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1997-06-12WILLIAM F. TERRY, Chairman OLIVER T. COOK, Esq. GEORGE HEI/FR LICENSE BOARD CITY OF BEVERLY MASSACHUSETTS MINUTES - BEVERLY LICENSE BOARD - JUNE 12, 1997 Meeting called to order at 6:10 p.m. Mr. Terry and Mr. Heller present. Mr. Cook absent. Mr. Terry reintroduced the Board and explained this meeting was continued from June 5, 1997, regarding two matters. 1. Season's Restaurant - Pledge of license to the Beverly Cooperative Bank. Paper work seems to be in order. It is the same as Kitty O'Shea's which was approved by the ABCC. Motion made and seconded to approve the pledge. Motion carried 2-0. 2. Application from Yanks, Inc. - Attorney Alexander present representing St. John's Episcopal Church. They are an abutter to this proposed liquor establishment. Letter read into the record in opposition to the granting of the license. He stated he wanted to emphasize that you could not find a worse location than right next tothe church. Until 1983 the law disallowed a license in such close proximity to a place of worship. It is now allowed. Impact of this change only occurs with a new license not for a transfer. The Church feels this is not an appropriate use. In order to locate a license at this address, use should be allowed but this location requires a subsequent decision of another Board. They would be seeking to use parking behind St. John's Way aka Converse Court. This is a very narrow access. Totally inappropriate for access to parking. Abuts directly the Church. Establishment would be sharing major and secondary access way as well as being an abutter. Reserve the right to comment further. Minutes - June 12, 1997 Page 2 The following communications were read into the record: Letter from Robert Blake expressing approval, supporting the effort. Letter from Joshua Anderson, 115 Hale Street, supporting the efforts of the Bergmans. Letter from John Murray strongly supporting the restaurant. Chairman Terry asked for comments from the audience - Benjamin Hoffman - along with several residents (petition) supporting the petition for the license. John Truesdale, Adeline Road - Member of St. John's Church - 65 years in Beverly Farms and a member of Church. Insufficient parking. Multiple turnover several times a day in order for it to succeed. We have a growing parish of 2,000 members, 400 families. Mr. Glovsky - In good faith we did meet with the Vestry of St. John's Church. Have been trying to deal with them and have dialogue. Only just heard the outcome of the vote. Most businesses do serve community larger than immediate neighborhood. The issue is with the applicant . They are good applicants. We have a responsibility to ZBA. Comment from landlord that there will be enough parking. Determined at different times of day. On Sunday and weeknights when the business would be primarily busy there is plenty of parking. Cannot sell the license, transfer would still be given the same scrutiny as the Bergmans. Would be well to wait until July until after the June 24 ZBA meeting. Would like an opportunity perhaps to respond to the legal issues. Do not feel it would have an adverse impact. Parking area will be well lighted, we'll pave it. Reserve an opportunity for rebuttal if I may. Mr. Terry - Board has 30 days in which to act. Mr. Glovsky - As applicants we could extend that time. Mr. Terry - Not sure whether we can do so. to parking is not within our purview. that into consideration. The objection We cannot take Minutes - June 12, 1997 Page 3 Mr. Terry - Other than noise and parking objections, is there anyone else who would like to speak. Paul Chasse - abutting neighbor in the rear of the building. Converse Court. Nice and quiet right now. Very concerned in that neighborhood. It's quiet and would like to keep it that way. Concerned with the increased activities. My daughter plays there. Wouldn't like to see it become very busy. Elizabeth Cantors - Echo what gentleman said regarding safety. Increased traffic and noise. Close proximity to the neighbors. Submitted a petition. Mark Young - St. John's Vestry - Important that a few of the issues be put in context. The Vestry has given consideration to all these issues. Has been open and extremely thoughtful. Vestry's position is extraordinary. Important to make sure what we have now and what will be in the future. This is our chance to be heard. Never again in the future, if a transfer would we be allowed to challenge this license again? Brief recess called at 6:47 p.m. Reconvened at 6:54 p.m. Mr. Terry - Any other opposition. Paul Weingartner - Everett Street - opposed. Wendy Drinkwater - Co-president of Farms-Prides Civic Association. Survey taken. What we were advised. 15% of the Farms and Prides residents think that this is good. Member of the church - Many think this could be a great amenity to the church. Please take into consideration our survey. Formal statement submitted. Phillip Thomason - Support this effort. revitalize. We need to Letter received in the mail from the Pruitts in favor of the restaurant. Julie Davidson, Beach Street - A parishioner of St. John's. Feel strong that this type of establishment would not be a detriment to what the Church is trying to accomplish. As a resident feel it will be someplace to go as a family to eat. Minutes - June-12, 1997 Page 4 Jack Murray - Strongly in support of the restaurant. His letter read into the record. Thomas Alexander - submitted a communication from Mrs. Updike, 675 Hale Street, voicing her opposition to granting the license. He also indicated that a vote should be taken by the Board as to whether it would be detrimental to the Church to grant the license. Tom Erickson, Hale Street - In support of the license. We as a family hope to support them in the community. Today have to go a substantial distance to go to dinner. Do not feel this would detrimental to children's education at the Church. It has an opportunity to benefit the entire community. Mr. Terry - Board needs to take a vote. First vote will be whether or not granting of application would be detrimental. Mr. Heller - Motion - Issuance of license would not be detrimental to the education activities of the Church. Mr. Terry - Difficult petition. This Board has granted licenses in the past. Many licenses have been given. There are many licenses in the City within the 500' limit. Motion seconded by Mr. Terry. Motion carried 2- 0. Mr. Heller - Motion - To approve the license for Yanks Inc. for an All Alcoholic Beverage License at 717 Hale Street with the stipulation that the license be for the inside of the building, not to include outside dining. No liquor to be served/sold outside the building. Mr. Terry - 1. Is there a license available? Yes. 2. Have applicants filed properly? Yes. 3. 3 Councilors have supported the granting of this license. This is a very difficult decision. Concerns expressed mostly heard for parking. Each Board is independent of each other. Function of this Board is such that we cannot get into personalities, feelings. We have to determine the public need and the public good. Is there a need for a restaurant in Beverly Farms. Noise argument is yet to be heard. Board can modify hours if noise becomes a problem. Minutes - June 12, 1997 Page 5 Question as to what happens in a transfer. Should the restaurant fail, there is no value to the license. Cannot be sold. Premises cannot be sold except by the owner. If restaurant failed they would have to come before the Board to transfer. I will be here to see that the Beverly Farms community is protected. This has been a difficult decision for the Board to make. Commend all of you for taking the time to come here. Motion seconded by Mr. Terry. Motion carried 2-0. Next meeting scheduled for July 10. Meeting adjourned at 7:22 p.m. Respectfully submitted,