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