MINUTES OF THE SPECIAL MEETING OF
THE CUMBERLAND BOARD OF LICENSE COMMISSIONERS

WEDNESDAY, AUGUST 18, 2021 AT 7:30 P.M.

VIRTUAL – OPEN SESSION

 

CALL TO ORDER

The meeting was called to order at 7:30p.m. by Chairman Metivier

Present in-person: Chairman Metivier, Commissioners Kinch, Magill, Shaw, Beaulieu, Schmitt and Bradley

 

ACCEPTANCE OF PREVIOUS MINUTES

A.  Acceptance of Minutes of the Regular Meeting of July 21, 2021

 

MOTION BY COMMISSIONER KINCH, SECONDED BY COMMISSIONER MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL.  VOTE 7/0. 

OLD BUSINESS

 

CLASS BNT LICENSE

1.   An application for a Class BNT license from Nellie’s Lounge, LLC d/b/a Nellie’s Lounge, 433 Broad Street  (tabled from July 21, 2021)

 

This application was pending TIPS certification, Insurance Certificate, BCI, final inspection by Fire and Building officials and approval from the DOH.

 

Applicant Anyeli Rivera was present to speak to her application.

 

Public hearing opened at 7:33pm.

 

Chairman Metivier asked if anyone wished to speak in favor or against.

 

Richard Bastien, 24 Millers Brook Drive, spoke as the owner of building on 421 Broad Street for 21 years. Has seen bars come and go at 433 Broad Street, and in the past there have been trash, parking issues and incidents.

 

 Cecilia Contreras, 18 Stuart Street, Pawtucket spoke as a friend of Miss Rivera, in favor of the application.

 

Joao Carvalho, 17 Vineyard Avenue, spoke in opposition. He had requested police incident records at the bar location from the past ten years. Solicitor Morris Salvatore confirmed she had received those records the previous day, consisting of brief summaries of 57 incidents in the past ten years.

 

Jose Perez spoke, as owner of 433 Broad Street for the last four years. For two of those years the bar has been closed. The current tenant should not be judged on past situations. Mr. Perez gave details on his ownership, repairs, ultimate effects of COVID -9 shutdown. The town has refused to allow him to put apartments in the building, claiming that the commercial zoning should be used as commercial. If they refuse residential and refuse the proposed commercial use with Ms. Rivera’s bar, what is he supposed to do with an empty property?

 

Commissioner Bradley confirmed with Mr. Perez that he had owned the previous liquor license and had closed due to the  COVID-19 pandemic. Mr. Bradley went on record that he had voted against abandoning the license during the pandemic.

 

Commissioner Beaulieu and Mayor Mutter briefly discussed possible means of mediation that might help working through issues with business owners.

 

Mayor Mutter – no we do not have an economic development director – that’s sometimes handled in the Planning

 

Joao Carvalho refuted some of Mr. Perez’s claims.

 

Ms. Rivera stated that going forward she would do her best to keep the area clean and keep strict hours for the business.

 

Public hearing closed at 8:03pm.

 

Commissioner Shaw congratulated Ms. Rivera for coming to Cumberland and agreed with her that she should not be judged based on past owners.

 

Commissioner Schmitt reiterated his previous argument that this BNT isn’t the appropriate license for this business; it should be a BV license.

 

Commissioner Metivier confirmed with the solicitor the state rules of the non-transferable licenses.

 

Commissioner Kinch verified what others have said about not penalizing Ms. Rivera due to the past transgressions of others. Discussion ensued about outdoor dining, regulating outdoor noise.

 

Commissioner Bradley asked the solicitor for clarification on the considerations in the BNT ordinance.

 

MOTION BY COMMISSIONER MAGILL TO APPROVE WITH A LIMIT OF 9:00PM FOR OUTDOOR DINING. MOTION NOT SECONDED

 

MOTION BY COMMISSIONER SHAW, SECONDED BY COMMISSIONER KINCH, TO AMEND THE LICENSE TO LIMIT OUTDOOR SEATING/DINING TO 9:00PM.

Discussion: Commissioner Shaw stated he was not in favor of any amendments as they shouldn’t impose restrictions off the bat and not get the same opportunity as anyone else. Motion and second rescinded

 

MOTION BY COMMISSIONER MAGILL, SECONDED BY COMMISSIONER SHAW, AND IT IS VOTED TO APPROVE THE LICENSE AS PRESENTED BY A ROLL CALL.  MOTION PASSED.
VOTE 6/1. 
Nay: Commissioner Schmitt

 

NEW BUSINESS

TEMPORARY OUTDOOR SERVING OF ALCOHOL

1.   An application for a Class F1 license from Our Lady of Fatima Church for Our Lady of Fatima Annual Feast located at 1 Fatima Drive, to be held on Friday and Saturday, September 3^rd and 4th, 2021, from 4:00pm – 12:00am and Sunday, September 5, 2021, from 12:00pm to 10:00pm.

Pending promoter’s permit.

 

Applicant Dora Fino co-president of the annual feast was present via Zoom to speak to her application.

 

Chairman Metivier asked if anyone wished to speak in favor or against.

 

MOTION BY COMMISSIONER KINCH, SECONDED BY COMMISSIONER MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL.  VOTE 7/0. 

 

CLASS F1 LICENSE

1.   An application from Trinity Brewhouse, 186 Fountain Street, Providence for a Class F license for Community Food Truck & Music events located at Diamond Hill Park on October 1^st from 4:30pm– 7:30pm with a rain date of October 8^th, and on October 30^th from 4:30pm – 7:30pm with a rain date of October 31^st, 2021.

Recreation Director Mike Crawley was present to speak to the application. People with alcoholic beverages must stay in a designated area.

 

Chairman Metivier asked if anyone wished to speak in favor or against.

 

MOTION BY COMMISSIONER KINCH, SECONDED BY COMMISSIONER MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL.  VOTE 7/0. 

 

2.   An application for a Class F1 license from the Cumberland Beagle Club for their Steak and Cigar fundraiser to benefit Scout Troop 1 Diamond Hill on September 11, 2021 from 3:00pm – 7:00pm, located at 425 Nate Whipple Highway

 

Applicant Fred Lermer, 2970 Mendon Road was present to speak to the application.

 

Chairman Metivier asked if anyone wished to speak in favor or against.

 

MOTION BY COMMISSIONER BEAULIEU, SECONDED BY COMMISSIONER SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL.  VOTE 7/0. 

 

3.   An application for a Class F1 license from the Cumberland Beagle Club for their Annual Game Dinner on September 19, 2021 from 1:00pm – 5:00pm, located at 425 Nate Whipple Highway

 

Applicant Fred Lermer was present to speak to his application. He spoke to the Club’s cleaning processes during the COVID pandemic.

 

Chairman Metivier asked if anyone wished to speak in favor or against.

 

MOTION BY COMMISSIONER BEAULIEU, SECONDED BY COMMISSIONER SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL.  VOTE 7/0. 

 

PUBLIC COMMENTS

There were none.

 

ADJOURNMENT

 

MOTION BY COMMISSIONER SHAW, SECONDED BY COMMISSIONER KINCH, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:35P.M. BY A ROLL CALL.  VOTE 7/0.    

 

 

______________________________________
             Sandra M. Giovanelli, Town Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FOR A FULL ACCOUNT OF THIS MEETING PLEASE REFER TO THE VIDEO RECORDING ACCESSIBLE ON THE TOWN’S WEBSITE, www.cumberlandri.org.
ADDITIONALLY, THE DVD OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY.