Meeting: Salem Licensing Board held Monday, July 12, 2010 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members: Robert St. Pierre, Chairman and John Casey. Investigator Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was Rick Lee.
Approved: One Day Liquor License. Applicant: Historic Salem. Present: Richard Thompson.
Mr. Thompson said that this is a fundraising event that will be held on the Friendship.
Mr. Casey asked if it was all alcohol.
Mr. Thompson said just Beer & Wine.
Mr. Casey noted that the insurance certificate and check is with the application.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Extension of Entertainment License to Outdoor Patio for one day. Applicant: Ward Two Social Club. Present: Pat Hagen.
Mr. Hagen said that the club does this every year on its anniversary. He said they would like to have a band outside for 4 hours.
Mr. Casey asked Mr. Hagen to get the office a copy of the insurance certificate.
Mr. Hagen said the event will be on August 7 from 1-4 pm.
Lt. Ouellette asked who the band is.
Mr. Hagen said The Revolvers.
Lt. Ouellette said due to the band he requests that 2 officers be present.
Mr. St. Pierre asked Mr. Hagen if there was a problem with that.
Mr. Hagen said that was fine.
Councilor O’Keefe said that the club has a good reputation and they have a done a lot for the City. He said that he supports the application.
Mr. Casey motioned to approve and waive fee with a condition that 2 officers be present.
Mr. St. Pierre seconded. All in favor.
Approved: Street Performers License. Applicant: Sean Augulewicz.
Mr. St. Pierre asked Mr. Augulewicz what he performs.
Mr. Augulewicz said that he plays the guitar and sings.
Mr. Casey said that the rules are performing hours are from 10-8 pm, no amplification, only a stationary case can be used for tips there is no passing to collect money.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Street Performers License. Applicant: Paul Harty.
Mr. Casey asked what he performed.
Mr. Harty said he sings and plays the guitar and harmonica.
Mr. Casey asked if Mr. Harty heard all of the rules when the previous applicant came up to the table.
Mr. Harty said he did.
Mr. Casey said the only other thing to know is that if someone from the Board, a City Official or someone from police asks him to move to another location that he abides by that.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Street Performers License. Applicant: Kevin Masse.
Mr. Masse said that he would be playing guitar but not singing.
Mr. Casey reiterated the hours for performing are from 10-8pm and that there is no soliciting money and no amplification.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Street Performers License. Applicant: Dave Kess.
Mr. Kess said that he wants to dress in costume for pictures. He said that he has a walking tour and knows that is a separate license.
Mr. Casey asked what he would be in costume as.
Mr. Kess said he would dress in the colonial era and give facts and information about Salem.
Mr. Casey said there is no panhandling and can only have a case or jar out stationary for tips.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Street Performers License. Applicant: Chris Peckbeaton.
Mr. Casey asked what he will be performing.
Mr. Peckbeaton said he will play the guitar and sing.
Mr. Casey said that there is no amplification, only something placed stationary for tips and the hours are 7 days from 10am-8pm and that if someone from the City or Police request him to move that he does so.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Renew Store Fortunetelling License. Applicant: Hex. Present: Christian Day.
Mr. Casey asked what percentage of the store was metaphysical.
Mr. Day said 100% of it is.
Mr. Casey asked what the address of the store is and the hours.
Mr. Day said it is located at 246 Essex Street and is open usually from 11am-7pm.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: (3) Three sub-licensees. Applicant: OMEN. Present: Christian Day.
Mr. Casey asked if this store was also 100% metaphysical.
Mr. Day said this store is 95% metaphysical.
Mr. Casey said the 3 sub-licensee applicants are Caroline Purdy, Leanne Gordon and Colleen White.
Mr. Casey asked if these readers have read for him previously.
Mr. Day said they have.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Renew Store Fortunetelling license and 2 sub-licensees. Applicant: Crow Haven Corner. Present: Lori Stathopolus.
Mr. Casey asked if these readers have read for her before.
Ms. Stathopolus said they have.
Mr. Casey motioned to renew the Store Fortuntelling license for Crow HavenCorner and approve the application of two sub-licensees, Barbara Farrell and Mary Turkemani.
Mr. St. Pierre seconded. All in favor.
Approved: Individual Fortunetelling Application. Applicant: Candace Yager.
Ms. Yager said that she reads tarot cards and does physic consultations.
Mr. Casey said there are no bright flashing signs allowed in home windows to advertise her services and asked how she would advertise.
Ms. Yager said via internet and flyers.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor.
Approved: Individual Fortunetelling Application. Applicant: Kelley Flannagan.
Ms. Flannagan said that she also does consults and tarot card reading.
Mr. Casey asked where the reading would be done.
Ms. Flannagan said at 21 Thomas Circle.
Mr. Casey asked how she would advertise.
Ms. Flannagan said that she may use flyers and through word of mouth.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor
Approved: Individual Fortunetelling Application. Applicant: Kristina Gurshkins
Mr. St. Pierre asked Ms. Gurshkins what she would be doing and her address.
Ms. Gurshkins said that she would be using flyers and word of mouth to advertise and that her home is on Williams Street.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor
Approved: Store Fortunetelling License. Applicant: Donald Lewis for The Salem Chapel.
Mr. Lewis said that the church will hold Wiccan serviced and sell Wiccan religious products.
Mr. Casey asked what percent of the items were metaphysical.
Mr. Lewis said all of the merchandise is.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor
Discussion: Honga Restaurant Boston Street. Present: Mr. Dong and sister.
Mr. Casey asked if Mr. Dong was there most of the day.
Mr. Dong said he is.
Mr. Casey said that when the License was approved there was a stipulation that they keep the venting system clean as to prevent odors from going into neighborhood. He said the smells right now are unacceptable.
Lt. Ouellette said that this same issue was addressed three years ago and it was a problem with the exhaust system.
Mr. Bruce Goddard in the public gallery, of 17 Flint Street showed the Board some pictures of the vent system.
Mr. St. Pierre said that maybe it just needs a cleaning and asked when the last cleaning was done.
Mr. Dong’s sister said it was done 4 months ago and produced a slip. She said it done every 4 months.
Mr. St. Pierre said the slip shows it was cleaned on March 11.
Mr. Casey said there is no relief in the neighborhood from the smells and that about 6 neighbors have complained to him via e-mail. He said a neighbor, Mr. Ricarelli, could not be present but quoted him as saying that he “is in the direct path of fumes”.
Mr. Goddard also said some other neighbors who are out of town have emailed him about the odors. He said they told him via email that the smell is overwhelming and offensive and they cannot even open their windows.
Mr. St. Pierre told Mr. Dong he would like him to work on resolving this matter before the next meeting. He said maybe they could use some new filters. He said to work on this ASAP and they would come back to the next meeting.
Mr. Goddard also wanted to say to the Board that Mr. Dong has always been very pleasant.
Mr. Goddard said that an architect suggested a higher exhaust pipe.
Lt. Ouellette said they can contact a company for ideas on what can be done.
Diane Wolf, in the public gallery, from Lobster Shanty, gave Mr. Dong a business card with the name of a company she uses.
Discussion: Lobster Shanty Front Street. Present: Diane and Lee Wolfe.
Mr. St. Pierre said that the Board was calling them in to speak about complaints regarding their entertainment and to amend the license. He said that initially when the license was done it stated entertainment began in June going through October. He said the Board is going to correct it to read April through October.
Ms. Wolfe said that was great and that they have only complaint all year and that was on May 20th.
Mr. St. Pierre asked if anyone would like to speak on this matter.
No one responded.
Mr. Casey motioned to amend the 2010 Entertainment License for the Lobster Shanty to read April thru October and limited amplification after 11pm.
Mr. St. Pierre seconded. All in favor
Discussion: Rizzo’s Paradise Road
Present: Scott Grover for Rizzo’s and John Carr for neighbors.
Attorney Grover and Carr said that they had been working on a proposal to try and bring to the table. Mr. Grover said that the issues involved Rizzo’s dumpster and deliveries. He said that the proposal was to move all dumpsters down by staples and to have deliveries unloaded sown by Staples and then hand push them on a cart to the back of Rizzo’s. He said that he came up with a plan to involve the shopping center in getting the back of the lot cleaned up and he has not heard back from Mr. Carr in 3 weeks.
Mr. Carr said that he feels there is some progress with issues on the dumpster. He said that as a result of a lengthy Hearing on March 22 that it was the decision of the Board to grant a C/V license with restrictions. He said a sticking point was deliveries. He said that in 2008 Ms. Rennard, the City Solicitor, issued a decision. He said that the Board actions were not in conjunction with the Ms. Rennard. He said that in an effort to try and lease both sides that the former chairman, Dave Shea, did not make the best decision. He said the new application was farmed out to Mr. Parisella by Ms. Rennard. He said he spoke to both parties today by telephone on a three way call and that neither party is changing their opinion.
Mr. Grover said that he received a voice mail from Ms. Rennard today that said she was not shutting the door.
Mr. St. Pierre said that the Board’s 3/22 decision had been corrected.
Mr. Carr said he looked at all zoning. He said that under MA laws you cannot make deliveries onto a private street. He said that the Board was perfectly legitimate in imposing the initial restrictions that it did.
Mr. St. Pierre said that the decision is what it is but he is not opposed to a compromise being worked out either.
Mr. Grover said that most of the paved way behind these business are commercial zoned. He said its about 40 feet wide of a paved section.
Mr. St. Pierre asked if there was an opinion where the center of the road is.
Mr. Carr said that the Board cannot go against MA law. He said the parties are making progress but a sticking point is the deliveries. He said the neighbors claim that Rizzo’s has violated the conditions since March 22. He said the conditions that were put in place were legal including deliveries being made through the front.
Mr. Grover said the Solicitor was not opposed to a plan being worked out.
Mr. St. Pierre asked both parties if there just wasn’t an easy way to work this out.
Mr. Carr said that land court plan goes back to the 60’s possibly.
Mr. Grover asked again about taking delivers on Paradise Ave. if they stay on the private road.
Attorney Alan Sleisinger, represents the property owner. He said that he respectfully disagrees with Mr. Parisella. He said there are maps that show clearly how the land is zoned. He said he also disagrees with the opinion that they don’t have a claim to the property. He said that the LB does not have the authority to enforce zoning. He said that would be the Building Commissioner.
Mr. St. Pierre said that he does not know if there is anything the LB can resolve.
Mr. Slisinger said that the property owner agrees with Mr. St. Pierre. He said this building has been there for 60 years and has had access to the road. He said this beyond the LB. He said that for the health and safety of all he would put all of the dumpsters behind Staples that way any food using establishment would be away from homes. He said that they are well within their rights to use the road. He showed the Board a map for Paradise Ave. He said it is 40 feet and the zoning line is down the middle. He said the electric poles mark the property line. He said that the entire paved way is in the commercial zone. He said he feels as though they should be able to continue to use their own property.
Mr. Carr said the issue before the Board tonight is deliveries through the front of the establishment. He said he feels the City Solicitor represents the LB and she said no deliveries out back.
Mr. St. Pierre asked if there any other issues.
Councilor O’ Keefe asked that the LB stick with the decision that has been given.
Mr. St. Pierre said that the Board relies on the City Solicitor and that the problem is if the LB starts to sway it outs everyone in a bind.
Mr. Grover said that it was his opinion that Ms. Rennard would not be opposed if all the parties worked something out.
Mr. St. Pierre said that the last thing he is saying is that if something cannot not be worked out than the Board will stand by the decision.
Mr. Casey said that the Board relies heavily on Mr. Rennard’s decisions. He said the LB is going to have to go back to its original conditions and if they want to come back on the 16th of August they can.
Mr. St. Pierre said the initial conditions would be put back place.
Mr. Liebman asked the conditions.
Mr. Casey said the dumpster would have to be placed in front, the deliveries would have to come through ht front and the rear door should be used for emergency vehicles only.
Mr. Liebman said he met with a neighbor names Mr. Carter. He said that he is completely satisfied with the way things are being run. He said that most trucks go behind staples and hand truck it is. He is asking that they be allowed to do that too until the meeting on the 16th. He said they have spent a lot of money on the restaurant.
Mr. Grover said that it is actually totally on their property.
Mr. Liebman said that he will even adjust the back door so it does not slam.
Mr. Carr said that there are other violations from this establishment as well and that the Board should just stick to the decision. He said some neighbors would like to speak.
Mr. St. Pierre said that it is not necessary right now. He said the Board will go with Ms. Rennard’s suggestions. He said this is a dilemma.
Mr. Sleisinger asked why the LB is going on that.
Mr. St. Pierre said he is not going to go back and forth with this.
Mr. Sleisinger said he would like his objection to be on the record.
Mr. St. Pierre said the meeting is taped and it is on record.
Mr. Sleisinger said he does not believe the decision is correct.
Mr. Liebman asked if they can still use the dumpster from the bank out back.
Mr. St. Pierre said that the conditions are that they have a dumpster out front.
Mr. Liebman asked if this could be rewritten.
Mr. St, Pierre said at this point the parties can either go to court or compromise.
Mr. Casey said he felt the same as the Chairman and didn’t fell as thought they qualify to determine the law in place.
Mr. Grover argued there are other ways to use the back door without using Paradise Ave.
Mr. Carr said that other places work with deliveries in front so lets work with the decision that is now in place.
Mr. Rizzopolous said he feels as thought they are being treated unfairly.
Mr. Casey motioned to keep the March 22 conditions in place on the C/V/ license.
Mr. St. Pierre seconded. All in favor
Discussion: Steve Morris, owner of 43 Boston and 315-317 Essex Street. Present: George Atkins attorney for Steve Morris and Steve Morris, owner.
Mr. Atkins said he is not sure why his client is here.
Mr. Casey said that the Board had a few questions. He said that he wanted to make sure that 315-317 Essex Street was no longer being used as a Lodging House.
Mr. Atkins said that was correct.
Mr. Casey said that the Board will rescind that license tonight.
Mr. Casey motioned to revoke the lodging house license currently issued for 315 Essex Street.
Mr. St. Pierre seconded. All in favor
***A neighbor in the public gallery said she would like to speak.
Mr. Atkins said that where there is no license any more that would be pointless.
Dorothy Hayes, abutter to 315 Essex Street, said she was made to believe the property would be sold.
Mr. Atkins said that issue is not within the Boards jurisdiction. He said the property plans to be sold to an LLC it just has not formally occurred yet.
Ms. Hayes asked who the members of the LLC are.
Mr. Atkins said he’d be happy to provide that to her outside of this meeting.
Mr. Casey said the second issue is the 43 Boston Street property. He said that the BOH and Fire Prevention went there and found they could not enter most of the rooms because the keys were not available. He said there was no license posted and no registration book for occupants as required by law. He said Mr. Morris said that a book was not done. He said that the conditions of the rooms were appalling and filthy. He said that the BOH report shows he failed.
Mr. Atkins said he disagrees with Mr. Casey and that about a dozen of items will be corrected for re inspection. Mr. Atkins said that Mr. Morris id trying to sell the building and that he will not be in the rooming house business anymore. He said he does not see the need to be lectured by the Board as he knows the laws.
Mr. Casey began to discuss the fees for next year and Mr. Atkins told him there was no need to do so.
Discussion: Lodging House, 179 Boston Street. Present: James Gaines and Paul Dacey.
Mr. Casey said that he had spoke with Billy Maringelo and his probation officer on the scheduled visit.
Mr. Gaines said that there is only one manager and that is Paul Dacey. He said that Mr. Maringelo lives there in exchange for watching out for problems and if there are any he then contacts Mr. Dacey. He said the Lt. from fire was there today and it is all cleaned out.
Mr. Casey said he drove by and it is much better.
Mr. Gaines said that he never got the initial letter from BOH about the inspection; He said the man that usually takes care of the trash broke his ankle and did not do it.
Mr. Casey said on that visit the re was food and drink containers littered all about the back , sofas, mattress; and debris, garbage with flies all over and high grass that had not been cut, etc. He said the last license that was posted was 2006. He said the basement also had mattress, broken bottles, piles of broken tiles and insulation.
Mr. Casey said the Board is willing to schedule this for another date so there is a chance for every room to be inspected.
Mr. Gained apologized for not being prepared because he did not receive the letter.
Mr. Dacey said there is a posting now on every floor with his number in case someone needs to reach him.
Mr. Gaines said that he and Paul are very experienced in running these lodging houses.
Mr. Casey also asked him to have a bound book for residents and to come back for the August 16th meeting.
Commun-
ications:
* Anonymous letter regarding Lafayette Market
Mr. St. Pierre turned that over to Lt. Ouellette to investigate.
Old/New
Business: Vote of Board to accept new law to roll back opening hours on Sundays until 10am for establishments that serve liquor as per Ch. 138 Sec. 33B.
Mr. Casey motioned to approve.
Mr., St. Pierre seconded. All in favor
Approved: Meeting minutes from June 12, 2010 meeting and special meeting on June 28, 2010
Mr. Casey motioned to approved
Mr. St. Pierre seconded. All in favor
Adjourn-
ment: Mr. Casey motioned to adjourn
Mr. St. Pierre seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: July, 2010
Approved: , 2010
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