Meeting: Salem Licensing Board was held Monday, December 3, 2012 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were Chairman Bob St. Pierre and members John Casey and Rick Lee, Det. Sgt. Page and Clerk of the Board, Melissa Pagliaro and City Solicitor Beth Rennard.
Approved: Application for Entertainment and two One Day Liquor Licenses for Salem jazz & Soul Festival. Present: Matt Caruso.
Mr. Caruso described the event as identical to prior years. Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carried.
Approved: Application for Change of Manager and to Change Corporate Name for Finz Restaurant. Present: George Carey, owner and Joseph Keefe, proposed manager.
After a brief discussion with Mr. O’Keefe about his experience, Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carried.
Approved: Application for Common Victuallers License currently Bob’s Fried Clams. Applicant: William Levy, Bob’s Fried Clams, 400 Highland Ave.
The new owner of Bob’s Fried Clams spoke to the Board about his experience and Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carried.
Continued:Application for a Class I Auto Dealers License at the former Stutz Volvo dealership on Highland Ave. Applicant: Hometown Auto Framingham, Inc. d/b/a North Shore Mazda.
Present: Darrin Bonano head of Mazda’s operation and Attorney Joseph Correnti, representing the applicants.
Mr. Correnti said this application is to bring back a new Class I Dealership to the site that was formerly Stutz Volvo which operated there for decades. He said over the last few years there were improvement to the building and the facilities. He said most recently they had a Class II license for selling used vehicles. He said that the new Mazda dealership will operate 7 days a week. He said that Mr. Bonano is the General Manager of all of Hometown Auto. He said that his company has a great history.
Mr. Bonano said that Mr. Shaker is the president and sends his apologies that he could not attend this evening. He said the Shakers have operated this business since the 1930’s and it has been a family owned business and they have a great reputation. He said they sell new and pre owned vehicles. He said that Mr. Shaker is very active in his business communities and gives back to them. He said he feels this is a good fit for them and the community.
Mr. Casey asked how many autos there would be on the lot.
Mr. Bonano said that on site there would be about 200 vehicles.
Mr. Correnti said that Mr. Plaisted, owner of Stutz is here to support the application.
Attorney Goldberg who represents the abutters in current litigation against the Plaisted’s said he would like to speak.
Attorney Keilty said he represents Mr. Plaisted.
Mr. Correnti showed a map of the land to the members. He said that the main building is on Highland Ave and there is a building in the rear that is the service garage. He said the back of the showroom building is paved and striped , he said this an updated plan from November 7, 2012. He said behind it there is a fenced in lot, lot 660 on the map. He said this would all be included in the lease to Hometown Auto.
Mr. Goldman said that the comments are not personally related to the Shaker family and he wished them the best of luck just somewhere else. He said that he didn’t believe the amount of cars they are proposing would fit. He said he believes some of the painted lines are encroaching on Greenledge Street. He said that the abutters building is a daycare center and that on any given day there can be up to 100 children there. He said as of now the license needs a special permit. He said it is not part of a zoning matter of right. He said that Mr. Shaker is relying on Mr. Plaisted’s special license. He said they should have obtained the special permit and then applied for the license. He said they have to have access for this proposal and they do not have access. He said that ledge was knocked
down. He said their position is that the lots in the back will never have access. He passed out a copy of the actual litigation. He said that the application has to be able to show access and asked what are the rights on Greenledge Street, which is the basis for the litigation. He said that the building encroaches and is use is above normal use and noted again that this is already in litigation in land court. He said the lease says there is room for negotiations. He said he just wants the LB to be sure the applicants are being truthful.
Mr. Keilty said they have been involved in litigation since 2007. He said that Anarpet, represented by Mr. Goldberg claims that they do not have access to some of the mentioned property. He said Mr. Plaisted has operated there since the 1960’s. He said that at no time did Anarpet ask for an injunction barring Mr. Plaisted from Greenledge Street. He said the special permit was not for use. He said there were some past property renovations of the showroom and service building. He said that because the dealer was located in and entrance corridor to the City it required a special permit. He said that the Planning Department decided it was a private way. He said that Anarpet appealed that decision and that is why it is in court. He said that the encroachment issue is in regards to jersey barriers. He
said they can move those onto the property. He said they won motion for partial summary judgment. He said they own to the half-way point of Greenledge. He said there is access directly from Highland Ave.and Greenledge. He said there are not issues for the Licensing Board. He said this matter will continue before land court. He said he does not feel as though any truths have been misrepresented.
Mr. St. Pierre said both sides are presenting differently.
Mr. Goldberg said that the special permit was for modification. He said he is not quite sure about the use. He said in any event that special permit cannot be a pocket permit. ,
Mr. St. Pierre asked how long the special permitted area has been in use.
Mr. Keilty said the back portion of the lot since 2000.
Mr. Casey said the LB issued the license with litigation going on.
Ms. Rennard said that when the litigation began over access issues the dealership was there. She said she doesn’t see why one couldn’t be there now. She said the litigation is over the roadway.
Mr. Correnti said if all were true, then Mr. Plaisted would not have operated for so long. He said land court will decide those issues. He said there is no injunction in place preventing the LB from issuing this license. He said it is our risk if the court decided differently then we will be back before you.
Mr. Lee said it is not the LB place to anticipate what the court is going to do.
Mr. St. Pierre asked about the special permit.
Ms. Rennard said it was for renovations not use.
Mr. Keilty said Stutz was open when the litigation began. Mr. Goldman said that if Stutz had come back to reapply for the license and something was wrong it wouldn’t be ignored. He said the LB has to look at all of the info not just the issues regarding access. He said Stutz has five years to fix issues and asked why he hasn’t. He did say that if he spoke in error on the special permit he apologizes.
Mr. Casey said he believed that the car carrier used to deliver on Highland Ave.
Mr. Goldman said the special permit says where the car carrier can go.
Mr. Bonano said the car carrier comes about five or six times a month not on a daily basis. He said that lot of cars are stored off site at the Wellesley location. He said all they want is safe and happy relationships with their neighbors.
Mr. Casey asked if the carriers were Mazda carries.
Mr. Bonano said no that they are leased.
Mr. St. Pierre asked if the carriers could come when the children are not there.
Mr. Bonano said they come at certain hours he would have to check that.
Mr. Theopolous from Young Word Academy said he would like to speak. He said that Stutz had car carriers unloading on Highland Ave for a long time. He said they used to go in Greenledge Street or on his property. He said he has photos of that.
Mr. St. Pierre asked how long ago.
Mr. Theopolous said 5 or 6 years ago. He said there is a bus stop put front where the carrier would unload and children and parents coming in and out. He said Mr. Plaisted had ripped down the bus stop sign.
Mr. St. Pierre said he would like to take this and move it forward with the new owner.
Mr. Theopolous said as far as the road way usage Mr. Keilty is not totally correct. He said that land court looks at land differently. He said there is nothing on the deed that allows him access to Greenledge Street. He said there are all sorts of issues.
***Mr. St. Pierre said he would like to take a 5 minute break***
Mr. St. Pierre said that the LB should continue this matter to a meeting on December 17, 2012at 4pm. He said that it is his intention to issue this license but that he would like to see if the parties are able to connect and settle any of these issues that have been mentioned here tonight. He said this property has been run as a dealership since the 1960’s and hopefully some type of resolution can be found.
Mr. Casey motioned to continue this application to the December 17 meeting.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carried.
Commun-
ications:
Approved: Meeting minutes
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carried.
Adjourn-
ment: Mr. Lee motioned to adjourn.
Mr. St. Pierre seconded.
Respectfully submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: December 19, 2012
Approved: January 14, 2013
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