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18D-035 (14) 10. Application for Short Term Wine & Malt License Smith College Date: Tuesday, June 15, 1999 5:30 - 7:00 p.m. Event: All Campus Picnic Place: Athletic Fields (Rain site - Scott Gym) Betse Curtis was present on Smith's behalf. She explained that this is the annual all employee picnic with approximately 900 people attending. All servers are Sery-Safe certified. Ms. Levin moved to approve the license. Mr. Casale seconded the license and the vote to approve was unanimous. 11. Application for Short Term Wine & Malt License Words & Pictures Museum, 140 Main Street Date: June 26, 1999 7 - 9 p.m. Event: Artist Reception Phil Straub was present. The Commission expressed their condolences about the Museum's closing. Mr. Straub stated that this was the usual affair with members only attending. Service would be by a certified bartender. Mr. Casale moved to approve the license. Ms. Levin seconded the motion and the vote to approve was unanimous. There being no further business before the Commission, Mr. Casale moved to adjourn. Ms. Levin seconded the motion. Meeting adjourned at 5:01 p.m. 7 Commerce were present. Ms. Beck stated that The Depot would be the operator of the alcohol service tents. The Commission asked if any changes were contemplated in the placement of tents or in the method of service used in previous years. Mr. Pitoniak assured the Commission that the event was structured exactly the same. Mr. Casale then moved to approve the application for a short term Wine & Malt license to the Greater Northampton Chamber of Commerce upon receipt of the required insurance certificate. Ms. Levin seconded the motion and the vote to approve was unanimous. 8. REVIEW/DISCUSSION REGARDING SILENT CAL'S CAFE AND POLICE/CITIZEN COMPLAINTS Ms. Nanci Schwartz was present. The Commission thanked her for making the time to come to the Commission's meeting. They acknowledged the many letters she has sent regarding Silent Cal's excessive noise. She explained the many times she has called the Police and the times she has seen advertisements for bands that clearly fall outside their Weekday Entertainment license. Mr. Miranda stated that the normal course of events would require that the Police Department file a request for a violation hearing with the Commission. The Clerk indicated that Lt. Dunn has stated that a letter would be coming soon. Mr. Miranda explained the Commission's current policy regarding citizen complaints. Normally, any citizen complains to the Police Department. The police, as agents of the License Commission, investigate and, if they find cause, request a violation hearing or some other action before the Commission. If a citizen is not satisfied with the Police Department's action, the Commission will discuss and act upon citizen complaints only if the citizen appears before the Commission. However, it is the Commission's feeling that the Superior Court is a better forum for that type of complaint. This is because any action taken by the Commission will probably be appealed to the Superior Court by the "aggrieved" party anyway. It was decided that once the Police Department's letter was received, a letter would be sent to Silent Cal's along with a copy of the minutes as a reminder of what is and is not allowed on the premises. No formal action would be taken at this time. 9. DISCUSSION OF ABCC'S ENFORCEMENT INITIATIVE REGARDING UNDERAGE DRINKING PENALTIES A copy of the initiative paperwork was presented by the Clerk. The Commission suggested that a copy be sent to all license holders along with the renewal paperwork in November. 6 license was transferred and it doesn't make sense that someone can get anything more than what the transferor had to begin with which was a restricted license in this case. An opinion had been requested from Attorney Cook. His opinion was that there was no physical evidence that Pudding Lane could have known about the restrictions at the time of transfer and, therefore, cannot be held to them. If the actual license showing those restrictions could be produced or if the restrictions were discussed at the time of transfer, there would be an argument that Pudding Lane could be held to them. However, the restrictions were not discussed nor were they placed upon Form 43 at the time of transfer application to the A. B. C. C. Therefore, Pudding Lane received an unrestricted license at the time of transfer. Commissioners Miranda and Levin stated that they would go along with Attorney Cook's opinion at this time. It was noted, however, that Mr. Guerra should be very vigilant regarding noise problems in that location. He stated that he was keeping lines of communication open with the Condominium people and was closely monitoring the deck's noise levels at all times. C. New service bar/inventory on deck. A new service bar had been built into the deck and there is a question as to whether a new alteration application is necessary. After discussion, the Commission was comfortable with the fact that it will be used as a point of service for the deck area which is already licensed and is not a newly licensed area. A clarification was requested from the A. B. C. C. and if they feel an alteration application is necessary, one will be requested. Attorney DeFazio presented Kyle Gosselin to the Commission for consideration as the new corporate manager of Pudding Lane. He acknowledged that he did not file the change of manager application in time to be put on the agenda so he did not request a vote of approval. However, he just wanted to make introductions. The Commission asked Mr. Gosselin about his liquor service experience and the matter was scheduled for the July meeting. 4. APPLICATION FOR SHORT TERM WINE & MALT LICENSE GREATER NORTHAMPTON CHAMBER OF COMMERCE Event: Taste of Northampton Dates: August 12, 1999 - 11:30 a.m. - 10 p.m. August 13 and 14, 1999 - 11:30 a.m. - 11 p.m. August 15, 1999 - 11:30 a.m. - 6:00 p.m. Place: Armory Street Parking Lot Matt Pitoniak of The Depot and Suzanne Beck, Director of the Chamber of 5 ALCOHOL TRAINING PROGRAM - 7-ELEVEN'S "COME OF AGE" The Commission decided to put off a vote concerning this material until it could be reviewed by each Commissioner in turn. Mr. Miranda would review it and pass it on. Discussion would take place at next month's meeting. 7. DISCUSSION WITH PUDDING LANE, INC. REGARDING LICENSE ISSUES Attorney Joe DeFazio was present along with Mr. Claudio Guerra. The new proposed manager, Kyle Gosselin, was also present. This discussion was scheduled to clarify some issues that arose regarding noise, hours of operation on the deck and new features of the deck. The Commission received an informal complaint regarding noise and disturbances on the deck and in the parking lot late one night. When the site was informally inspected, there appeared to be some alterations to the deck which were not approved by the Commission. In addition, the previous owner had restrictions on the operation and use of the deck, limiting hours to 10 p. m. service with everyone off the deck by 11 p.m. The Commission requested an opinion from Asst. City Solicitor Joe Cook as to whether that restriction survived the transfer of license. A. New portions of deck. Attorney DeFazio and Mr. Guerra explained that the additions to the existing deck were merely a handicapped access ramp and small portions in front of the entrance to accommodate disabled persons and to "look better". The Commission was assured that there would be no additional seating placed on this portion, it was merely for convenience. The Commission, through discussion, felt comfortable that there was no attempt to "extend" the licensed premises and would not require Mr. Guerra to file an alteration of premise application. The Commission did inform Mr. Guerra and Mr. DeFazio that an opinion had been requested from the A. B. C. C. and if the A. B. C. C. felt differently, an application might be necessary. B. Did the limitation of operation on the deck under which Martini's operated "transfer" to Pudding Lane, Inc. at the time of transfer? There was considerable discussion regarding this matter. Attorney DeFazio was of the opinion that in order to limit and restrict hours, a public hearing with two week's written notice would have been required at the time of transfer. Since no such hearing took place, Pudding Lane received an unrestricted license for operation of the deck. Commissioners Miranda and Levin both noted that the 4 restrictions are set by the Building Commissioner by sq. footage. Now, Mr. Lewis's application plan shows the use of the front spaces at 32 Damon Road for display. There needs to be clarification for bDth licenses as to who gets to use those front spaces. In addition, the application would need to be modified to include those spaces at 32 Damon Road. Attorney Cook reported to the Commission through the Clerk that he spoke with Squash Automotive that morning and they acknowledged that they did not have the right to use the front spaces on their lot. Mr. Miranda stated that the Building Commissioner would need to be told of this and would need to set concrete parking/display restrictions for each license holder. C. There is not a signed dealership agreement. Mr. Lewis indicated that he could not get the signed agreement until the License Commission issued the license. The Clerk stated that we could not give the license until a signed dealership agreement was issued. The Commission made provision for a contingent license to be issued pending the receipt of the dealership agreement, if the license is approved. After discussion, Ms. Levin moved to approve the Class I Auto Dealer's license for Steve Lewis Subaru, Inc. contingent upon the following: 1. That a determination is made by the Building Commissioner concerning a limitation on the number of cars to be stored at the 120 Damon Road at any one time, said limitation to be put on the license. 2. That a determination is made by the Building Commissioner concerning the limitation on the number of spaces for parking/display of cars on the 32 and 48 Damon Road lots to be used by Steve Lewis Subaru, Inc. 3. That a determination is made by the Building Commissioner concerning the limitation on the number of spaces for parking/display of cars on the 32 Damon Road lot to be used by Squash Automotive d/b/a Cahillane Auto Body. 4. Receipt of the signed dealership agreement. Mr. Casale seconded the motion and the vote to approve with contingencies was unanimous. 6. REVIEW OF INFORMATIONAL MATERIAL REGARDING 3 and sole owner of the corporation, was also present. Mr. Burrows stated that Ms. Kaur was purchasing the license, that there would be a pledge of license back to Guru Ramdas, Inc. and that Ms. Kaur had taken the alcohol awareness training course some years ago but would be happy to take it again if the Commission felt it necessary. He stated that she has been working at her husband's restaurant, India Palace, since certification. Mr. Miranda asked to comment from the audience, either in support of the application or against the application. There was none. Some paperwork needed modification and Mr. Burrows indicated that he would provide a new resolution specifying the pledge. He also stated that he would provide a certified copy of the Articles of Organization once they are received back from the Secretary of State's office. After discussion, Mr. Casale moved to approve the application for transfer of license and pledge of license upon receipt of a corrected resolution and receipt of the stamped set of Articles of Organization of Khalsa, Inc. Ms. Levin seconded the motion and the vote approve transfer and pledge was unanimous (3 - 0). 5. APPLICATION FOR CLASS I AUTO DEALER LICENSE Steve Lewis Subaru, Inc. Address: 48 Damon Road Mr. Lewis was present along with the owner of the property, Mr. Cahillane. The Clerk indicated that there were several outstanding issues to be dealt with that had been raised by her and the Building Commissioner. A. The dealership franchise agreement states that 120 Damon Road will be used for storage. Where is that and has it been cleared by the Building Commissioner for zoning/allocation purposes? Mr. Lewis indicated that Asst. City Solicitor Joe Cook had contacted him about the problem and he presented a letter from Karol Drozdal stating that he had an agreement with Mr. Lewis to allow parking of cars on the rear of his property. He was advised to go see the Building Commissioner and file a zoning application form for that use of the property. The Commission did not have a problem with the concept as long as the Building Commissioner approves this use. The application,however, should be changed to reflect storage at this address. B. There is a question regarding the two contiguous lots at 32 and 48 Damon Road, both owned by Mr. Cahillane, and how they are apportioned to the two tenants. The License Commission has issued a Class II Auto Dealer License to Squash Automotive at 32 Damon Road and parking/display 2 9010 7{ti trOld'71V 11P-7 Q � $N01i SN{9tiltilltl8�0 ld 0 1 U 5,a �4,ORTHAMPTON LICENSE COMMISSIO V* JUNE 2, 1999 �� �- MINUTES PRESENT: THOMAS MIRANDA, CHAIR CHRISTOPHER CASALE, MEMBER STEPHANIE LEVIN, MEMBER (in at 3:08 for Item #3) Chairman Miranda opened the meeting at 3:05 p.m., explained that anyone could move forward to hear above the air conditioners and then proceeded to the first order of business. 1. APPROVAL OF MAY 5, 1999 MEETING MINUTES Mr. Casale moved to approve the minutes as written. Mr. Miranda seconded the motion and the vote to approve was unanimous. APPROVAL OF APRIL 7 MEETING MINUTES Mr. Casale moved to approve the April 7 minutes as written. Mr. Miranda seconded the motion and the vote to approve was unanimous. 2. APPLICATION FOR COMMON VICTUALER LICENSE Florence Subway, Timothy Lapinski, Owner 93 Main Street, Florence Mr. Lapinski was present and was welcomed to the City by the Commission. He indicated he had 18 seats within his establishment and needed a common vic for his business for that reason. Mr. Casale moved to approve the application. Mr. Miranda seconded the motion and the vote to approve was unanimous (2 - 0). 3. APPLICATION FOR TRANSFER OF PACKAGE GOODS LICENSE All Alcoholic Package Goods License From: Guru Ramdas, Inc. d/b/a Pleasant Street Liquors To: Khalsa, Inc. d/b/a Pleasant Street Liquors Mr. Miranda opened the hearing regarding the proposed transfer of license. Attorney Meade Burrows was present for the applicants. Ms. Manjit Kaur, the principal 1 10. Do any signs exist on the property? YES NO X IF YES,describe size,type and location: 916 # 6 —9v r ,4 S Are there any proposed changes to or additions of signs intended for the property?YES—)(--- NO IF YES,describe size,type and location: / '4 v AO-..- �� oil 4. yk)�J " � �,���°y 2" 11 . ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUB TO LACK OF INFORMATION. This columm to be filled in by the Building Department Required Existing Proposed By Zoning Lot size ?X 19AI Frontage Setbacks - side L: R: L: R: - rear Building height Bldg Square footage %Open Space: (Lot area minus bldg &paged parkin;f # of -Parking spaces ht of Loading Docks Fill: -(volume -& location) 13 . Certification: I hereby certify that the inf tion contained herein G is true and accurate to the best of my know DATE: - APPLICANT's SIGNATURE NOTE: Issuance of a zoning permit does not relieve an A 0440ant's burcte to comply with all zoning requirements and obtain all required permits from the Board o ealth. Conservation Commission. Department of Publio Works and other appiioable permit granting authorities. FILE # 6 Fi 1 e No.i'/ WWWUUU MAY t ONING PERMIT APPLICATION (§10 . 2) DEPT OF 8tf` If`d'p " gp� E TIONg PLEASE TYPE OR PRINT ALL INFORMATION Name of Applicant: 1. Nam pp Lf Address: LC Tv d Amok-'` �✓ Telephone: 713 2. Owner of Property: 'P/e iyill'/ %l#0 Address: '04 '6" b X I IL�U/� )&• Telephone:_ // v/e61 a6PY 3. Status of Applicant: Owner Contract Purchaser V/ Lessee Other(explain): l 4. Job Location: / 4 A'i'GyAI- Parcel Id: Zoning Map# /Zo Parcel# ` 1.� District(s): (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property�c�� 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): 7. Attached Plans: Sketch Plan Site Plan )1C, Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. S. Has a Special PermitNariance/Finding ever been issued for/on the site? NO DON'T KNOW YES ,[ IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES )4- IF YES: enter Book_ Page_ :L// and/or Document# 9. Does the site contain a brook, body of water or wetlands? NO X_ DON'T KNOW YES IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained ,date issued: (FORM CONTINUES ON OTHER SIDE) File#MP-1999-0123 APPLICANT/CONTACT PERSON STEVE LEWIS SUBARU ADDRESS/PHONE P O BOX 34 539-1466 PROPERTY LOCATION 48 DAMON RD MAP 18D PARCEL 035 ZONE GI -- THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING M G EQ FILLED OUT aid Building Permit Filled out Fee Paid Typeof Construction: AUTO SALES&SERVICE-CLASS I-REPAIRS-PARTS&SALES New Construction Non Structural interior renovations Addition to Existiniz Accessory Structure Building:Plans Included: Owner/Statement or License 3 sets of Plans/Plot Plan THE FpffOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: pproved as presented/based on information presented. Denied as presented: Special Permit and/or Site Plan Required under: § PLANNING BOARD ZONING BOARD Received&Recorded at Registry of Deeds Proof Enclosed Finding Required under: § —w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Variance Required under: § —w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Co 'on S Za Signature of Building Offi4df Date Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. ^"'► ''1 ^"� 48 DAMON RD MP-1999-0123 COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON 1$� ZONING PERMIT APPLICATION PERMIT Co r PERMISSION IS HEREBY GRANTED TO: Contractor: License: Homeowner as Contractor r Owner: KERRYMAN PARTNERSHIP ' Applicant: STEVE LEWIS SUBARU AT: 48 DAMON RD ISSUED ON: 21-Dec-1999 EXPIRES ON: TO PERFORM THE FOLLOWING WORK: AUTO SALES&SERVICE-CLASS I-REPAIRS-PARTS&SALES f'*1fHIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: Zoning Permit Application REC-1999-002992 19-May-99 395 $5.00 212 Main Street,Phone:(413)587-1240,Fax:(413)587-1272 GeoTMS®1998 Des Landers&Associates,Inc.