MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: October 19, 2004
Date of Transcription: October 20, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Tropeano called the meeting to order at 7:01 P.M.
A. Roll Call
Selectmen Present: Patrick G. Tropeano, Chairman
Bruce Sauvageau, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Cindy Parola
Absent: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the Board: Donald Hall
Mr. Hall asked who was responsible for putting the benches in Besse Park this past summer. Chairman Tropeano stated there is a policy relative to benches that goes through the Administrator. Selectman Parola stated that she is not sure, but it may have been the Wareham Village Association. Mr. Hall commended whoever put the benches in this area.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Sauvageau moved the Board approve application #24 from Methuen Construction Co., Inc. in the amount of $457,780.01 re: the WPCF upgrade. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80186297/10 from Camp, Dresser & McKee in the amount of $21,115.22 re: engineering services for the design of gravity sewer, pumping stations, force mains, & pressure sewers for Rose Point, Briarwood Beach, & Beaver Dam Estates areas. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
C2. Approve minutes of previous meetings: 8/17/04.
MOTION: Selectman Sauvageau moved the Board approve the Regular Session meeting minutes of 8/17/04. Selectman Fernandes-Abbott seconded.
VOTE: (3-0-2)
Selectmen Tropeano & Pillsbury abstained
C3. Appointments: Election/Poll Workers
MOTION: Selectman Sauvageau moved the Board appoint Katrina Vaughn & Brandy Gomes as Election/Poll Workers to terms to expire 6/30/05. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
(NONE)
V. LICENSES & PERMITS
NOTE: Item A will be held at 7:15 P.M. The meeting proceeded w/ item B. Application of Welch’s Restaurant & Lounge, Inc., 2424 Cranberry Highway, Wareham for a change of d/b/a from Zeady’s Restaurant & Lounge to Pomodore's Restaurant & Lounge, under the provisions of Chapter 138 of the MA General Laws.
Present before the Board: Brian Welch
Chairman Tropeano asked if Mr. Welch would be open on Sundays for entertainment. Mr. Welch responded “No”.
Mr. Welch stated he is planning new renovations & would like a new name for the establishment. He stated pomodore means fresh tomato in Italian.
MOTION: Selectman Sauvageau moved the Board approve the application of Welch’s Restaurant & Lounge, Inc., 2424 Cranberry Highway, Wareham for a change of d/b/a from Zeady’s Restaurant & Lounge to Pomodore’s Restaurant & Lounge, under the provisions of Chapter 138 of the MA General Laws. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VI. ANNOUNCEMENTS
1. There will be a presentation at the library on 10/21/04 at 6:30 P.M. relative to ancient archeological artifacts found in Wareham.
2. Fall Town Meeting Warrants are now available in Town Hall.
3. Town Meeting will be held on 10/25/04 at 7:00 P.M in the Wareham High School Auditorium.
4. The Veterans Day Parade will be held on 11/11/04 in Marion.
NOTE: The meeting proceeded w/ item VIII. Selectmen’s Reports: (NONE)
VII. BUSINESS
NOTE: The meeting proceeded w/ item B. Any other business.
1. Year-end certificates.
Selectman Parola asked if there are any plans to have a year-end certificate ceremony. She sited several individuals deserve recognition. Chairman Tropeano stated he would look into this.
2. Board/Committee Summit.
Chairman Tropeano stated Selectman Fernandes-Abbott suggested holding another summit meeting. Discussion ensued re: when to hold the summit. The Board members concurred to hold the summit in 1/05.
3. Cumberland Farms application for fuel storage.
Brief discussion ensued. Chairman Tropeano discussed his visiting the site & spoke w/ the company’s traffic people.
Selectman Fernandes-Abbott stated the next Board meeting w/ them is the night of Town Meeting & she requested that this meeting be video taped. Discussion ensued re: meeting w/ the company on Tuesday, Oct. 26 instead of Oct. 25, the first night of Town Meeting. Chairman Tropeano stated he would look into changing the nights.
NOTE: The meeting proceeded w/ V. Licenses & Permits – A. Hearing – Application of the Onset Village Inn, Inc., 11 South Boulevard, Onset, MA for a Seasonal Common Victualer All-Alcoholic Beverages License, live entertainment & dancing on Sundays & weekdays, under the provisions of Chapter 138 & Chapter 140 of the MA General Laws.
MOTION: Selectman Parola moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Present before the Board: Leigh McCullough, Owner
Scott Withiam, Innkeeper
Maggie O’Hara, Innkeeper
Chairman Tropeano stated that the application does not indicate hours for entertainment on Sundays. Ms. McCullough stated that she is asking for an entertainment license because she may on occasion want a classic guitarist to play. She stated the hours for entertainment on Sundays would be 6:00 P.M. to 10:00 P.M. Chairman Tropeano stated this needs to be added on the application at the Board of Selectmen’s office. He added that Ms. McCullough must also submit the green return abutters receipts to the Board of Selectmen’s office as well.
Ms. McCullough stated she would like to develop a small café feeling offering teas, coffees, & alcoholic beverages. She stated the purpose of this is to stimulate guests during the off-season.
Ms. McCullough stated she is not interested in having a loud bar w/ stools type of atmosphere. She submitted pictures of the interior renovations to the inn.
Ms. McCullough stated she has spoken to neighbors & addressed their concerns re: people drinking in the front yard or their yards. She stated she would not allow this. She stated she is planning on charging a high price from alcoholic beverages. She will limit the amount of drinks a person may have & there will be strict dress & conduct code.
Ms. McCullough stated the inn has a limited occupancy limit & she doesn’t want big crowds. She will have no loud music. She discussed that there is ample parking.
Selectman Parola asked if Ms. McCullough would be advertising for dinner meetings, lunch meetings, etc. Ms. McCullough stated this is the type of business she wants. She stated she is looking at is having small businesses come to the inn. She stated recently a small business came for a two-day stay w/ 12 people. She stated she would like to offer these guests drinks & snacks.
Selectman Sauvageau feels these types of businesses; such as Ms. McCullough’s add to the community. He stated he wants to hear of any concerns of the neighbors.
Selectman Fernandes-Abbott stated originally she questioned why Ms. McCullough did not include the dining room as a serving area, but she understands that only light fare will be served. Mr. Withiam stated that there is only a small dining table & most likely the drinks will be served from the table. Chairman Tropeano stated that the dining area will have to be included if alcohol is to be served there. He stated this would have to be modified in the application at the Board of Selectmen’s office.
Selectman Parola discussed TIPS training for those serving alcohol. Ms. McCullough stated the typical age of her guests is 40-70, but she understands if there is a liquor license, she will have to serve the public.
Selectman Pillsbury asked re: the porch off the dining room. She stated this porch must be added to the application plans. She stated since this porch is not enclosed, it might pose a problem for neighbors. Ms. McCullough discussed the porch to be used that faces the beach & she does not feel this porch will cause a disturbance.
Chairman Tropeano asked if anyone present wished to speak for or against the application.
Present before the Board: Dominic Texiera, 5 South Blvd.
Mr. Texiera submitted a petition w/ 19 signatures against the application(s) & submitted sketches to the Board. He stated one sketch shows the proximity of his house to the inn. He stated another sketch shows the common driveway shared by the inn & his property. He stated that his bedroom & living room faces the inn. He stated there is approx. 55 ft. from his front door to the inn’s front door. He stated another sketch shows the side elevation of his property. He stated that three years ago he enlarged his bedroom on one side to get quieter. He stated now the inn is proposing to add a liquor license. He expressed concern re: noose after guests/patrons leave the establishment & go outside. He added that there is not ample parking in
this area. Ms. McCullough stated there is no off street parking.
Mr. Texiera asked if the inn could limit drinks to patrons. Chairman Tropeano stated, “Yes”.
Mr. Texiera stated after patrons leave the inn there is no control over them. He stated he has had to contend w/ noise in this area for 19 years & it is mostly a residential area.
Mr. Texiera expressed concern re: if Ms. McCullough sells the property the liquor license would go w/ it. Chairman Tropeano stated if this happens, there would have to be a transfer of license hearing.
Mr. Texiera stated if the inn becomes a lucrative drinking place, it will continue. He feels there will be more noise than there is now & this will decrease the value of his property. He feels the inn should stay as a bed & breakfast establishment.
Selectman Parola discussed the petition submitted. She stated there are people from South Blvd. & Prospect St. that signed the petition, but there is no reason for the petition stated on the petition. Mr. Texiera stated the petitioners feel the liquor license would be detrimental to the neighborhood.
Ms. McCullough stated Mr. Texiera has legitimate concerns & she doesn’t want these problems either. She stated she doesn’t want noise. She stated after listening to this discussion, she is thinking of changing the exit area from the inn to only the front of the inn onto South Blvd., not the side exit.
Mr. Texiera stated he doesn’t want a drinking establishment next to him.
Present before the Board: Liz Gerald
Ms. Gerald asked re: the hours for entertainment, which are 12:00 noon to 10:00 P.M. Friday through Saturday. She asked why these hours are so long. She stated the inn looks right into her backyard. She stated the previous inn’s owners created noise, loud parties, etc. She stated if this license is for every weekend she expressed concern over the entertainment license. Mr. Withiam stated that the hours are extended so that the opportunity/option is there for entertainment. He stated that entertainment won’t be playing for all those hours & the music, if any, will be inside the inn. Selectman Parola explained the entertainment application procedure & the specifics that need to be included. Ms. Gerald stated she doesn’t want a concert scene on
the property.
Present before the Board: Shirl Johnson
Ms. Johnson asked if the intended recipients of the entertainment & liquor licenses are for the guests of the inn or the general public. Ms. McCullough stated if she receives a liquor license, she is required to serve the public as well. She expressed concern over this & stated her original intention was to only serve her guests & their friends. She stated this is why she has submitted a list of conditions to help alleviate any potential problems & dissuade any problems from arising.
Ms. Johnson expressed concern re: parking & having the public go down this stretch & parking their cars. She discussed safety issues re: the street & the possibility of safety vehicles not being able to get down the street. Mr. Withiam stated after 4:00 P.M., parking becomes more available on South Blvd. He added that there would be an occupancy permit for the inn, so the inn can only allow so many people onto the premises.
Present before the Board: Sandra Besse
Ms. Besse stated over the years, Onset has fought to improve its image in the village & helping businesses get established. She feels Ms. McCullough has done a magnificent job at the inn. She stated there are now seven inns in this area & this is the vision the village had. She stated parking has always been a problem in Onset & Ms. McCullough’s business is the type that the village encourages. She feels Ms. McCullough will do as she says she will do.
Present before the Board: Martha MaQuire
Ms. MaQuire stated she is not concerned re: the license(s). She stated she welcomes the inn & wishes Ms. McCullough the best.
Present before the Board: John White
Mr. White agrees w/ Ms. Besse’s comments & feels this inn is one more notch in the progress for Onset & he encourages the business.
Discussion ensued re: light fare & what would be required under the liquor license.
Selectman Fernandes-Abbott asked what the actual occupancy capacity is for the inn. Ms. McCullough stated she doesn’t know, but she will find out from the Fire Dept.
MOTION: Selectman Sauvageau moved to close the hearing. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Selectman Sauvageau feels there is always tension between abutters of any existing business & abutters have their right to express their concerns & enjoy their property. He stated the business owner has a big responsibility to ensure the abutter’s rights.
Selectman Sauvageau discussed the Board’s obligations & responsibilities as regulators & to the interest of the community’s economy as well as the community’s vitality & diversity of businesses in Town.
Selectman Parola suggested that the motion(s) take into account all issues discussed & place conditions on the license(s).
Chairman Tropeano doesn’t feel there will be too many people off the street going to the inn for drinking. He feels it is an up-scale atmosphere for what most people would be looking for. He agreed w/ Ms. McCullough’s statement to have guests exit through the front door rather than the side door. He feels Ms. McCullough is sincere & will hold to her word.
Selectman Pillsbury asked re: the common driveway shared by the inn & Mr. Texiera, if there is a percentage shared by each, & if there is signage posted re: guest parking only, etc. Ms. McCullough stated she could post signage. Selectman Pillsbury stated there is a need to figure out a way to keep people from parking in Mr. Texiera’s portion of the driveway.
Selectman Pillsbury reminded the Board that once a liquor license is issued & should the owner decide to sell, a transfer of license will be conducted, but the new owner’s intentions may not be
the same as the original owner. She stated she could not hold a future board for any promises made (re: how the inn was supposed to operate). Brief discussion ensued.
Discussion ensued re: having a six-month courtesy review of the inn application.
Discussion ensued re: adding the porch to the plan located on the South Blvd. side.
MOTION: Selectman Sauvageau moved the Board approve the application of the Onset Village Inn, Inc., 11 South Boulevard, Onset, MA for a Seasonal Common Victualer All-Alcoholic Beverages License, under the provisions of Chapter 138 of the MA General Laws subject to the following conditions: 1) submission of green return receipts, 2) the entire first floor area be utilized as the proposed serving area excluding the kitchen & bathroom, 3) add the foyer & dining area to plan, 4) no alcoholic beverages outside the building, 5) receipt of CORI reports, & 6) TIPS training per the Board of Selectmen policy. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board approve the application of the Onset Village Inn, Inc., 11 South Boulevard, Onset, MA for a live entertainment & dancing on Sundays & weekdays license, under the provisions of Chapter 140 of the MA General Laws subject to the following conditions: 1) entertainment only to be held inside the inn, 2) 1-3 piece orchestra only, 3) acoustical music only, no amplification, & 4) entertainment hours to be added to application. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting proceeded w/ item VII. Business – A. Discuss Town Meeting Warrant articles.
Chairman Tropeano stated the only outstanding votes to be made are for the zoning articles & the Planning Board will be holding a public hearing on these this week. He stated the Board would vote on these articles on 10/25/04.
VIII. ADJOURNMENT
MOTION: Selectman Sauvageau moved at 8:30 P.M. to enter into Executive Session for the purpose of discussing litigation. Selectman Fernandes-Abbott seconded.
POLLED VOTE: Selectman Pillsbury – Yes
Selectman Tropeano – Yes
Selectman Sauvageau – Yes
Selectman Fernandes-Abbott – Yes
Selectman Parola – Yes
VOTE: Unanimous (5-0-0)
NOTE: Chairman Tropeano stated the Board would not be coming back into open session.
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on 11/16/04.
Attest: Bruce Sauvageau
Bruce Sauvageau, Clerk
BOARD OF SELECTMEN
Date signed: 11/16/04
Date copy sent to Wareham Free Library: 11/17/04
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