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HomeMy Public PortalAboutLicensing Minutes 5-18-17 Licensing Board TOWN OF WATERTOWN ADMINISTRATION BUILDING 149 Main Street Watertown, Massachusetts 02472 TEL. (617) 972-6486 FAX (617) 972-6595 BOARD MEMBERS DONNA B. DOUCETTE GEORGE B. NEWMAN STEVN W. AYLWARD ALTERNATE MEMBER SANDRA KASABIAN HOFFMAN Minutes May 18, 2017 ACCEPTANCE OF MINUTES SPECIAL LICENSES: • ACEC 47 Nichols Ave Approved 3-0 June 24, 2017: One Day All Alcohol License • HOMENETMEN INC. 47 Nichols Ave Approved 3-0 May 20,2017: One Day All Alcohol License • SONS OF ITALY/BIKE RUN 520 Pleasant Street Approved 3-0 June 4, 2017: Bike Run • ST.JAMES ARMENIAN CHURCH 465 Mt. Auburn Street Approved 3-0 Carnival/Festival/Entertainment, June 11, 2017 Special Alcohol License June 11, 2017 Block Party/Street Closing June 11, 2017 1. Sunoco LLC, KE Andrews & Co Approved 3-0 170 Galen Street Amending License for Storage of Inflammables 2. Watertown Yacht Club, Inc. Approved 3-0 425 Charles River Road Change of Officers 3. Linda L. Depasquale d/b/a Cugini’s Market Approved 3-0 129 Waltham Street New Common Victualler License 4. Ritcey East LLC, Approved 3-0 208 Waverley Ave Transfer of All Alcohol Common Victualler License 5. Yere 1, Inc. d/b/a Yere 1 Restaurant Continued to July 20, 2017 6 Bigelow Ave. Transfer of All Alcohol Common Victualler 6. New Salts, Inc. d/b/a La Bodega by salts Continued to June 15,2017 61 Prichard Avenue, No. 1 Status Hearing 7. Greek Orthodox Church Taxiarche Letter of Warning 25 Bigelow Avenue Show Cause Shuttle/Jitney Renewals Expires 4/30 1 vehicle Approved 3-0 • The Escort Limousine Corporation d/b/a Escort Limousine & Atlantic Coach Spring Renewals • 3 Second-Hand Dealer License expires 6/1 1 Closed (Game Stop) Approved 3-0 • 51 Auto Repair License expires 6/1 1 Closed(Midas) Approved 3-0 • 11 Open-Air Parking Space License expires 5/31 Approved 3-0 • 2 Letting out of Motor Vehicles License expires 6/1 Approved 3-0 Donna B. Doucette, Chairman Present: Donna B. Doucette, George Newman, Steve Aylward Sunoco, LLC c/o KE Andrews & Co. 1900 Dalrock Road Rowlett, TX 75088 The Watertown Licensing Board met to consider the application of Sunoco, LLC c/o KE Andrews & Co. for a modification of its inflammables storage license exercised at 170 Galen Street. Mr. Alan Micale of Ayoub Engineering, Inc. appeared in support of the application Mr. Micale stated that the applicant has held a license for several years, for three underground storage tanks with a total capacity of 18,000 – three 6,000 gallon tanks. He explained that the Commonwealth of Massachusetts is requiring removal and closure, or replacement, of existing single-walled steel underground storage tanks. The three tanks will be replaced with one 20,000 gallon double-walled fiberglass tank. Mr. Micale stated that the replacement project will take approximately three to four weeks, and will include new gasoline pumps and a new pump island canopy. Three existing above ground tanks will remain in place (280 gallon heating oil, 250 gallon oil, and 240 gallon waste oil). Sgt. Grady stated that the Police Department had no objection to the requested modification, but requested that the condition no. 1 stated below be imposed. The Fire Department reported no objection to the increased storage quantity, and the Health Department reported that the applicant will require a hazardous materials permit from the department The Licensing Board voted unanimously to grant the requested modification, to permit additional storage, for a total of 20,000 gallons in one underground tank, subject to the following conditions: 1. All deliveries to the site shall be made on the property, not the street, so as to allow for continued pedestrian travel. 2. The applicant shall obtain a hazardous materials permit from the Health Department. Watertown Yacht Club, Inc. 425 Charles River Road Watertown, MA 02472 The Watertown Licensing Board met to consider the application of Watertown Yacht Club for approval of a change of officers/directors. Ralph Levy, corporate secretary, and Paul Dubiel, manager, appeared in support of the application. Mr. Levy explained that two new members of the board of directors take office each year, and the past commodore returns to a position on the board. The majority of the officers and board members remain each year. Current members of the board of directors are Thomas R. Vasquez, Kirk D. Kasoustian, Paul P. Dubiel, Paul V. DuBiel, Jr., and Douglas F. Blanchard. Sgt. Grady reported that the Police Department had no objection to the change of officers/directors. The Licensing Board voted unanimously to approve the change of officers and directors, as follows: Francis R. Pisano – president, Thomas G. Osler – treasurer, Joseph L. Connors and Peter P. Graham – vice president, and Ralph B. Levy – clerk, and the directors listed below, all with terms running until December 14, 2017, except for directors Paul v. DuBiel, Jr. and Douglas F. Blanchard, whose terms run until December 13, 2018. Linda L. DePasquale d/b/a Cugini’s Market 30 Wildwood Avenue Newton, MA 02460 The Watertown Licensing Board met to consider the application of Linda L. DePasquale d/b/a Cugini’s Market for a common victualler license to be exercised at 129 Waltham Street. Linda DePasquale, her husband Anthony, and Maria DePasquale, manager appeared in support of the application. Mrs. DePasquale stated she had opened a site in Newton last year. She proposes to offer a deli-style restaurant with convenience store items for purchase. The restaurant will serve breakfast and lunch, and prepared dinners – mostly for take-out. Two residents of Waltham Street commented on the application. Mr. Paul Berube stated that the proposed hours of 6:00 a.m. to 10:00 p.m. were unreasonable, and expressed concern regarding early morning parking of vehicles and trash build-up at the site. His neighbor at 137 Waltham Street noted that when a business previously operated at the site her driveway was frequently blocked by cars, and stated concerns about a rodent problem in the area and people congregating outside the building later in the evening. Mr. DePasquale responded that the plan for the restaurant was to open early, at 6:30, but stop service closer to 8:00 p.m. He added that the principals of the business would be present at the site and would speak to customers as necessary to address the neighbors’ concerns. The Planet Earth company will be retained for rodent control, and trash will be picked up during the daytime. Deliveries to the site will likely take place between 7:00 a.m. and 5:00 p.m. Morning deliveries would be mostly bread products. The Health Department reported that the applicant’s food service plan application is currently under review. The Zoning Enforcement Officer reported that the maximum number of seats/stools permitted for compliance with the Zoning Ordinance is eight. Sgt. Grady stated that the Police Department had no objection to the granting of the requested license, provided that the conditions stated below were imposed. The Licensing Board voted unanimously to grant the requested license, subject to the following conditions: 1. The description of the licensed premises shall be first floor of approximately 1,100 square feet, with front/rear entrances/exits with public bathroom, and 350 square feet of basement level storage. 2. Seating capacity shall be eight persons, as shown on the plans submitted (“Renovation & Alterations 129 Waltham Street, Watertown, MA 02472” dated April 2, 2016 by Ronald F. Jarek, Architect). 3. The hours of operation for service to the public shall be Sunday through Saturday 6:30 a.m. to 8:30 p.m. 4. There shall be no alcoholic beverages on the licensed premises. Ritcey East, LLC 1088 Chestnut Street Newton, MA 02464 The Watertown Licensing Board met to consider the application of Ritcey East, LLC for a transfer to it of the All Alcohol Common Victualler License held by Raider Tavern, Inc. d/b/a Raider Tavern for exercise at 208 Waverley Avenue. Attorney Bret Francis appeared in support of the application, together with Michaela Ritcey, manager Attorney Francis explained that Ms. Ritcey has experience from working at Ritcey’s Seafood restaurant in Waltham. Ms. Ritcey stated she began working as a server and in the kitchen in her teens. After college, she worked as a restaurant manager and bar manager with a number of restaurant groups. She is TIPS certified. The restaurant concept will be “upscale” street food. Ms. Ritcey plans to be on-site most of the time. For the first six months of operation only dinner will be served; then lunch service will be added. All front-of-the-house employees will be TIPS certified. A resident of an abutting property on Bradshaw Street noted the proximity of his house to the site. The Fire Department reported that a sign permit from the Building Department will be required, and the Health Department reported that the applicant must submit a plan review application to the department. Sgt. Grady stated that the Police Department had no objection to approval of the proposed transfer, provided that the conditions stated below were imposed. The Licensing Board voted unanimously to approve the transfer of the license, subject to the following conditions: 1. The hours of operation will be Monday through Saturday, 11:00 a.m. to 1:00 a.m. 2. The maximum seating capacity will be 55 persons, as shown on the plan submitted (annotated copy of sketch plan, sheet A-2, of Construction Design Services entitled “Proposed Renovations Raider Tavern 209 Waverley Ave. General Market 218 Waverley Ave, Watertown” dated 10-16-13). 3. The owner, manager, and all servers employed by the licensed establishment shall attend and successfully complete an alcohol awareness training program (e.g., TIPS) within 30 days of hire or expiration of certification. 4. Copies of all alcohol awareness training certifications shall be maintained by the licensee, reviewable upon request. Yere 1, Inc. d/b/a Yere 1 Restaurant 43 Rando Lane Waltham, MA 02451 The Watertown Licensing Board met to consider the application of Yere 1, Inc. d/b/a Yere 1 Restaurant for a transfer to it of the all alcohol common victualler license held by The Aegean Restaurant II d/b/a The Aegean Restaurant, the transferred license to be exercised at 6 Bigelow Avenue. At that time, Attorney Ken Leitner appeared on behalf of the applicant and requested leave to withdraw the application without prejudice in order to permit the filing of a revised application. He explained that the financing plan for the applicant’s purchase of the business is being modified to include the seller’s acceptance of a promissory note and a pledge of the license. Therefore, he stated, processing of the proposed transfer would be smoother if based on a revised application. Attorney Leitner confirmed that he had spoken to representatives of The Aegean Restaurant and that they were in agreement with the request, stating there was a handshake agreement to submit the new application in the next week. He added that the anticipated build-out period for the site is 45 days, so that a target opening would be mid-September, if approval is granted and work starts at the end of July. The Board voted unanimously to grant leave to withdraw the application. New Salts, Inc. d/b/a La Bodega by Salts 61 Prichard Avenue, No. 1 Somerville, MA 02144 The Watertown Licensing Board has continued the status hearing on the matter of the all alcohol common victualler license granted to New Salts, Inc. d/b/a La Bodega by Salts for exercise at 21 Nichols Avenue. The status hearing was opened on September 15, 2016, continued to October 20 and November 17, 2016, and further continued to January 19, March 16 and May 18, 2017. On May 18, Gabriel Bremer, manager, appeared on behalf of the licensee and reported that it had taken since the Board meeting of March 16 to put the new contracting team in place, but that work is now progressing at an appropriate pace. He stated he expected a restaurant opening by mid-August. He added that some of the prior work performed by the initial construction contractor will need to be re-done to address deficiencies. The continued hearing on this matter will be held on June 15, 2017 at 7:15 p.m. in the Philip Pane Hearing Room, Administration Building, 149 Main Street, Watertown, MA. Board of Trustees Greek Orthodox Church Taxiarchae 25 Bigelow Avenue Watertown, MA 02472 The Watertown Licensing Board held a show cause hearing concerning failure to comply with the Board’s Rules and Regulations regarding the application process for one-day alcohol licenses to be exercised at your premises at 25 Bigelow Avenue known as the Hellenic Cultural Center, including, in particular, the failure to submit applications in accordance with the applicable time requirements. Board chairman Doucette outlined the situation resulting in the show cause hearing as follows: in 2014, the Licensing Board communicated with function halls in Watertown regarding new regulations for one-day licenses, which were implemented in 2015. In 2016, the timeline for submittal of one-day license applications was revised to require submittal 45 days prior to the date of the Board hearing at which the application would be considered. Notice of the revision was sent to all function halls in the Town. However, on various occasions applications submitted on behalf of, or for events at, the Hellenic Center have not complied with the time requirements in the regulations. Costa Karageorgis, president and parish council member, and Costa Zahos, parishioner and board member, appeared on your behalf Mr. Karageorgis responded that he did not dispute what the chairman stated. He noted that Sean Yenowskas had been serving as function manager for the Hellenic Center, but that earlier in the year that arrangement had started to become a problem. Last month, the Center hired another function manager. Irene Cobb, the church’s administrative assistant who handled such duties for another church, will fill this role. Mr. Karageorgis stated that Mr. Yenowskas had been trusted too much; as a result, the Center is now putting in more controls to allow for review of proposed events and submittal of timely applications. The parish council meets every 2 to 3 weeks, less often in the summer, and Mr. Karageorgis stated that a master calendar will now be kept, with updates every 2 to 3 weeks. In response to questions from the Board, Mr. Karageorgis stated that Irene Cobb would be the person to sign contracts and act on behalf of the church regarding function hall events, and will update the parish council approximately every two weeks. Watertown residents Marilyn Devaney and Councilor Angeline Kounelis spoke in support of the church and spoke to the challenges facing churches in handling various tasks with fewer resources. Board members Newman and Aylward stated that the church was taking action in the right direction to address the situation. Mr. Aylward noted that Ms. Cobb should review the information packet that has been prepared by the Board’s clerk. Board chairman Doucette stated that the use of a caterer holding an alcohol service license issued by the Alcoholic Beverages Control Commission is an alternative to a special one-day license from the local licensing authority. The Licensing Board unanimously found that violation of the Board’s Rules and Regulations had occurred and voted to issue a letter of warning. This Notice of Decision will serve as that letter. Going forward, the Licensing Board will expect full compliance with its Rules and Regulations.