New Shoreham Town Council Meeting
Town Hall, Old Town Road
Monday, November 16, 2015
4:00 p.m.
Present: First Warden Kenneth C. Lacoste, Second Warden F. Norris Pike, Council members Mark Emmanuelle and Christopher Warfel. Also present were Town Manager Nancy Dodge, Town Solicitor Kathy Merolla and for the recording of minutes, Deputy Town Clerk Millicent McGinnes.
First Warden Lacoste called the meeting to order at 4:02 p.m.
Mr. Lacoste convened the Council as the Board of License Commissioners at 4:02 p.m. He noted that Councilor Warfel would be arriving late to the meeting, and some items require his attendance to act upon them.
Mr. Lacoste moved to amend the order of the agenda to address the following:
· The Hotel Manisses liquor license transfer application;
· The Hotel Manisses liquor license renewal application;
· The Narragansett Inn liquor license renewal application;
· The Oar liquor license renewal application; and
· Set Caps on Liquor Licenses
later in the meeting, after Councilor Warfel joins the meeting. Mr. Emmanuelle seconded the motion and it carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Mr. Lacoste explained that the Surf Hotel and the Old Island Pub are missing paperwork that would allow action on their liquor license renewal. Mr. Lacoste moved to continue the liquor license renewals of the Old Island Pub and the Surf Hotel and setting the liquor license caps to November 30, 2015 at 5:00 p.m. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Public Hearings
Public Hearing for Annual Beverage License Renewals
Mr. Emmanuelle stated that he sees over-serving as a problem and would like to see businesses do a better job. He noted the impact that over-serving has on the police, rescue and medical center. Additionally, he invited businesses to call the police for preventative action to avoid escalating problems.
Class A Beverage
MacLac Enterprises, Inc. Stock holders: Mark Helterline, Mary Jane Balser, d/b/a Block Island Grocery, Ocean Avenue
Mary Jane Balser was present representing MacLac Enterprises. Mr. Lacoste made a motion to renew a Class A Liquor License issued to MacLac Enterprises, Inc. d/b/a Block Island Grocery, pursuant to a site plan on file. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Redbird Liquor Store, Inc. Stockholder: Caroline Todd, d/b/a Redbird Liquor Store, Dodge Street
Carrie Todd was present representing Redbird Liquor Store, Inc. Mr. Lacoste moved to renew a Class A Liquor License issued to Red Bird Liquor Store, Inc. pursuant to a site plan on file. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Class BM Beverage
Sachem Holdings, Inc. Stockholder: Marc Scortino, d/b/a Mohegan Café, Water Street
Marc Scortino was present to represent Sachem Holdings, Inc. Mr. Lacoste moved to renew a Class BM Liquor License issued to Sachem Holdings, Inc. d/b/a the Mohegan Café, pursuant to a site plan on file and to grant permission to remain closed from December 1, 2015 to March 10, 2016 and October 31, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Class BVL Beverage
Bethany Campbell Coviello, d/b/a Bethany’s Airport Diner, Center Road
Bethany Campbell Coviello was present. Mr. Lacoste moved to renew a Class BVL Liquor License issued to Bethany Campbell Coviello d/b/a Bethany’s Airport Diner, pursuant to a site plan on file, pending receipt of a Certificate of Good Standing from the Division of Taxation, and to grant permission to remain closed from February 1, 2016 to February 28, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Pizza Plus of Block Island, Inc. Stockholder: James R. McElderry, d/b/a Papa’s Pizzeria, Corn Neck Road
Ed McGovern was present representing Pizza Plus of Block Island, Inc. Mr. Lacoste moved to renew a Class BVL Liquor License issued to Pizza Plus of Block Island, Inc. d/b/a Papa’s Pizza, pursuant to a site plan on file and to grant permission to remain closed from December 1, 2015 to April 30, 2016 and October 15, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Class BV Beverage
Rita Draper, d/b/a 1661 Inn, Spring Street
Rita Draper was present. Mr. Lacoste moved to renew a Class BV Liquor License issued to Rita Draper d/b/a the 1661 Inn pursuant to a site plan on file, pending receipt of a Certificate of Good Standing from the Division of Taxation and to grant permission for dancing and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Aldo’s Place, Inc. Stockholders: Stephen E. & Anna R. Papa, d/b/a Aldo’s Restaurant and Pizza, Weldon’s Way
Steve Papa was present representing Aldo’s Place, Inc. Mr. Lacoste moved to renew a Class BV Liquor License issued to Aldo’s Place, Inc. d/b/a Aldo’s Restaurant and Pizza, pursuant to a site plan on file and to grant permission for dancing and to remain closed from December 1, 2015 to April 1, 2016 and from November 1, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
A.B.M., Inc. Stockholders: Bradford Marthens, d/b/a The Atlantic Inn, High Street
No one was present representing ABM, Inc. Mr. Lacoste moved to renew a Class BV Liquor License issued to ABM, Inc. d/b/a Atlantic Inn, pursuant to a site plan on file and to grant permission to remain closed from December 1, 2015 to May 1, 2016 and from November 1, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Shoreham, Inc. Stockholder: Marion Filippi, d/b/a Ballard’s Inn, Water Street
Steve Filippi was present representing Shoreham, Inc. Mr. Lacoste moved to renew a Class BV Liquor License issued to Shoreham, Inc. d/b/a Ballard’s Inn, pursuant to a site plan on file and to grant permission for dancing and to remain closed from December 1, 2015 to May 1, 2016 and from October 20, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike.
Before the motion was approved, Mr. Lacoste reviewed the police calls at Ballard’s, noting most of the calls were preventative in nature, with only 1 – 2 noise complaints. Mr. Filippi reported that they employee a third party security firm and also work closely with the Police Department.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Beachead II, LLC Members: Rebecca Pappas Clark & Timothy Clark d/b/a The Beachead, Corn Neck Road
Hannah Greenlee Martin was present representing Beachead II. Mr. Lacoste moved to renew a Class BV Liquor License issued to Beachead II, LLC d/b/a Beachead pursuant to a site plan on file and to grant permission for dancing and to remain closed from December 1, 2015 to May 1, 2016 and October 15, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
On-Island Entertainment Management, Inc. Stockholder: Marc Scortino, d/b/a Captain Nick’s, Ocean Avenue
Marc Scortino was present representing On-Island Entertainment Management, Inc. Mr. Lacoste moved to renew a Class BV Liquor License issued to On-Island Entertainment Management, Inc. d/b/a Captain Nick’s pursuant to a site plan on file, pending receipt of a Certificate of Good Standing from the Division of Taxation and to grant permission for dancing and to remain closed from December 1, 2015 to May 13, 2016 and from October 1, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Mr. Lacoste noted that owner and staff of Capt. Nick’s routinely make proactive calls to the NSPD.
Champlin’s Trader Vic’s, Inc. Stockholder: Joseph Grillo and Susan Grillo, d/b/a Champlin’s Trader Vic’s, Champlin’s Marina, West Side Road
No one was present representing Champlin’s Trader Vic’s. Mr. Lacoste moved to renew a Class BV Liquor License issued to Champlin’s Trader Vics, Inc. d/b/a Champlin’s Trader Vics pursuant to a site plan on file and to grant permission for dancing and to remain closed from December 1, 2015 to April 30, 2016 and from October 31, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Discussion ensued regarding the fact that there were noise complaints on file regarding the business. The Council expressed their disappointment that no one was in attendance to represent the establishment.
Share the Ride, LLC, Member: Gregory Kyte d/b/a Channel Marker, Corn Neck Road
Greg Kyte was present representing the Channel Marker. Mr. Lacoste moved to renew a Class BV Liquor License issued to Share the Ride, LLC d/b/a Channel Marker pursuant to a site plan on file, pending receipt of a Certificate of Good Standing from the Division of Taxation and to grant permission for dancing and to remain closed from December 1, 2015 to March 31, 2016 and from October 27, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Club Soda, Inc. Stockholders: Maxon Balmforth, Jr. & Glenn McKiernan, d/b/a Club Soda / Highview, Connecticut Avenue
No one was present representing Club Soda. Mr. Lacoste moved to renew a Class BV Liquor License issued to Club Soda, Inc. d/b/a Club Soda pursuant to a site plan on file, pending receipt of license, victualling and advertsing fees, the Finance Director’s release and a Certificate of Good Standing from the Division of Taxation and to grant permission for dancing and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
It was noted that there were fewer noise complaints at Club Soda than the previous year and the complaint on record was not reflective of the operation of the bar.
Island Caterers, Inc. Stockholders: John P. & Adam Wronowski, Est. of Burke & Patricia Hewitt, Raymond & Susan Linda, Thomas & Mary Ellen Tyrseck, d/b/a Dead Eye Dick’s Restaurant, Ocean Avenue
Jessica Wronowski was present to represent Island Caterers, Inc. Mr. Lacoste moved to renew a Class BV Liquor License issued to Island Caterers, Inc. d/b/a Dead Eye Dick’s Restaurant pursuant to a site plan on file and to grant permission for dancing and to remain closed from December 1, 2015 to May 15, 2016 and from September 25, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Eli’s Restaurant, Inc. Stockholders: Bradford G. Marthens & Edward Y. Moon, d/b/a Eli’s Restaurant, Chapel Street
No one was present representing Eli’s Restaurant. Mr. Lacoste moved to renew a Class BV Liquor License issued to Eli’s Restaurant pursuant to a site plan on file and to grant permission to remain closed from December 1, 2015 to March 1, 2016 and November 19, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Ernie’s Old Harbour Restaurant, Inc. Stockholders: Frederick & Deborah Howarth, F. Jason Howarth, d/b/a Finn’s Seafood Restaurant, Water Street
Mary Aubut was present representing Ernie’s Old Harbour Restaurant. Mr. Lacoste moved to renew a Class BV Liquor License issued to Ernie’s Old Harbor Restaurant, Inc. d/b/a Finn’s Seafood Restaurant pursuant to a site plan on file and to grant permission to remain closed from December 1, 2015 to May 27, 2016 and from October 11, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Royal Hospitality Group, Inc. Stockholder: Marc Scortino d/b/a Harbor Grill, Water Street
Marc Scortino was present representing Royal Hospitality Group. Mr. Lacoste moved to renew a Class BV Liquor License issued to Royal Hospitality Group, Inc. d/b/a the Harbor Grill pursuant to a site plan on file, pending receipt of a Certificate of Good Standing from the Division of Taxation and to grant permission to remain closed from December 1, 2015 to May 1, 2016 and from September 30, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Island Pond, Inc. Stockholders: Clif Payne & Edward Sands Payne, Ocean Avenue
Clif Payne was present representing Island Pond. Mr. Lacoste moved to renew a Class BV Liquor License issued to Island Pond pursuant to a site plan on file and to grant permission to remain closed from December 1, 2015 to June 10, 2016 and from September 25, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Cecil’s Black Rock Grille, LLC; Members: Kimberly & Norman Ward d/b/a Kimberly’s, Ocean Avenue
Kimberly Ward were present representing Kimberly’s. Mr. Lacoste moved to renew a Class BV Liquor License issued to Cecil’s Black Rock Grille, LLC d/b/a Kimberly’s pursuant to a site plan on file, pending receipt of Certificate of Good Standing from the Division of Taxation, and to grant permission to remain closed from December 1, 2015 to May 15, 2016 and from October 1, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Coastal Resorts International, Inc. Stockholders: Chris & Jackie Sereno, d/b/a The National Hotel, Water Street
Julie Fuller was present representing the National Hotel. Mr. Lacoste moved to renew a Class BV Liquor License issued to Coastal Resorts International, Inc. d/b/a the National Hotel pursuant to a site plan on file and to grant permission to remain closed from December 1, 2015 to May 12, 2016 and from September 25, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
3 Ayes (Lacoste, Pike, Emmanuelle) 0 Nays 1 Absent (Warfel)
Old Island Pub, LLC, Member: Lewis N. Gaffett, d/b/a Old Island Pub, Corn Neck Road
Action to continue this item to the November 30, 2015 meeting was taken at the beginning of the meeting.
Poor People’s Pub Block Island, Inc. Stockholders: James Keating, Brenna Audino and Ross Audino, d/b/a Poor People’s Pub, Ocean Avenue
Mr. Warfel joined the meeting at 4:34 p.m.
Brenna Audino was present to represent Poor People’s Pub. Mr. Lacoste moved to renew a Class BV Liquor License issued to Poor People’s Pub of Block Island, Inc. d/b/a Poor People’s Pub, pursuant to a site plan on file and to grant permission for dancing and to remain closed from December 1, 2015 to April 20, 2016 and October 13, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Island Entertainment, Inc. Stockholder: Frank DiBiase, Jr., d/b/a Spring House Hotel, Spring Street
Ashley Chiorgno was present representing Island Entertainment. Mr. Lacoste moved to renew a Class BV Liquor License issued to Island Entertainment, Inc. d/b/a Spring House Hotel pursuant to a site plan on file restricting liquor service in the “Barn” to time only when the restaurant in the hotel is closed and to grant permission for dancing, and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Bea’s Dream, Inc., Stockholder: Lorraine Y. Cyr, d/b/a Surf Hotel, Dodge Street
Action to continue this item to the November 30, 2015 meeting was taken at the beginning of the meeting.
Kamm Group, LLC, Membership: Block Island Sales Corp. d/b/a Yellow Kittens, Corn Neck Road
Kristin Kiley was present representing Block Island Sales Corp. Mr. Lacoste moved to renew a Class BV Liquor License issued to Kamm Group, LLC d/b/a Yellow Kittens pursuant to a site plan on file, pending receipt of a Certificate of Good Standing from the Division of Taxation and to grant permission for dancing and to remain closed from January 2, 2016 to March 11, 2016, and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. The motion was seconded by Mr. Pike and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
It was noted that owners and staff of Yellow Kittens routinely make proactive calls to the NSPD.
Steve Draper d/b/a Hotel Manisses, Spring Street
This item was not acted upon.
KSR Enterprises, LLC; Members: Rita & Steve Draper, d/b/a Narragansett Inn, Ocean Avenue
Mr. Pike recused himself, as his spouse is partial owner of the Narragansett Inn property.
Rita Draper was present representing KSR Enterprises. Mr. Lacoste moved to renew a Class BV Liquor License issued to KSR Enterprises, LLC d/b/a Narragansett Inn pursuant to a site plan on file, pending receipt of a Certificate of Good Standing from the Division of Taxation and to grant permission for dancing and to remain closed from December 1, 2015 to July 1, 2016 and September 1, 2016 to November 30, 2016, and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. Mr. Emmanuelle seconded and the motion carried.
3 Ayes (Lacoste, Warfel, Emmanuelle) 0 Nays 1 Recused (Pike)
Humphries, Inc. Stockholders: Justin Abrams, Steve & Rita Draper, d/b/a The Oar, West Side Road
Mr. Pike recused himself, as his spouse is partial owner of the Oar property.
Rita Draper was present representing Humphries, Inc. Mr. Lacoste moved to renew a Class BV Liquor License issued to Humphries, Inc. d/b/a the Oar, pursuant to a site plan on file and to grant permission for dancing and to remain closed from December 1, 2015 to June 1, 2016 and from September 15, 2016 to November 30, 2016 and to further require the correction of any fire code violations and that food be available at a sandwich level, as opposed to offering solely snack foods, during all times alcoholic beverages are sold. Mr. Emmanuelle seconded and the motion carried.
3 Ayes (Lacoste, Warfel, Emmanuelle) 0 Nays 1 Recused (Pike)
Public Hearing for Transfer of Class BV Liquor License :
Transfer from Steven Draper, d/b/a Hotel Manisses, Spring Street, Plat 7, Lot 27 to Manisses Restaurant, Inc., Stockholders: Steven C. Filippi and Blake A. Filippi d/b/a Manisses Restaurant, Spring Street, Plat 7, Lot 27
Mr. Pike returned to the table. Mr. Lacoste recused, as he is a direct abutter of the property.
No public comment was made and Mr. Pike moved to close the public hearing. The motion was seconded by Mr. Emmanuelle and carried.
3 Ayes (Pike, Warfel, Emmanuelle) 0 Nays 1 Recused (Lacoste)
Mr. Pike moved to grant a transfer of a Class BV liquor license from Steven Draper, d/b/a Hotel Manisses, Spring Street, Plat 7, Lot 27 to Manisses Restaurant, Inc., Stockholders: Steven C. Filippi and Blake A. Filippi d/b/a Manisses Restaurant, Spring Street, Plat 7, Lot 27, pending receipt of:
· Certificate Good Standing from the Rhode Island Division of Taxation
· Department of Health approval
· Rhode Island Retail Sales Permit
and to grant permission for dancing and to remain closed from Dec. 1, 2015 to May 1, 2016 and from Oct. 20, 2015 to Nov. 30, 2016.
Mr. Emmanuelle seconded and the motion carried.
3 Ayes (Pike, Warfel, Emmanuelle) 0 Nays 1 Recused (Lacoste)
Public Hearing for Transfer of Class BVL Liquor License – Stockholders only :
Transfer from Bethany Campbell Coviello, d/b/a Bethany’s Airport Diner, Center Road, Plat 17, Lot 1 to B.A.D.C.G, Inc., Stockholder: Bethany Campbell Coviello d/b/a Bethany’s Airport Diner, Center Road, Plat 17, Lot 1
Mr. Lacoste returned to the table.
Mr. Lacoste moved to grant a transfer of Class BVL liquor license from Bethany Campbell Coviello, d/b/a Bethany’s Airport Diner, Center Road, Plat 17, Lot 1 to B.A.D.C.G, Inc., Stockholder: Bethany Campbell Coviello d/b/a Bethany’s Airport Diner, Center Road, Plat 17, Lot 1, pending receipt of:
· Certificate Good Standing from the Rhode Island Division of Taxation
· Department of Health approval
The motion was seconded by Mr. Pike and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Public Hearing for New Class BVL Liquor License:
Rhode Island Seafood Enterprises, Inc., Stockholder: Matthew T. King, d/b/a Topside Cafe, Ocean Avenue, Plat 6, Lot 3-2-2
Kelly Walsh and Attorney Daniel Carter were present representing Rhode Island Seafood Enterprises, Inc. They explained that the business was interested in expanding the menu and the hours of operation – expanding into a light dinner fare with beer and wine. After questioned by Councilor Warfel they noted that they expected summer hours to be until 9:00 or 10:00 p.m. and they intended to remodel to allow for better restroom accessibility. A letter from applicant Matt King was read into the record (attached).
It was noted that a letter in opposition was received from abutter Kenneth Kroll dated 11/16/15 (attached). From the audience, Brenna Audino, co-owner of the Poor Peoples Pub located on the first floor of the building, questioned how the applicant would ensure no one would leave their establishment with open containers.
From the audience, Kimberly Ward and Lew Gaffett spoke in favor of granting the license.
Second Warden Pike stated that a license would enhance a nice spot. Councilor Emmanuelle stated that his goal is to lower the number of liquor licenses on the island and would not be voting in favor of the application. First Warden Lacoste explained that currently there is no Class BVL license available.
Mr. Pike moved to close the public hearing. Mr. Lacoste seconded the motion and it carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Mr. Lacoste moved to continue the decision to November 30, 2015. The motion was seconded by Mr. Pike and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Set Caps on Beverage Licenses
Action to continue this item to the November 30, 2015 meeting was taken at the beginning of the meeting.
Public Hearing for Extended Hours for the Sale of Alcoholic Beverages
Shoreham, Inc. Stockholder: Marion Filippi, d/b/a Ballard’s Inn, Water Street
Steve Filippi was present representing Shoreham, Inc.
With no public comment, Mr. Lacoste moved to close the public hearing. The motion was seconded by Mr. Pike and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Mr. Warfel moved to deny the application of Shoreham, Inc. and not allow extended hours for the sale of alcoholic beverages. The motion was seconded by Mr. Lacoste and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Public Hearing for Renewal of Outdoor Entertainment Licenses
Mr. Pike noted that the noise from the Poor Peoples Pub was outrageous. Mr. Warfel stated that the indoor and outdoor noise is out of control. He warned the owners of establishments to police the noise level. Mr. Lacoste concurred, noting all speakers should be aimed to the interior.
Mr. Pike recused himself, as his spouse is partial owner of the Oar and Narragansett Inn property.
Mr. Lacoste moved to renew the following outdoor entertainment licenses in accordance with the Town of New Shoreham ordinances and the applications on file:
Mr. Emmanuelle seconded the motion.
Mr. Emmanuelle stated that he wanted to hold the outdoor entertainment license of Trader Vic’s until someone was present from the establishment. He asked that the licenses be acted on individually. Mr. Lacoste withdrew his motion and Mr. Emmanuelle withdrew his second.
Attorney Merolla responded with a point of order – according to the ordinance, if the renewal is complete and timely filed by October 1st, applicants have to right for renewal.
The Council expressed that their tolerance for noise was very low and Show Cause hearings will be used for enforcement next year as necessary.
Mr. Emmanuelle moved to approve the following outdoor entertainment licenses:
with the warning that all businesses comply with the existing rules and regulations regarding the license in an attempt to lessen the number of complaints by abutters and the general public. Mr. Warfel seconded the motion and it carried.
3 Ayes (Lacoste, Warfel, Emmanuelle) 0 Nays 1 Recused (Pike)
Mr. Pike returned to the table.
Mr. Lacoste moved to renew the Outdoor Entertainment License of Bea’s Dream, Inc. d/b/a Surf Hotel, limiting the performance area to only the northeast portion of the East Porch (noted as G on the 9/20/12 site plan); the bridge deck (noted as L); the North Deck (noted as H); and the Patio/Lawn Seating area and to require that all amplification be directed away from the street. The motion was seconded by Mr. Pike and carried.
4 Ayes (Lacoste, Pike, Emmanuelle, Warfel) 0 Nays
Public Hearing for New Outdoor Entertainment License
Manisses Restaurant, Inc. d/b/a Manisses Restaurant, Plat 7, Lot 27. Spring Street
Mr. Lacoste recused, as he is a direct abutter of the property.
Steve Filippi, Blake Filippi and Attorney Erik Wallin were present representing Manisses Restaurant, Inc.
From the audience, the following abutters spoke in opposition to the application:
They expressed their concerns regarding the following: It is a residential area; noise is already excessive in the area; the site acts as an amphitheater, sending noise up and out to the neighborhood; more tables are proposed outside, exacerbating the noise; a new outside bar is proposed; and there will be increase traffic flow in the back of the building with the new back entrance.
Steve Filippi responded, noting the following: the Drapers held an outdoor entertainment license for the property and they are proposing no change in style or clientele from the Drapers operation before them; they are just redecorating; they have no vision to have a band; and they would only have outdoor entertainment for special events. Attorney Wallin added that it was the intent of the applicant to do exactly what was done before them.
Mr. Warfel expressed his concern over the proposed development plan which include an outside bar. He noted that increased bar space adds increased noise and the ordinance does not provide protection for the neighbors.
Attorney Wallin asked that the Board continue the application to the November 30, 2015 meeting to give the applicant time to prepare a plan to alleviate concerns.
Mr. Pike moved to continue the item to November 30, 2015. Mr. Emmanuelle seconded the motion and it carried.
3 Ayes (Pike, Warfel, Emmanuelle) 0 Nays 1 Recused (Lacoste)
Mr. Lacoste returned to the table.
With no further business to discuss, Mr. Lacoste made a motion to adjourn at 6:23 p.m. The motion was seconded by Mr. Warfel and carried unanimously.
Millicent McGinnes, MMC
Deputy Town Clerk
Approved: December 7, 2015