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

WEDNESDAY, APRIL 19, 2023 AT 7:30P.M.

CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND

CALL TO ORDER

The meeting was called to order at 7:31p.m. by Chairman Metivier

 

Present: Commissioners Kinch, Metivier Bradley, Shaw, Magill, Schmitt and Beaulieu

 

ACCEPTANCE OF PREVIOUS MINUTES

A.  Acceptance of Minutes of the special meeting of April 5, 2023.

 

MOTION BY COMMISSIONER KINCH, SECONDED BY COMMISSIONER SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

OLD BUSINESS  

A.  CLASS BNT LICENSE

1.   An application for a Class BNT License from Trilogy Bar & Grill Corporation, d/b/a Trilogy Bar & Grill, located at 422 High Street

 

Chairman Metivier states the application is pending clearance from Division of Taxation, permit to make sales, fire and building approval. 

 

For the record, I met with Deputy Police Chief Alves yesterday regarding the outdoor seating, and he submitted a letter this afternoon expressing his concerns and objection to the outdoor seating based on basically three criteria. One being their proximity to the neighbors, one being no direct access to the outdoor seating from inside, and the fact that it would reduce parking.  For those reasons he is in favor of the indoor liquor license, but not the outdoor.

 

Public hearing opened at 7:32pm

 

Owner Julian Segura was present.

 

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

 

The following residents spoke against the outdoor seating aspect of the business due to the proximity to the neighbors and the potential noise.

 

 

Robert Goyette, 32 Pleasant Street, states they have on going issues with parking in this area, and is opposed because the approval of the outdoor seating will only add to that issue.

 

Tony Sousa, 48 Howe Street, also owns 416 High Street next door to the proposed location.  He is opposed to this in general due to noise, trash, outdoor smoking and parking the business brings to the neighborhood and its tenants.

 

Beatrice Girard, 26 Smith Street, Lincoln spoke in favor claiming more businesses will bring more benefits to the town so it can do better.  What the business will pay in property taxes, business taxes are going to help.  This is going to be a different type of business; it's going to be decent and it's not going to be disturbing any tenants.

 

Public hearing closed at 7:37pm

 

Julian Segura gave some personal background.  He explained that he wants to invest in this town and open a sport bar with a relaxed atmosphere where people can enjoy different sports with good food and drinks. He claims he has heard about the past issues with noise, but he believes he can control that.  If he must, he will hire some security guards to temper it on the weekends if it is an issue.  After hearing the concerns with outdoor seating, he agreed to eliminate outdoor seating.  The hours of operation will be 11:00am to 1:00pm.

 

Chairman Metivier asks the Mr. Segura if he has been in the bar business previously.

 

Mr. Segura - I worked as a manager previously for one year and believe I can control those difficult situations mentioned.  I also had a similar business in Colombia. 

 

Chairman Metivier I wanted to make sure that you're familiar with some of the complaints that the neighbors mentioned.

 

Mr. Segura - I understand the concerns and plan to control everything mentioned. I will hire the services of different companies to correct any issues. 

 

Chairman Metivier asks Mr. Segura if he aware the police department and neighbors are not in favor of the outdoor seating. 

 

Mr. Segura – Yes, I am aware, and am agreeable with not moving forward with the proposed outdoor seating. 

 

Solicitor Salvatore suggested they make their motion subject to a revised plot plan without the outdoor seating. 

 

Beatrice Girard clarifies that Mr. Segura has bar experience as he owns a bar in Central Fall that you can visit, it's called La Cantina located on Dexter Street, and managed another bar in Central Falls for a year.  He has been in the business for 22 years.  She has never known anyone his age with the management experience that have so much control on the people coming in.  For those reasons, I am very confident that he's going to do well, and he will know how to manage the issues

of concern.  He is no longer asking for approval for outside seating.

 

Chairman Metivier asks how many residential units are on the second floor.

 

Ms. Girard – there are two.

 

Chairman Metivier notes the hearing has been closed, but there are more abutters wishing to speak. 

 

Solicitor Salvatore advises re-opening the hearing, hear the comments, and close the hearing again.

 

 

Public hearing is reopened at 7:48p.m.

 

Mr. Sousa - how many businesses like this open are allowed to be open until 1:00 in the morning in Cumberland? I have experience with Lusitana Club, they are only allowed to be open until twelve.   If they are allowed to be open to 1:00am, by the time they get out of there it'll be 2:00a.m.  Businesses like this located in neighborhoods should not be allowed to be open that late. 

 

Anne Marie Daly 21 Pleasant Street - I just want to say that there's no way at all that outdoor seating is a good idea.  I've lived here for 27 years it's always been a bar and it wasn't ever a problem like it is now.  I've seen approximately 3 different businesses in my time here, and it's always a disaster.  People are going to get out of order and be loud.  The patrons walk back and forth from the other bars on High Street and Broad Street using Pleasant Street as a cut through which they urinate all along the street making noise as they go along.  These people are loud when they're leaving the bar and they're hanging around in the parking lot never mind adding outdoor seating.  Another thing is it adds to the already existing parking issues in the area.  Parking is limited so the use the off-street parking most neighbors need because their properties do not have driveways.   

 

Jeremiah Daly 21 Pleasant Street – My wife has just spoken, and I agree it's not a great idea that that bar be there.  Even though if they may close at 12pm or 1am, they don't leave until 2a.m.  They linger in the parking lot talking.  I get up at 4am every morning so I hear everything that goes on in my backyard.  It's not an ideal situation for us and I'm not looking forward to it. Maybe it won't come to fruition, but it's not a good idea. The parking is a problem because if they cannot park in their lot or High Street they park on the side streets and sometime on both sides of the road making it a hazard to travel on. 

 

Councilor Shaw reiterates that the outdoor seating is not up for discussion; that's off the table.  When discussing bars in this town, there's always been the last previous owners' experiences.  As a board we hope new owners want to come to town and invest because we don't need vacant buildings. Nonetheless, new owners want to succeed so we can only hope and encourage that they do right by not only the neighbors, but the town and the surroundings. There are ordinances that protect the neighbors right to your own sanctity of owning a home in the town.  As neighbors, if there is noise or other issues you must report it to the Police Department.  They will come out and document it. Then after a certain point, if it becomes excessive, as a Board we can call the owners in and hold them accountable. However, to not approve the license to a potential business owner would not be prudent for us because we're not giving them the chance. We have to hold them accountable if they're not holding up their end of the bargain.  So as residents, please communicate with the business owner and please have an open mind when doing this. We get that this is a very congestive part of town, however, I think that if we don't see past the past, we can never move forward. I think that this person has the right to prove everybody right or be thankful that we gave him the opportunity by showing that he can run and operate a business. Now, the fact that you had, brought up the parking and the flooding and the stuff like that, I'm sure he's going to want to fix that because it's his property that he owns now and he's not going to want to walk out and deal with that stuff. But again, this is something that he is hearing now and taking it all in. He's got a lot of things to fix and ask that like any other proposal of licenses that we give him a chance and we're just hopeful.

 

Lisa Gonzalez 414 High Street – I was against the outdoor dining, but I believe it's been confirmed and verified that it's not going through.  I live right next door and I think 1am closing time might be a little pushing it, but like you said, let's give it a chance that's what I'll do.  

 

Public Hearing closed at 8:07p.m.

 

MOTION BY COMMISSIONER MAGILL, SECONDED BY COMMISSIONER SHAW, AND IT IS VOTED TO APPROVE INDOOR SERVING ONLY SUBJECT TO A REVISED PLOT PLAN, FIRE AND BUILDING APPROVAL.  VOTE 6/1.

Nay: Councilor Schmitt

 

 

PUBLIC COMMENTS

There were none.

 

ADJOURNMENT

MOTION BY COMMISSIONER SHAW, SECONDED BY COMMISSIONER KINCH, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:08P.M.  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.