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1998-06-10WILLIAM F. TERRY, Chairman OLIVER T. COOK, Esq. GEORGE HELLER LICENSE BOARD CITY OF BEVERLY MASSACHUSETTS MINUTES - LICENSE BOARD - WEDNESDAY, JUNE 10, 1998 Meeting called to order at 6:00 p.m. Mr. Helter and Mr. Cook present. Mr. Cook introduced the Board. Continuation of the Public Hearing from June 4. 1. T.A.M.'s dba Timothy's Mr. Cook - Many had a chance to speak last week and we will allow anyone who wishes to speak as long as there is no repetition. Mr. Alexander - Neighbors concern with parking. Have spent time trying to address that concern: a. Mr. Hansbury has agreed to provide valet service .4 of a mile from the restaurant. b. Reached an agreement with John Nicholson at All Seasons. Mr. Nicholson to provide this side of his lot on an after hour basis, after 5:00 p.m., weekends and holidays, for parking. Lines actually in place. Minimum of 25 spaces. Letter from Mr. Nicholson read into record. There are also 9 spaces en Fayette Street on the street itself and is public parking. Mr. Alexander submitted additional green cards. Spoke to Mr. Murphy about deliveries. a. Deliveries will be required to be made in the morning. Across the street there is a loading zone. Will be made available for deliveries. Anyone to speak in favor of the application? None. Anyone to speak in opposition to the application? Minutes - June 10, 1998 Page 2 Peter Reilly - Board of Trustees - During the snow bans in the bad winters. Would Fayette Street be included in a ban? Snow ban is declared by the Chief of Police if a major storm is forecasted. What about parking at lunch? Luncheon parking will be less but we are starting out for dinner only. Will add lunch later if warranted. What about hours? We feel Mr. Murphy can keep things orderly. We are leery of a bar room. Leery of what might happen in the future. Mr. Alexander - Presently there is a bar. The focus was a bar. This is a new design. The bar is over to the side. 10 stools out of occupancy of 62. Smaller bar than is presently there. Focus is a restaurant with a lounge for waiting for dinner. Mr. Reilly - The opinion of most of the residents are very much opposed. Michelle Gordon - If the focus is on food, can we propose to have a beer and wine license with limited hours? Can we limit hours of operation? Elizabeth Southworth, lived there since 1989. Have called Police many times. The main two problems' are parking and hours of operation. I do not want to be woken up at 12:30-1:00. Have countless times seen personally drunk and disorderly conduct. If they are going to serve until 10:00-11:00 p.m., this a fairly civilized hour of operation. I have had problems with my parking space. Rocky Pinciaro, 100 Rantoul Street - Do you have any plans for entertainment? No. Dana Staples, 36 Pleasant Street - Aren't these licenses renewable? Yes. Can you not give them an opportunity to see what that they can do? Ruth Mark, 60 Rantoul Street - Fryolaters, venting system needs work. Currently they are vented to the right. Will there be Keno? No. Margaret Blotchef - How many feet to the Edwards School? Approximately 300-400 feet. Was the school notified? Yes. You talked about deliveries being made up and down Rantoul Street but we are not talking about up and down the Street. We are talking about deliveries every day in our neighborhood. Minutes - June 10, 1998 Page 3 Mr. Alexander - Deliveries will be every couple of weeks. Mr. Reilly - Request closing at 11:00. a beer and wine license. Request approve Mr. Cook - It is not our jurisdiction. Do not believe we can amend the application at this point. Mr. Alexander - Regarding the closing hours. We need to have every advantage we can. All restaurants in Beverly stay open until 1:00. We would like to be competitive. Mr. Cook - Everyone has had ample opportunity to expres~ themselves. Declare that the pros and cons of the hearing are closed. Mr. Heller - Considering the problems in the past I make a motion to grant the license to T.A.M. Inc. dba Timothy's Restaurant than 11:00 a.m. and close no later than 11:00 p.m. weekdays, Saturday and Sunday 12:00 Noon to 11:00 p.m. No application for entertainment for one year. Mr. Cook - Board thanks you for your participation. John Roccio - Mike's Place has been a bad scene for many years. Mr. Cook - In our files we want you to know that none has been shared with this Board. Have never received copies of Police Report except for two occasions we had disciplined them. If we had received these complaints we would have acted on them. There is a new regime with respect to the Police Department. Lt. Roccio will be the liaison. He is here this evening. If you contact us we will be responsive. Need to communicate. Parking is a problem we are terribly concerned about it. Glad parking had been addressed. Pleasantly surprised. Showed good faith procuring parking facilities. We feel that they have gone the extra mile. It would be unfair to transfer, saddle or link past problems to thi. particular application. We know all those have expressed a myriad of concerns. This application as represented, they will offer a first class eating establishment. Seating will be 62 people. Fortunate thing it is a small operation. Bar area 10 seats. No juke box, no entertainment, or pool tables. Board feels applicant is sincere as evidence by spending $50,000. Mr. Hansbury has spent $300,000 across the street. Minutes - June 10, 1998 Page 4 He has a tremendous interest. All these applicants are local. The applicant in our opinion should be given the opportunity to run a business. He is going to be a bug in a jar. You are going to be scrutinizing every move. They have indicated they want to be a good neighbor. Want to indicate that by MA State Law restaurants can be barred from serving at certain hours. May extend 8;00 a.m. to 2:00 a.m. This type of license normal operating hours are 8:00 a.m. to 1:00 a.m. They indicate they will be open 4:00 - 10:00 p.m. We are giving them statutory minimal hours by curtailing the hours. We are attempting to balance the neighbors rights with applicants right to do business. Matter will require a written opinion. Anyone has a right to appeal our actions within 5 days. Motion seconded by Mr. Cook - Motion carried 2-0. 2. Piccolo Panni - Invited in by the Board. Mrs. and Marleni Maestrangelo present. Mr. and Mr. Cook - You starting operating on January 9, 1998. Closed sometime in April? Yes. You are open every day for lunch and dinner? Yes. Lunch 11:30 - 2:30. Reopen for dinner from 5:00 - 11:00. You closedApril 28. Yes, temporarily. Sign said closed do to do remodeling. Were you doing any remodeling? No. What was the real reason you closed? Had to change cooks. Chef had personal problems. Could not find a replacement. Did you change the sign? April 28 closed didn't do any remodeling? Real reason for closing? We found cook. Will be reopening. When? We do not have a specific date. Cook was a partner. Did he invest in the business. No. You were running the business and he was doing the cooking? Yes. How was business? Some days good. It was alright. Right now we think if everything goes alright, we should open next week. Just so you know, we do not accept or allow pocket licenses. You.are holding a license and you are not operating. You are representing to us that three weeks, by July 1, that you will be open for business? Yes. You located a new cook. Are you going to do any remodeling? Do you have the business all lined up, wait staff? Marleni, you are the manager of record. There is one person in charge. How old are you? 21. When were you 217 September 15. As a condition of your license you became TIPS certified. Since the time are you continuing your schooling? Yes, school during the day at UNH. I'm a senior. Will graduate in December. Do you reside there. I commute. You go to school during the day. You are on the premises to supervise? Always back by dinner. Mother in charge when I am not there. Lt. Roccio - You are a commuter? Yes. Mr. Cook - Like to impress upon you I would indicate to you unless the restaurant gets reopened, the Board would consider canceling your license. First of all you should have informed us as the Local License Board that you were going to close. Board needs to know. We try to be accommodating but will not be taken advantage of. We will further indicate if you do not reopen or if you close again without notifying us, we will have a cancellation hearing. This is all by statute. Marleni - How long are we allowed to be closed. There is no specific time. We want you to be very clear if you do not reopen or if you should close again. We invited you in to find out what your plans are. It would be nice for you to call us when you are open. One day licenses - One day license for the Elder Hostel. Next meeting will be July 2 at 6:00 p.m. Meeting adjourned at 7:25 p.m. Respectfully submitted, lerk