Meeting: Salem Licensing Board was held Monday, June 11, 2012 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members Robert St. Pierre, Chairman and John Casey, Rick Lee, Investigator for the Board, Peter Baglioni and Melissa Pagliaro, Clerk. City Solicitor Elizabeth Rennard was also present. (Recorder was not working at this meeting)
Approved: Vote to approve the voluntary surrender of the Annual Wine & Malt Liquor License for Upper Crust Pizza, 118 Washington Street, through their attorney Chad Colarusso.
Mr. Casey motioned to approve the surrender of the License.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for One Day Liquor and Entertainment License. Applicant: Diane Manahan for Salem Boys and Girls Club for fundraising event.
Ms. Manahan said that the Clubs music program is running out of money. She said the plan is to have an event on the roof of the S. Harbor garage. Some acts will perform hoola hooping, martial arts, etc. and the tickets will be sold for $20.00.
Mr. Casey said he has an issue with that might create in the evening hours.
Ms. Manahan said that the music will be ambient.
Mr. Casey asked if they could end by 10pm and how that would impact the event.
Ms. Stathopolous from Crown Haven said that the neighborhood is noisy every Saturday night anyway and that there are really no neighbors at that section of Derby Street.
Mr. Casey suggested that Ms. Manahan talk to the building and Fire departments and some of the neighbors and come back to the LB on the 9th of July.
Mr. St. Pierre said he thinks the LB could approve it contingent upon her meeting with those departments and ending the event at 10pm.
Ms. Manahan said the other involved in planning the event should be ok with that.
Mr. Lee asked how many people they thought would attend.
Ms. Manahan said she was not sure and said asked about specific insurance because it is on the rooftop.
Ms. Rennard said that would be correct.
Mr. Casey motioned to approve contingent upon the above conditions and Ms. Manahan providing Ms. Pagliaro with something in writing about those meetings.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for (2) Two One Day Entertainment License. Applicant: St. Vasilios Church. Present: Pam Kaseris.
Ms. Kaseris said that this is for the 2nd Annual Greek Family Picnic at Winter Island. She said they are all set with the police detail and they will be serving beer & wine.
Mr. Casey asked who will be doing the serving and if she has received approval from park & rec.
Ms. Kaseris said that two members of the church are TIPS certified bartenders and they will be donating their time and she said they are going to the park & rec commission on the 13th.
Mr. Casey motioned to approve contingent upon Park 7 Rec approval and the insurance being submitted.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for Farmers Market Wine License. Applicant: Donna Martin for Mill River Winery.
Ms. Martin said she would like to see at the Farmers Market on Thursdays from 3-7pm.
Mr. Casey asked her where she was from.
Ms. Martin said that she is from Wenham, her farm is in Rowley but she is a Salem native.
Mr. Casey said that we need her insurance and the $50.00 and she should be all set.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a Blanket Vendor and Entertainment License for The Salem Dog park event on7/14. Applicant: Sarah Gagnon.
Ms. Gagnon said that she has been working with a lot of the Fidelco event vendors and having them fill out CORI forms. She said there will also be a classic rock band playing from 1-3 pm.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application to amend an Entertainment License. Applicant: Murphy’s, 300 Derby Street. Present: Peter Kelley, owner.
Mr. St. Pierre asked him what he was looking to do.
Mr. Kelly said that he would like to add entertainment on the outdoor patio from 2-3 pm until about 9pm. He said it would be non-amplified sea shanty type of music.
Mr. St. Pierre asked if there were any neighbors present who are opposed.
There were none.
Mr. Lee said that Mr. Kelly has a great record of trying to work with the Board when there have been any issues and that he has made great progress. He said that he is all for this and if there are any problems they will be worked out.
Detective Baglioni asked about the times again.
Mr. Kelly said he would like to have the option of Mon-Sun from 2 or 3 in the afternoon until 9pm.
Mr. Lee said it’s easier to approve it for the times requested and if he don’t do it all the time that is fine too.
Mr. Casey motioned to approve to amend the Entertainment License to include outdoor patio music Mon-Sun with no amplification and no percussion from 2-9pm.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application to amend Entertainment License. Applicant: Tavern in the Square, Washington Street. Present: Steve D’Sousa, Matt Biel s and Richard Naples.
Mr. D’Sousa said that he filled out the paperwork in error and the Board asked him to come back to fix it.
Mr. St. Pierre said asked for what he wants to add/change now just so it is consistent with what he has.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a Renewal of a Store Fortunetelling License. Applicant: Crow haven Corner. Present: Lori Stathopolous, owner.
Ms. Stathopolous said she is here to renew her store license and that she has been in business for over 15 years at the same location on Essex St.
Mr. Casey asked what percentage of her shop was metaphysical.
Ms. Stathopolous said 100%
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a Renewal of a Store Fortunetelling License. Applicant: Artemisia Botanicals, Wharf St. Present: Teri Calgren, owner.
Mr. St. Pierre asked her what she was looking to do.
Ms. Calgren said she would like to renew her Store License.
Mr. Casey asked what percentage of her Store is metaphysical.
Ms. Calgren said that 95% of her store is metaphysical and the other percentage is green items.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a renewal of a sub licensee Fortuneteller License at HEX, Essex St. Applicant: Carolyn Purdy. Present: Donna, Manager of store.
Mr. Casey said he believes that she was a reader there in the past and that the Store is all metaphysical.
Donna said that is correct.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for Farmers Market Wine License. Applicant: Still River Winery. Present: Wade Holtzman, owner.
Mr. Holtzman said he was a vendor at the market last year and would like to do it again this year.
Mr. Casey asked if it was a good season for him.
Mr. Holtzman said that Salem is one of the best markets he has been to.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Continued: Mr. St. Pierre said that this matter was continued from the May 14th meeting. He said that since then the City Council has requested the LB to put a moratorium on Seasonal Licenses. He said that the Board will hear and possibly approve this application because it was already in motion before the Councils request.
Mr. Mattera, the applicant, said that he is hoping to expand to a full restaurant at his location at 72 Wharf Street. He said it is a great destination and that he hopes the Board will approve it tonight.
Mr. St. Pierre said that he was going to allow the general public to speak first.
Mr. Eduardo Gonzalez who is a direct abutter and lives at 74A Wharf Street passed out packets to the Board to review.
He said there are two issues, the first being the direct financial impact on his unit. He said that when he purchased his unit there was not a bar directly below it. He said in the packet there is correspondence from a retail broker. He said the restaurant space spreads across the entire length of the building and affects three other units. He said he has acquired there signatures as also being opposed to this.
Secondly, when they were here on May 14th, Mr. Casey made a suggestion that the Mattera’s try to contact the most affected unit owners about issues such as hours, the floor plan and soundproofing. He said he has questions about trash, deliveries, ventilation, etc. he said that the Mattera’s plans do not have ventilation and with the menu they are proposing without ventilation the smells will go directly above.
He said included in the packet is a letter from the Mattera’s dated June 8 that does not show any plans for soundproofing and he said the y had extra time to come up with one.
He said that he heard the Chairman say at the beginning of the meeting that the Board may approve this license tonight. He said that he does not agree with this. He said the Mattera’s have not reached out to the neighbors as suggested and that they do not have a complete plan. He said that these licenses are not a right that they are a privilege and he takes this very serious because it affects his home and his neighbors’ homes. He said this will make a huge impact on his home. He said that he respects the Board’s decision he just wished this business was not happening under his home and he would like the Board to deny the application.
Mr. David Saia is also a condo owner at Pickering Wharf and a member of their Board of Trustees. Mr. Saia said that this plan has been in the lease. He said this is a mixed use area. He said that he feels both the business and condos thrive well there.
Mr. Henry … said he is aware of the City Councils request and he is aware of what the Mattera’s are trying to do. He said he is just not sure that this is the right place for their plan. He said he checked out the property thoroughly before he purchased it 10 years ago. He said he went on a weekend and sat and watched. He said he did not mind the surrounding business but he thinks that the LB has to decide if putting a bar directly beneath 4 units is a good choice.
Mr. St. Pierre said he would like to make a couple of comments. He said that Mr. Gonzalez focused on the value of his property. He said the problem for the Board is that everywhere we look a business is opening and he don’t know if he can legally stop that from happening. He said it si dangerous for the Board to start making decisions such as those.
Mr. Casey said that he did share some of the concerns that Mr., Gonzalez has. He said there seems to be no plan for trash, deliveries ventilation or soundproofing. He said he think the board needs a more descriptive plan. He said he would like to see the slip show more residences in favor of this application.
Mr. Mattera said that after the last meeting he knocked on a couple of doors. He said he also has a letter from a soundproofing company.
Mr. Casey said that the Board may consider a B&W but the plan is not adequate. He said the plan looks more to him like a club.
Mr. Mattera said that the floor plan was just a unique set up.
Mr. Casey said he did not see as stove in the plan.
Mr. Mattera said that they have hired the former Gen. Manager from Victoria Station to run the kitchen.
Mr. Lee said he did not want the Board to put the cart before trhe horse. He suggested that Mr. Mattera come back to the next meeting with a more concrete plan.
Ms. Rennard asked when Mr. Mattera had been before the Board of Health.
Mr. Mattera said he never has been because he wasn’t told he had to. He says that the cooking equipment they have does not require an Ansell system.
Mr. St. Pierre said that he would like to have a motion from the Board on specifics of what Mr. Mattera should be working on getting.
Mr. Casey motioned to continue the application while Mr. Mattera puts together a plan for trash removal, food deliveries i.e. how many days and what hours, noise abatement, plan for soundproofing, ventilation, work with mitigating abutters and something form Fire, Board of Health and the Building Department.
Mr. Lee said that he is not opposed to any ideas but he just thinks it needs to be right for everyone.
Mr. Gonzalez said that he has given Mr. Mattera his business card in the past and he would like to be filled in on the plans.
Mr. Casey said he can certainly understand the neighbors’ concerns. He said maybe the Board can help some concerns with and earlier closing time.
Mr. Mattera asked if the Board was asking him to redesign the restaurant.
Mr. Lee said that was an opinion.
Mr. St. Pierre said there is no further discussion on this matter this evening and that Mr. Mattera can come back to the next meeting scheduled in July.
Approved: Application for a Common Victuallers License. Applicant: Ken Santiano and Richard Savrann, owners.
Mr. Savrann said that the menu is staying the same and there may be some small changes as they go along.
Mr. Casey said it looks like all of the paperwork is in order and asked them to talk about the hours and days.
Mr. Savrann said that the current hours are 11am-10pm but they would like to do 6am-10pm 7 days a week.
Mr. Casey motioned to approve with the new hours.
Mr. Lee seconded
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a Class II Auto Dealers License. Applicant: Salter Motor Sports, 7 Florence Street. Present: Robert Salter, owner and Attorney Joe Correnti.
Mr. Casey asked Mr. Salter to tell the Board about the business.
Mr. Salter said that the business is now repair and storage.
Mr. Casey said that he is allowed to sell up to 4 vehicles a year without a license.
Mr. Salter said he needs the license so he can get dealers plates so people can take the cars out on test drives.
Mr. Casey asked where he will be storing the cars.
Mr. Salter said that he can fit up to 6 cars in the building.
Mr. Casey asked if there was a certified engineering plan.
Mr. Correnti said there is a plot plan.
Mr. St. Pierre asked if there was a big lot.
Mr. Casey pointed out that under MGL Chapter 140, a Class Ii license must be issued for the primary business of selling used vehicles not a repair shop selling them.
Mr. Correnti said the idea of this is that he is selling classic autos. He said he acquires them from around the country and restores them and sells them. He said he needs the dealer’s plates to take the cars out on the road. He said that there will no cars left outside and this is his principle business.
Mr. St. Pierre asked what types of vehicles.
Mr. Salter said they are high end classic vehicles that range from 35,000 to 55,000 dollars.
Mr. Correnti said that it is a boutique business.
Mr. Slater said without the plated there is no safe ort legal way for the customers to drive the vehicles.
Mr. St. Pierre said he believes that some neighbors would like to speak.
Mr. Patrick Higgins said that his mother is an abutter who lives on Cedar Street. He said that a couple of years ago the owners of the property were allowed to build a commercial use building. He said that the use of the building was stipulated in the variance and that in the R2 Auto dealers are not allowed. He said the neighbors will try to work with them but that this was done in bad taste. He said as it is now the previous stipulations were not met.
Mr. Correnti said he is aware of the issues. He said that they had a meeting with the Building Inspector and that they would be happy to meet with the neighbors. He said it is true that two owners ago never finished the conditions imposed. He said he has spoken with zoning twice on these issues.
Mr. Higgins said the bottom line is that an Auto Dealer is not allowed in that zone.
Mr. Correnti said that he has a letter from the zoning officer. He said he does not feel that it is appropriate for the Licensing Board not to issue.
Ms. Rennard said that the license can be entertained and conditions can be placed, based upon the the zoning enforcement officers letter.
Mrs. Higgins said some of her concerns were about the delivery of the vehicles, noise, fumes and hours and days.
Mr. Higgins said the current hours of operation sign says 8am-5pm.
Mr. Salter said that he will be doing a lot of the business on line. He said the repair will remain 9-5 Monday thru Friday and that people will be calling to make appointments to come see and drive the cars.
Mr. Higgins said that no one spoke to any of the abutters about this. He also talked about grinding metal which goes airborne.
Mr. Correnti said there will not be any paint booths.
Mr. Casey said he was by there on Saturday and that Unit #4 had a strong odor coming from whatever they were doing.
Mr. St. Pierre said that he thinks the Board should follow the advice of the city Solicitor.
Mr. Lee said that he motioned to approve the application contingent upon a letter from the zoning officer.
Mr. Casey said he second s the motion and that the license will be limited to 6 cars.
Mr. St. Pierre said all are in favor and the motion carries.
Discussion: Street performers Rules & Regulations. Ms. Rennard said that she is working on combing the applications with the regulations. She asked to continue the discussion to the next meeting.
Commun-
ications: *Email from Councilor Sosnowski regarding 10 Howard Street
Mr. St. Pierre said that it would be looked into when Detective Baglioni gets back from vacation.
*Email regarding loud music at the howling Wolf Taqueria
*Autos being sold a t 171 Boston Street.
Mr. St. Pierre said that Detective Baglioni would check on this as well.
Old/New:
Business: NONE
Approved: Minutes from 5/14/2012 meeting.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St. Pierre said all are in favor and the motion carried.
Adjourn-
ment: Mr. Lee motioned to adjourn.
Mr. Casey seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: June 14, 2012
Approved:
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