr. Shea said he like to share the Boards thoughts on the Outdoor seating. He said that he is very happy with the operation of the restaurant and he is glad to see the overflow patronizing other downtown business. He said the establishment is very well run. He said that however there are some serious issues to be solved in regards to the outdoor seating, such as hours of serving outdoors, preventing serving to minors, safety and noise complaints and it not be contiguous to the building. He said the issue is not so much the use of space or topography.
Mr. Sousa said the original plan had a much bigger patio area. He said the current plan is now concentrating on a much smaller area with a landscaped buffer hedge around three sides that will be about 30 inches from the ground. He said there would be stanchions during serving hours temporarily blocking the sidewalk.
Attorney Correnti discussed the sidewalk issue and said that there is another public sidewalk in front of the one that will be used.
Mr. Casey asked how the sidewalk would be blocked off.
Attorney Correnti reiterated that there would be simply designed stanchions used.
Mr. Sousa said that the plans also show the furniture to be used and gas heaters will be used to extend the life of the patio.
Mr. Shea went to the easel to look at the plans up close. He asked how they will prevent serving to minors.
Attorney Correnti said there will be staff and servers outside and a hostess cart outdoors. He said in addition, the only access to the outside patio will be from inside the restaurant.
Mr. Arcari pointed to the plans to show how guests will be seated outside. He said that in regards to handing drinks over the hedges, he noted that Rockafella’s only has a chain. He said that same question could be asked of every other establishment with outdoor seating in the City.
Mr. Shea said the Board asks because it does happen.
Attorney Correnti said that the guests will access the outdoor patio form inside and on a busy night there will 4-5 staff out there and restaurant manager on duty. He said there will be no music or entertainment outside, just tables and umbrellas.
Mr. Casey asked about hours for serving outside.
Mr. Arcari said that the restaurant hours until 1 am and he would like the same for outdoors.
Mr. Casey asked about noise issues.
Mr. Arcari said that an addendum was put in the tenant lease that rent the units above that made them aware that they were moving in above a restaurant.
Mr. Casey said that if there are a series of legitimate complaints the Board can modify the outdoor approval.
Mr. Lee asked what time they offer last call currently.
Mr. Arcari said at 12:30 am.
Mr. Lee asked what time they stop letting people in to the restaurant.
Mr. Arcari said at 12:20 am.
Mr. Lee said that the other night when he and Lt. Ouellette were out that a motorcycle group topped at the restaurant and began piling all of there belonging over the bars at the doors onto the tables from outside. He said he sees problems with this.
Mr. Arcari asked what time this was at.
Mr. Lee said that it was a t 11:45 pm. And that he had a discussion with the staff. He said the problem he sees is that all thee doors are open as well and there is a lot to watch.
Mr. Shea asked if there was anything further because he had a couple of ideas and thoughts to share.
Attorney Correnti said that the DRB & SRA unanimously approved the plans and were happy with them.
Polly Wilbert, from the public gallery, resides on Cedar Street and had some concerns. She said that she has issues with closing a public sidewalk. She said when the handicap park near there they now have to go around. She said if they are coming out of the lot they have their back to the traffic. She said that this outdoor seating will also back up to a bus hut. She said there is no other outdoor seating that back up to a bus shelter where people may grab drinks off a table. She also said that while the new RCG residents signed a lease with an addendum regarding living above a restaurant, other neighbors that were there long before the Tavern did not. She said the noise will echo in downtown off the glass and the stone. She said there is a concern that it will be too loud.
TC Riley Gogan, from the public gallery, said she has spoken at the DRB & SRA meeting regarding the tavern as well. She said she feels there is a large amount of liability that goes with that corner. She said if there is an accident and someone gets hurt there it is a liability issue for the City as well as the establishment.
Shirley Walker, from the public gallery and President of the Downtown Neighborhood Association said that she agrees about the concrete and the noise. She said she is also concerned about the closing time outdoors of 1am. She asked if it would be food until 1am as well or just alcohol after a certain time.
Mr. Arcari said that food would be served the whole time, the same menu as inside.
Ms. Walker said that she hopes the Board leaved room for other neighbors to have input on how things are going.
Sandy Power, in the public gallery, resides on Loring Ave and is a member of the Salem Beatification Committee. She said that she thought RCG’s plan was to plant in that area once the building was complete but now the City is losing green space. She asked what the stone color on the plan is for.
Mr. Sousa said that is where exposed aggregate concrete will be.
Attorney Correnti said the Tavern would like to make a commitment to work with the Beautification committee to adopt the area outside of the patio area & work with the committee on it.
Ms. Wilbert asked if the plan called for raising the ground up to level or bringing it down to make it level.
Mr. Sousa said they would be digging into the area.
Lt. Ouellette said he thinks that there may be an issue with the public way and legality.
Mr. Shea said that the ABCC issues the license. He said that with the service area not being contiguous to the building the Tavern may face even more scrutiny.
Lt. Ouellette asked what happened to the police detail outside. He said that he would like to see the Board make a condition on the license that an officer has to be present.
Mr. Arcari said that it was they who requested an Officer and after three weeks the Police stopped it.
Mr. Oosthoek from the Chamber said that there are a number of places helping to get detail officers back on the street downtown.
Lt. Ouellette said there were details out last weekend all in one other place last weekend and non near here.
Mr. Shea said that the LB would try to review policy on this topic with the Chief. He said that the board is inclined to support this but that they need some more information before they do so. He said he feels outdoor serving should end at 11pm seeing this establishment has challenges closing at the closing times they have currently. He said there is a big concern about noise. He said the onus is on the Tavern to provide the LB with information showing something that the SRA vetted heavily the closing of the public way.
Attorney Correnti said that the LB has the letter from the SRA.
Mr. Shea said that is not enough. He suggested Attorney Correnti get the minutes from the SRA to the LB to review. He said he also wants some real specifics on how they will monitor the outside patio area and where exactly the hostess station will be. He said he wants specifics on how they will be careful on covering the outside area and proof of liability which includes the outdoor patio area. He said noting the support of the Beautification committee, the Board will vote at the next meeting on September 14. He said no actual construction should begin until then.
He said however, if they receive all of the information, the Board can take a phone vote before the 14th.
Mr. Casey said they should think of a having a hostess outdoors only for outdoors that does not have any other duties as not to be distracted.
Attorney Correnti asked about the 11pm closing time for the patio and asked what other establishments do.
Mr. Lee said that other establishments have longer patio hours but that will be changing. He said in the end everyone will be on the same page. He said there is a problem with outdoors and closing in the City and it will not be tolerated anymore.
General public applauded Mr. Lee.
Mr. Shea said the License is approved conditionally. Final approval will be upon the Board's receipt of language from the SRA giving the restaurant exclusive use of the public sidewalk and upon receipt of information that confirms the restaurant's liability insurance extends to the outdoor seating area.
Mr. Shea said he would accept a conditional approval for 88 seats as described on plans with outdoor hours from 11:30 am-11pm with the conditions listed above.
Mr. Casey motioned to approve
Mr. Lee seconded
Discussion: Class II Auto Dealers License Application Review. Applicant: Jean Marie Valcourt.
Mr. Shea said this is a review of an Application for a Class II License at 41 Boston Street which just a month ago had its Class II License rescinded.
Mr. Valcourt said that he would like to apply for the License and that in the past he has managed an Auto Body Shop in Dorchester. He said he wants to sell used cars now.
Mr. Shea asked how long ago he managed the auto body shop.
Mr. Valcourt said in 1996.
Mr. Shea asked if he would be operating the business full time
Mr. Valcourt said he would be.
Mr. Shea said there are questions on ownership and the lease. He said the application has to be accompanied by a new and current lease. He asked how many cars Mr. Valcourt was looking to have on the lot.
Mr. Valcourt said 10-15 cars.
Mr. Shea asked what hours he was panning to operate.
Mr. Valcourt said 9am-6pm, 6 days a week.
Mr. Casey noted some requirements. He said that lines where the cars are to be parked need to be striped and that the lot would have to be kept up as there was a problem with the condition of the lot.
Mr. Valcourt said he wanted to redo the whole lot.
Mr. Casey said this is just s review of the application tonight.
Mr. Shea said we need a lease and the ownership of the property needs to be clarified and a plan on renovations then Mr. Valcourt can come back.
Mr. Valcourt said he was only going to fix the ground.
Mr. Casey told Mr. Valcourt to come back on September 14 with the information requested.
Lottery: Haunted Happenings Novelty/Good Vendors only.
***Discussion among Board and vendors about spots.
The owner of Yarina Threads a store front on Essex Street said he does not want other vendors selling what he sells in his store.
Shirley Walker, in the public gallery, picked a name of a vendor and then a number for the space they will receive.
John Wells #74
Richard Yarardi #18
Luis Cachimuel #75
Michael Carnevale #16
Susana Fidalgo #29
Gil Pili #12
Kathy Gauthier #13
Ann Riley #17
Donald Prue #14
#13 & 74 were switched off with each other because of a conflict with John Wells selling horns in front of the Magic Parlor, an Essex Street store front.
Mr. Prue asked if there would be a lottery for October 31 for Hawthorne Blvd like last year.
Mr. Shea said there would be.
Ms. Fidalgo said he would like to apply for two non stationary carts this year for the parade and Halloween night.
Mr. Shea said there was not a problem with that seeing there was only one other application.
Lt. Ouellette said that a few years ago she applied for 1 license and had 4 or 5 carts out there.
Ms. Fidalgo said that she has not done that again and last year she had everything in time and did just what was told of her.
Mr. Shea said why not if there are only 1 or 2 other carriages.
Lt. Ouellette just wanted to remind the vendors that no silly string sales are allowed.
Mildred Collins from the public gallery asked to speak to Mr. Shea.
Mr. Shea asked who she represented.
Ms. Collins said that she represents New England Outreach.
Mr. Shea asked is Ms. Collins sold food in the past at Haunted Happenings.
Ms. Collins said that she has every year and does really neat Halloween candy. She said her office is in Salem but she works with families in Salem.
Mr. Shea explained how any vendors wishing to sell any kind of food are working this year. He said all food vendors now go through a RFP process with the purchasing Dept. He said once an exclusive vendor is chosen, that vendor has to agree to let only Salem non-profits sell other foods.
***Discussion between Mr. Shea and Ms. Collins and Ms. Talkowsky about non-profits and food.
Mr. Shea said that she could certainly have a spot for her novelties but could not sell food.
Ms. Collins asked about possibly taming up with another Salem non-profit.
Mr. Shea said she could try. He also said that if there is no participation in the RFP things will go back to the way they did last year.
Board gave Ms. Collins spot #45 for novelties.
Discussion: AD-HOC Committee recommendations, Beth Rennard.
Ms. Rennard could not be present but sent an e-mail for the Board reviewing what has been discussed so far. LB will discuss at the September 14 meeting.
Commun-
ications: Letter from Chuck Halloran of Fire Prevention on violation at Omega Auto.
Old/New
Business: Report from John Casey on inspections of Class II Auto dealerships.
As a result of the report Omega Auto, Alpha Auto, Pegasus Auto and ADM Auto will be called in for Hearing on September 14.
***Mr. Casey excused himself from the meeting.
Approved: Three one Day Liquor Licenses. Applicant: Hamilton Hall. Tricia Schott could not be present.
The events are 9/5/09 100 people for a wedding reception from 5-10pm, 9/6/09 120 people for a wedding reception from 5-10pm and 9/12/09 80 people for a wedding reception from 5-10 pm. Police details in place and insurance is provided for all events.
Mr. Lee motioned to approve.
Mr. Shea seconded
Approved: Minutes from July 13, 2009
Mr. Lee motioned to approve
Mr. Shea seconded
Adjournment: Mr. Lee motioned to adjourn
Mr. Shea seconded
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: August 12, 2009
Approved:
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