Meeting: Salem Licensing Board held Monday, May 10, 2010 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were Members: Robert St. Pierre, Chairman, John Casey and Rick Lee, Investigator Lt. Ouellette and Melissa Pagliaro, Clerk.
Approved: Renewal of Street Performers License. Applicant: Simon Linn-Gerstein.
Mr. Casey asked what Mr. Gerstein performs and if he has had a license before.
Mr. Gerstein said that he plays the cello and that he had a license last year. Mr. Casey asked if he knew the rules of performing and how he could collect donations and that there is no amplification and that the hours to perform are from 10am-8pm.
Mr. Gerstein said he knew the rules.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Renewal of Street Performers License. Applicant: Cadi Vishniac.
Mr. St. Pierre asked Ms. Vishniac what she performs.
Ms. Vishniac said she acts as a live statue.
Mr. Casey noted that Ms. Vishniac drew large crowds last year.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Postponed: Application for Street Performers License. Applicant: Lawrence Young.
Approved: Application for a Street Performers License. Applicant: Lawrence Levesque.
Mr. St. Pierre asked Mr. Lévesque to desc4ribe to the Board what it is he will be doing.
Mr. Levesque said he would be balloon twisting and performing magic.
Mr. Casey said as mentioned earlier in the meeting to other Street Performers that there is no passing top collect tips, the hours are 10am-8pm, and he can perform in the B5 district and there is no amplification allowed.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Renewal of a Street Performers License. Applicant: Gregory Gallo.
Mr. St. Pierre asked Mr. Gallo to tell the Board what he would be doing.
Mr. Gallo said that he would be playing the guitar. He said that he is classically trained and that last ear went well for him.
Mr. Casey asked if he knew of all the rules.
Mr. Gallo asked if the no amplification was something new this ear.
Mr. Casey said that it was because of the complaints from business and residents last year. He reviewed the rules with Mr. Gallo including the no amplification.
Mr. Casey motioned to accept.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Application for sub-licensee. Applicant: Babrbara Alonzi for Nu Aeon, 88 Wharf Street. Present: Amy Ravich, owner and Barbara Alonzi.
Ms. Alonzi said that she would like to read tarot cards at Nu Aeon.
Mr. Casey asked where that was.
Ms. Alonzi said it was located at 88 Wharf Street.
Mr. Casey asked if the store was more than 50% metaphysical items.
Ms. Ravich said that it was.
Lt. Ouellette asked how many readers this would be for her and asked if she knew that the limit on sub licensees was 5.
Ms. Ravich said the third but that she thinks one is leaving and she is aware of the limit.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Application for One Day Liquor License. Applicant: Rinus Oosthoek, Salem Chamber of Commerce.
Mr. Oosthoek said that the application is for a maritime event that is to be held on the Friendship on May 25, not the date originally listed on the application. It will be held from 5-7:30pm for 75 people.
Mr. Casey asked Mr. Oosthooek to change the date on the application and initial it.
Mr. Casey asked Mr. Oosthoek to provide the Licensing Dept. with an insurance certificate.
Mr. Oosthoek asked if they need a police detail because there will be a park officer there.
Mr. Lee said he recalls this last year and said he believes the Board requested a detail officer be present.
Mr. St. Pierre also said he feels as though a police officer should be present.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Application for One Day Liquor License. Applicant: Rinus Oosthoek, for Salem Chamber of Commerce and Main Streets.
Mr. Oosthoek said that this application was for the opening night reception for the Arts Fest at Old Town Hall.
Mr. Casey said that Mr. Oosthoek need to arrange for a detail officer and provide an insurance certificate for this event as well which is to be held on from 4:30-7:30 pm for 100 people.
Mr. Casey motioned to approve.
Mr. Lee seconded
Mr. St. Pierre said that the motion carries. All in favor
Approved: Application for outdoor entertainment for Living Green Fair. Applicant: Rinus Oosthoek, Salem Chamber of Commerce.
Mr. Oosthoek said that this will take place around the area of Old Town Hall. He said there will be some zip cars, kid’s activities and background music. He said will be a type of fair.
Mr. Casey asked if Mr. Oosthoek would be present for the event.
Mr. Oosthoek said he would be.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Applicaton for Blanket Vendor License for Essex Street Fair. Applicant: Rinus Oosthoek, Salem Chamber of Commerce.
Mr. Oosthoek said this fair involves non members and members and is on the Essex Street Mall. He said it begins at the Old Spot.
Mr. Casey asked how many vendors there would be and if they would all be CORI’d.
Mr. Oosthoek said that there would be 60-65 vendors and the CORI’s would be done.
Lt. Ouellette suggested that there be someone to monitor the vendor tents as there were handicap issues last year with where the vendors set up tents.
Mr. Casey asked Mr. Oosthoek for a current cell phone number so he could be reached if there were any problems and asked if he would be present for these events.
Mr. Oosthoek gave his number and said he would be present.
Mr. Casey motioned to approve with the provision that Mr. Oosthoek will be monitoring the vendors.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Application for Blanket Vendor License for Biz Baz. Applicant: Rinus Oosthoek, Salem Chamber of Commerce.
Mr. Oosthoek said this is for the big fair the second weekend in Octiber. He said that it is much bigger than the fair in August. He said he is in town the whole time for this event.
Mr. Casey said just like the August fair that CORI’s would have to be done for this event as well.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Discussion: Rizzo’s Pizza. Present: Scott Grover, attorney, Mr. Rizzopolous, Mr. Liebman and Mr. Madow, owners.
Attorney Grover said he would first like to t he Board for taking time to review the new information that was given by the City Solicitor. He said at the last meeting the Board relied heavily on the zoning ordinance from 2008.
Mr. St. Pierre said that he spoke with Ms. Rennard. He said that she was unable to be here tonight and was told that Mr. Sergeant would not be here either but is present now. He said with what he has been told and what he has seen the Board needs to revisit this issue. He told the parties from Rizzo’s they may certainly put there case on now and then they could come back to the next meeting. He said that then the Board could listen to Mr. Sergeant and Ms. Rennard and the constituents. He said that this matter was out on the agenda at the last minute and he is not comfortable disposing of it tonight.
Attorney Grover said that Rizzo’s is opening on Monday that he don’t mind deferring the meeting but would like to see some limited conditions allowed until the next meeting. He said that they would be happy to comply with the same restrictions that have been placed on Dunkin Donuts. He said that Mr. Liebman worked out a deal with NS Bank to share there dumpster to lessen the impact on neighbors.
Councilor O’Keefe said that he was surprised and felt it unusual that one of his colleagues, Ms. Lovely, be invited to attend the meeting tonight but not the Ward Councilor. He said he objects to this and respectfully asks the Board to continue this discussion to the next meeting.
Attorney Grover said he thought that Ms. Rennard was to contact all parties involved.
Mr. Sergeant said that he wants them to open. HE said that they have been using the back door anyways. He said that as far as the new information that all years have different zoning decisions. He said he would like to see the Solicitor sit down with the attorney from the mall and go from there. Mr. Casey asked if there were any other issues.
Mr. Sergeant said he would defer that question to Councilor O’Keefe.
Ms, Lovely said that she received a call over the weekend and went to look at the business. She said it is not your average Roast Beef and Pizza place. She said that a large amount of capitol went into this project. She said that she had a chance to speak with Mr. Liebman just tonight about his plans. She said she knows how passionate Mr. Sergeant is about these issues. She said that a precedent has been set already with Dunkin Donuts. She said they have a dumpster with a fence around it. She said that if Rizzo’s were to have a dumpster that it would be 50 ft away from any residences. She said that she reviewed the dumpster ordinance. She said there are very narrow hours as to when pick ups can be made. She said she thinks that his is a good business. She said that the business and neighbors
should be able to work together. She said that if there are issues Mr. Sergeant can always come back to the Board and they can discuss them with the licensee. She said that she supports Rizzo’s having the same conditions that Dunkin Donuts has and she said she suspects that it would work.
Mr. St. Pierre said that unfortunately this situation feels like Solomon, trying to divide a baby without killing it. He said that for now, until the next meeting, he is thinking that is would be ok to allow them to use the NS Bank dumpster out back. He said the Board already adjusted the hours until 11pm and leave the deliveries out front so that they can open up and then the Board will rely heavily on Ms. Rennard. He said he will listen to Ms. Rennard, Councilor O’Keefe and Mr. Sergeant and try to come up with something that everyone can live with. He said that at the last meeting, Mr. Sergeant demonstrated how 100’s of places successfully get their deliveries through the front of the establishment. He said that he is trying to be sensitive to the neighbors and to the
applicant’s investment.
Mr. Madow said that he would like to see there initial order of stock and some equipment be delivered next week through the back door.
Mr. Casey asked at what time of the day.
Attorney Grover said that it would be during the day.
Mr. Liebman said that the front door area is narrower than the back door. He said it makes a big difference if you come and see it.
Mr. Lee asked about the future of deliveries in the front.
Mr. Liebman said the walk in freezer is right where the back stairs are.
***Board reviewed floor plans and passed to Councilor O’Keefe***
Councilor O’Keefe asked if that meant it was not to code and the building was not wide enough.
Mr. St. Pierre pointed out that the Building Commissioner signed off and assured the Councilor that he is sure the building is fine.
Mr. Sergeant said that they were ultimately looking for the same conditions as Dunkin Donuts and asked if they only wanted one large delivery for their set up.
Mr. Madow said they would need a window as every delivery might not be the same.
Mr. St. Pierre suggested they have deliveries around the same time other business’ do in the mall and discuss all the rest when Ms. Rennard is here in two weeks.
Councilor O’Keefe asked if he would have the opportunity to go and look at the restaurant.
Attorney Grover said absolutely.
Mr. Casey asked if there was someone there all day now.
Mr. Liebman said they are just waiting the approval from there BOH but he would give Councilor O’Keefe his phone number and when he calls he can be there in a few minutes.
Mr. Sergeant said that he will rely on the wisdom of the Board to do what they have to tonight. He said there are issues with the rights of way and deeded right. He said he is not opposed to compromises but he wants those made between the mall’s owners.
Mr. St. Pierre said that maybe Mr. Sergeant could help bring the owner’s of the mall to some middle ground.
Mr. Casey asked Attorney Grover if he thinks a meeting could happen between Ms. Rennard and the mall owner’s in the next two weeks.
Attorney Grover thought it would be possible.
Mr. Lee said at least this will allow them to get up and running.
Lt. Ouellette said that this establishment and Dunkin Donuts can attract rodents because of food and said that the Board should regulate how they seal whatever they dispose of.
Mr. Casey asked if there was a lock on the dumpster.
Mr. Liebman said the covers are fairly heavy and are usually closed. He sais there is a lock on the fence around the dumpster.
He said that food is not the majority of the waste.
Mr. Rizzopolous looked into getting a dumpster that sets up higher on the ground and could also have an exterminator set traps.
Mr. Liebman said they have a pest control plan.
Mr. Lee said he wants to make sure they are sealing the trash.
Mr. Sergeant said that last week there was a raccoon out during the day, that must have been sick and it went right for the Dunkin Donuts dumpster. He said maybe they can use some kind of wire ties to tie the bags with rather than just tying knots.
Mr. Liebman said that was a good suggestion.
Mr. Rizzopolus said that the Board could call Peabody if they’d like. He said that he runs a clean business and has never had any complaints there.
Mr. Casey motioned to temporarily approve the following until May 24, 2010.
- Rear door may be used for deliveries between 10am and 12 pm.
- Exit back door with trash
- Trash thrown in dumpster must be sealed
Mr. Lee seconded.
Mr. St. Pierre said that the motion carries. All in favor
Approved: Entertainment License. Applicant: Rizzo’s
Mr. Lee read from the application requesting 3 TV’s, radio, CD player and music from an IPOD.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St. Pierre said that the motion carries. All in favor
Other
Discussion: Lt. Ouellette said he would like t address an incident that occurred last time that Mr. Rizzopolous was before the Board. He said that a neighbor said that he had been threatened by Mr. Rizzopolous and there were witnesses. He said that this is an open forum and no one should fear retaliation when they come and speak here. He said this is not the right foot for a business to get off on. He said he think that Mr. Rizzopolous needs to send a written or give a verbal apology to that man.
Mr. Rizzopolous said that it was he who was threatened first.
Mr. Lee said not to argue and just listen to what the Lt. has to say. He said that he agrees with the suggestion of an apology.
Mr. St. Pierre said that eh knows that sometimes these issues become explosive but wanted it to be known that we do not operate that way in Salem. He asked Mr. Rizzopolous to write a short apology to the man.
Mr. Lee motioned to approve the request of the board having Mr. Rizzopolous write an apology and consider this as a verbal warning.
Mr. Casey seconded.
Mr. St. Pierre said that the motion carries. All in favor
Commun-
ications: *Letter from housing court re: 315-317 Essex Street
*Notice of upcoming Lodging House and Inn inspections by the BOH.
Old/New
Business: *Lt. Ouellette said that he just wanted to bring up some news that has been buzzing about the hours for serving on Sundays. He said the old blue laws only allowed alcohol to be served beginning at noon time. He said people are pushing to have it served at 11am because of morning brunches. He said that maybe at the next meeting the Board could take a vote to make a recommendation to the Council. He said the Council has to change that.
Mr. St. Pierre and Mr. Lee said they were both in favor of the idea.
Mr. St. Pierre said the Board would take a vote at the next meeting and submit it to the Council.
* Lt. Ouellette said that the ABCC has contacted local alcohol establishments to let them know that they will be holding a seminar for licensees. He said the plans are not definite yet.
Approved: Minutes from 4/26/2010 meeting
Mr. Lee motioned to approve
Mr. Casey seconded
Adjourn-
ment: Mr. Lee motioned to adjourn
Mr. Casey seconded
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: May 17, 2010
Approved: May 24, 2010
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