Meeting: Salem Licensing Board held Monday, October 24, 2011 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members Robert St. Pierre and John Casey, Investigator for the Board, Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was Board member Rick Lee.
Approved: Application for a Class II Auto Dealers License. Applicant: S& D Petroleum, Inc., 34 Jackson Street. Present: Attorney Joe Correnti and Ziad Naboud.
Mr. Correnti said that the business is currently a filling station and repair garage. He said it has operated here for more than 40 years. He said his client would like the ability to sell cars. He said the plot plan shows where the cars for sale will be located. He said there are two plans, one shows the ability to sell 20 on shows 30, but the applicant is only asking for permission to sell 20. He said he also has a signed letter from the owner of Shamrock Motors that was located on Jefferson Ave to turn in his license from that location if the LB approves this application.
Mr. Naboud said that this is a family business since 1983 and he is not asking to change anything else.
Mr. St. Pierre said that he would allow Councilor Lovely to speak.
Ms. Lovely said that she has received several complaints about the property including a refrigerated truck that is there every night, and the un-kept look of the lot. She said there rare unrepaired vehicles on the lot, and an old fence thrown in the back of the lot. She said the building inspector has also spoken with them. She said she had a conversation with them over the summer as well.
Councilor O’Keefe spoke and said although it is not his Ward, he is a customer there and Mr. Naboud operates a great business. He said he hopes the LB grants the license and maybe they can address some of the issues the neighbors are having.
Mr. St. Pierre said that he would let the neighbors have a turn to speak.
Diane DiLorenzo from Calabrese St. said that he may be a good businessman but he is not a good neighbor. She said that an ongoing problem with him is that he plows the snow from his property onto City plowed sidewalks and neighbors sidewalks. She said the Building Inspector watched him do this last year.
Julie Berr said that Mr. Naboud denied doing that when she went to the station to ask him not to do it. She said it creates a safety issue for the school kids walking to Collins and other pedestrians. She said there is recently an increase of police activity there as well with people speeding and traffic backing up from the station.
Mr. Casey noted that those sidewalks are indeed used by Collins Middle School students.
Ms. Berr said she hopes that the LB does the right thing here. She said the increase in traffic to the area and the increase in noise would not be good. She said as it is she has to keep her windows closed in the nice weather.
Ms. DiLorenzo said that the refrigerated box truck that is parked there all night and running and loud is owned by a Marblehead resident.
Mr. St. Pierre said that some of these issues the LB can control.
Linda White, Calabrese Street, said that she also cannot open her windows because of the noise that comes from the station. She said that there are disassembled cars littered on the lot and cars that are totally stripped on the lot now.
Ms. DiLorenzo gave photos to the LB from 2009-2010. She said there at one time were 13 cars with no plates on the lot. She said that when the fence was knocked down over 2 years ago, Mr. Naboud said he would need a petition from the neighbors to submit to the corporate office to get it fixed. She said it is still not complete. She also said that she did not think they could make noise from the repair shop on Sundays but they do.
Lt. Ouellette said there is a noise ordinance and that they should not be using air guns, etc. on Sundays. He did say that he went to speak to them at one point and that some of the cars on the lot were cars that were being repaired for other Class II license holders.
Mr. Correnti said that the Lt. is correct and the applicant does repair cars for other Class II license holders. He said that the City has spoken to his client about that and that they do hear what the neighbors concerns are.
Mr. Zaboud said that only 1 issue has been bought to his attention. He said that if there are any issues, someone just has to notify him and they will be addressed.
Mr. Casey asked about the Hutchinson truck that has been sitting on the lot.
Mr. Naboud said that it is there for repairs.
Mr. Casey said it has been there for three years.
Mr. Zaboud said it is used for storage.
Mr. Correnti said that if that is an issue it can be looked at. He said as for the fence issue that Mr. Zaboud leases the property he does not own it. He said he needed to go through BP to get the fence fixed. He said this is the first time hearing it was not completed and he will look at it.
Mr. Casey asked about the snow issue.
Mr. Zaboud said that they have only owned their own plow for 1 ½ years. He said before that someone else did it for them.
Mr. Casey asked if he was aware that on the Class II license across the street there is a 5 foot restricted area so the cars cannot be within 5 feet of the street.
Mr. St. Pierre asked if there were any other who would like to quickly speak.
Dominic DiLorenzo said that the entire lot is already very crowded and now they are asking to fit 15 or 20 more cars on it. He also addressed the noise issue with the LB and asked if they would be allowed to sell vehicles on Sunday.
Mr. Casey said the cars would have to be in a designated area of the lot and that they could sell cars on Sunday.
Mr. Migliachio from Calabrese St. said that he is cordial with the owner and buys gas there. However, he said that this would be detrimental to the people on Calabrese St.
Mr. St. Pierre said he hears the complaints but that this area is zoned for business and the LB can only control certain things.
Mr. Correnti said that he hears the concerns and understands that thing s are not great now but ask the neighbors to see this as an opportunity to get some issues taken care of.
Mr. Casey said there will be conditions on this license. He said if the conditions are not met the neighbors should put together a petition to submit to the LB.
Ms. Lovely suggested that maybe an additional fence to act as a shield for neighbors and that no snow is put on any neighbors property.
Ms. Rennard asked If 20 was the number they were looking for.
Mr. Correnti said there is adequate space for 20 cars.
Mr. Casey motioned to approve the license with the following conditions.
1: 20 vehicles must be in distinguished location.
2: Lot must be striped for the 20 vehicles and they must be parked within those lines.
3: No Boats, RV’s, motorcycles or trailers
4: Pella garden refrigerated truck must be removed from anywhere on the property immediately.
5: The fence in the lot in the back of the property must be removed.
6: A fence is to be added to the area where the 20 vehicles will be parked going to the end of Calabrese St.
7: There is to be no snow from property dumped on public sidewalks..
8: Autos are not to be worked on after 8pm and on Sundays.
9: Hutchinson truck and other junk vehicles to be removed from the lot immediately.
10. Fence that is currently there is to be finished.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Mr. Casey motioned to extinguish the Class II Auto License in the name of Norman Riley, Shamrock Motors, Jefferson Ave.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Alan Katz.
Mr. Casey asked what he performs.
Mr. Katz said he has had a license before and is a balloon artist and that he would put out a plastic pumpkin for tips.
Mr. Casey reviewed the rules and regulations.
Mr. Casey motioned to approve contingent on receiving a CORI.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Robert Gulizia.
Mr. Casey asked what he performs and if he has had a license before.
Mr. Gulizia said he plays acoustic guitar and does not use amplification and that he did have a license.
Mr. Casey motioned to approve contingent on receiving a CORI.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Virginia Comeau and daughter.
Ms. Comeau said that she and her daughter played guitar and sang on public access TV before.
Mr. Casey reviewed the rules and regulations and motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicants: Brian Moses and Lydia Silva.
Mr. Moses said they convert beanie babies into monsters and this is their first time getting a license in Salem.
Mr. Casey reviewed the rules and regulations and motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Kevin Figueroa.
Mr. Casey asked what he performs.
He said he dances to hip hop with earphones in his ears so there is no loud music.
Mr. Casey reviewed the rules and regulations and motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Marty Baird
Mr. Baird said this was his first time getting a license and that he performs balloon twisting and tricks.
Mr. Casey reviewed the rules and regulations and motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicants: James Lareau and Christian Trinarchi.
Mr. Lareau and Mt. Trinarchi said they were here last weekend and played a couple of songs and made a few dollars and were told they needed a license. They said they perform rock, folk and original music with no amplification.
Mr. Casey reviewed the rules and regulations and motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Ione Andrade.
Mr. Rennard said that she came in and met with her to apply for face painting, however she could not attend the meeting tonight.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for an Application for a Street Performers License. Applicant: George Lagasse.
Ms. Pagliaro met with Mr. Lagasse about a Street Performers license to play guitar and sing. He could not attend the meeting tonight.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for a continued Wine Vendor for indoor Winter’s Farmers Market. Applicant: Wade Holtzman, Still River.
Mr. Holtzman said that this was a great season. He said that Salem is his 2nd best market.
Mr. Casey asked where the indoor market would be held.
Mr. Holtzman said it would be inside of Artist’s Row.
Ms. Bell said that it will run form November 10th until December 22nd.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Approved: Application for Renewal of Store Fortunetelling License and 3 sub-licensees. Applicant: Kellie Overberg, Pyramid Books.
Mr. Casey asked if these are the same readers she has had before.
Ms. Overberg said they were and they have all been there over 10 years.
Mr. Casey asked if the merchandise in her store was more than 51% metaphysical.
Mr. Overberg said it is 100%.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries
Discussion: Bob’s Fried Clams, 400 Highland Ave. Present: Bob Martel, owner.
Mr. Martel said he is the new owner of Bob’s Fried Clams and that he would like to request a Seasonal Beer & Wine license because he finds he is losing business. He said that his customers go next door to the Chinese restaurant because he does not offer alcohol. He said he does not want a bar atmosphere and the hours would stay the same as they are now. He said he knows that he is not in the downtown but that he is on an entrance corridor. He said this business has been around for 57 years and they need this to survive. He asked the Board to make an exception.
Mr. St. Pierre said that the LB unfortunately cannot make an exception. He said once its done they have to do keep doing it. He said it is not in the B5.
Ms. Rennard said that a seasonal license is supposed to be for an area that shows an influx of tourist through data that is collected. She said the seasonal licenses are limited to the B5 area.
Lt. Ouellette asked if he considered purchasing one.
Mr. Casey said with the pending conversions completed one could become available.
Ms. Rennard said that two could possibly become available if licensees choose the conversion. She said to keep in touch with the Licensing Department.
Approved: Application for a transfer of an All Alcohol Restaurant License. Applicant: BP Glad Holdings, LLC currently Bay view Holdings d/b/a Exchange on Congress, 75 Congress Street.
Present: Arthur Berardino, applicant, Ernest Corbin, Current owner and Andrew Corbin, Manager, Joseph Costanzo, proposed manager and lease holder, and Gloria Leclerc and Mark Riley, neighbors.
Ms. LeClerc said that it has been quiet and nothing has been going on since last meeting.
Mr. Casey asked Mr. Berardino to explain his relationship to this whole situation.
Mr. Berardino said he is the trust and owner of the property and is the pledgee of the current license.
Mr. Casey asked if he was going to lease the space back to himself and what the intention with the license was going to be.
Mr. Berardino said he was leasing it back to himself and said he wants the license transferred to him and he will release the Corbin’s of the promissory note and pledge and he is going to operate the restaurant with Mr. Costanzo acting as the full time Manager.
Mr. Casey asked if there was anything for purchase.
Mr. Berardino said no. He said the license was pledged to him. He said that Mr. Costanzo will fulfill and agreement with them for the contents of the business.
Mr. Casey asked what the value of the contents were.
Mr. Berardino said somewhere around $50,000 and $20,000 has already been paid.
Mr. Casey said he does not see a flow of cash.
Ms. Rennard said that because it is a release of the pledge.
Mr. Casey reminds Mr. Berardino that he cannot lease out the license and asked about the hours of operation.
Mr. Berardino said the hours would be 7 days 8am -1am.
Mr. Casey motioned to approve the transfer.
Mr. St. Pierre seconded. All in favor. Motion carries.
Mr. Casey asked Mr. Berardino what he wanted the Entertainment License to consist of.
Mr. Berardino said he would like to have the ability to have background music. He said measures have been taken to relieve sound issues. He said unfortunately there are also tenants in the building that play music very loud as well. He said he also would like to have a radio, cd player and 4 speakers.
Mr. Casey said that all windows and doors are to be closed. He said entertainment will cease at 12:30 and this will be a 90 day trial period. He said if there are any issues that the entertainment will be cut back.
Mr. Berardino said with all due respect to neighbors that he hopes this license doesn’t stand on one neighbor’s complaint.
Lt. Ouellette told him to continue to work with neighbors.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded. All in favor. Motion carries.
Mr. Berardino said that they are currently closed and would like to reopen with Mr. Corbin and Mr. Costanzo until the transfer is complete.
Mr. Casey said that Mr. Corbin is still Manager of Record and has to be there 8 hrs a day every day.
Mr. Casey motioned to lift suspension.
Mr. St. Pierre seconded. All in favor. Motion carries.
Discussion: Conversion fees for liquor licenses.
Present: Darek Barikowski, Greg Shea, Valerie Bettencourt, Pat Schultz, Councilor O’Keefe.
Ms. Rennard said the bill has made it through but it currently sits on the Governor’s desk awaiting a signature. She said the Governor has 10 days to sign it. She said this was modeled after the Town of North Hampton. She said there conversion fee is $5,000.00 and the average transfer of a B&W there is 20-30,000. She said Ms. Pagliaro went back and looked at the last 5 B&W transactions. She said 62 on Wharf sold for 20,000 in 2007, Thai Hut sold for 15,000 in 1990, Brisas del Caribe reported no money for transfer of business, Bella Verona transferred for 10,000 and Engine House reported paying $75,000 for a B&W in 2004.
Mr. Schultz asked about Café Graziani and Café Gioa.
Mr. Casey said Gioia was a home rule and Graziani was an additional license in the City because of the census.
Darek said that he has been keeping in touch with Beth and Melissa since the last meeting and that he wants the LB to be able to agree on a fee tonight. He said the average of the last three is about 15,000. He said that he also spoke with the Mayor’s Office and Rinus at the Chamber and everyone agrees they a value should be concluded and this should move forward.
A conversation went back and forth between the group and the Lb about the fees for the conversion.
Councilor O’Keefe asked who set the fees.
Mr. Casey said the LB does and that he felt comfortable with $20,000.\
Mr. St. Pierre agreed with the $20,000.
Mr. Barikowski thought the fee should be discounted because these licenses could not be transferred to another address.
Rinus thought that maybe it should be 80 or 90% of the $20,000.
Ms. Rennard said the Mayor thought that maybe the fee should be reduced by 25%; the Chamber thinks maybe 20%. Pat Schultz said that the reason they sought seasonal license is because the City encouraged them to do so with the hopes of more later on.
Mr. Casey said that is not the LB’s fault, he said we have to move on and figure this out.
Ms. Rennard asked if there would be a period of time over which the fee could be paid.
Mr. Casey said a reasonable time.
Darek, Greg and Pat all agreed three years was a good time frame.
Ms. Rennard said this is only the fee for B&W and a fee for the All Alcohol conversions has to be figured out as well.
Mr. Casey motioned to approve a fee of 20,000 with the reduction of 25% of that fee for the B&W conversion. The fee will be payable over a three year period.
Mr. St. Pierre seconded. All in favor. Motion carries.
Commun-
ications: NONE
Old/New: NONE
Business:
Approved: Meeting Minutes from October 11, 2011.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded.
Adjourn-
ment: Mr. Casey motioned to adjourn
Mr. St. Pierre seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: November 8, 2011
Approved: November 14, 2011
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