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
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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.