Agenda – Select Board Agenda June 27 2023

Official Minutes – Plymouth Select Board Minutes 6-27-23

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0:01

foreign

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welcome to the select board meeting a

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Tuesday June 27th 2023 please join the

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board and the pledge to the flag

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I pledge allegiance to the flag of the

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United States of America and to the

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Republic to which it stands one nation

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under God indivisible with liberty and

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justice for all

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right

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Anthony

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pursuant to chapter 2 of the acts of

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2023 and act relatives to extending

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certain copen 19 measures adopted by the

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state of emergency signed into law March

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29 2023 this meeting will be conducted

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via remote means and in person members

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of the public who wish to watch the the

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meeting May do so in the following

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manner tune into Pac TV government cable

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access channels Comcast channel 15 or

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Verizon 47 and watch the meeting as it

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is aired live or you can go to the PAC

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TV website pactv.org members of the

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public who wish to participate can do so

1:17

in the following manner they can be in

1:19

the Great Hall

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uh second floor of town hall and then

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also there is a remote link that is on

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the agenda that is also posted on the

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town’s website where you can

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wish to speak you may click the raise

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hand button at the bottom of your screen

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and you’ll be placed in a queue and

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called an upon an order by the chair Mr

1:41

chairman

1:42

thank you very much Anthony

1:45

I’d like to call a meeting to order

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and the first item on the docket is a

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public hearing for annual all alcohol

1:52

restaurant license for do your job doing

1:55

business as the Terrace HobbyTown 150

1:59

Water Street

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they will have somebody uh in the zoom

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I’m going to read the uh Mr trifletti is

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online with us okay

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in accordance with chapter 138 of the

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Massachusetts general laws as amended

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notices hereby given on the public

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hearing will be held remotely on Tuesday

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June 27 2023 at 5 pm to consider the

2:25

application for a new annual all alcohol

2:28

restaurant license from do your job

2:30

Incorporated doing business as the

2:33

terrorists at Harbor Town 150 Water

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Street fourth floor Brian Vogel manager

2:38

description of the premises is as

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follows a partial meet 8 000 square feet

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restaurant area including kitchen table

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seating and by area this is a rooftop

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restaurant with a majority of the table

2:53

seating located outside anyone wishing

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to be heard on this matter should plan

2:58

to attend this meeting

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please call the office

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747-1620 extension 10106 for info

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regarding information on remote

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participation

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so I now declare the hearing open in Mr

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trifoletti welcome good evening

3:26

good evening uh chair Mr quintal and

3:29

also other members of the board I’m

3:32

delighted to be here on behalf of the

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applicant uh this is one of the first

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times I understood that there was a

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hearing schedule that was virtual and

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not in person so I apologize if we could

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have been in person and we’re not but

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we’re here uh I’m not seeing on the

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screen uh my clients but I believe

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they’re here with us Michael Vogel Craig

3:57

Vogel and Brian Vogel I see now Craig is

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on the screen and if we can promote uh

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and join Brian and Michael as well but

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if not we can go with Craig who’s

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available uh I don’t see him yet on the

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video but I’ll begin to tell you that

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the location is 150 Water Street uh it’s

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a large building it’s a rotary it’s

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across from Hannah’s Harborside it’s a

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multi-use building uh with the

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restaurant to occupy the 4 floor the

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business owner applicant is as you

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correctly read and you notice is do your

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job Inc and that again is involving uh

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you’ll see the three of them Michael

4:39

Vogel uh Craig Vogel Brian Vogel they’re

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now all with us uh the fourth floor unit

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is owned by and will be leased from 2020

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Development LLC that’s an entity that is

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also owned by a long time uh Michael

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Vogel who has been

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involved with this project is a 10-year

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lease with two 10-year options to extend

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the rent is based on the restaurant’s

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revenue

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and most of the restaurant will be open

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air outside seating Michael’s son Brian

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is the proposed manager of the liquor

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license he used to manage Main Street

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Extension Tavern in Plymouth so he has

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experience the seating will be

5:25

approximately 210 people and they are

5:29

here and available to answer questions

5:30

from the board

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thank you

5:35

thank you

5:37

would any of the vocals like to say

5:39

anything I just want to wait for

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questions

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if there are any Mr chair I believe that

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they are available to answer questions

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related to uh anything you might ask but

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in particular if there are questions

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regarding uh parking or seating uh they

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are familiar and prepared to answer

5:58

okay

6:01

before I get to that I want to open it

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up to the public anyone wishing to speak

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in favor of this application

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please identify yourself for the record

6:19

Rich circuit Precinct 2 I actually don’t

6:23

want to speak in favor or opposed but

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there are eight other licenses that are

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listed on the agenda

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and I think your vote needs to refer to

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all of them doesn’t it

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we do the general one first then we do

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the other ones after but thank you

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is there anyone wishing to speak in

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favor of this application

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anyone wishing to speak in opposition

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nobody online okay I’m going to bring it

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back to the board and close the hearing

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for any questions or emotion I I have I

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have a few questions just to clarify

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some things for the boards

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uh I was actually there I taught it uh

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the facility today

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so but I had just had a few questions I

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just want so everybody understands

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the packing situation for the that’s it

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it’s somebody seats 200 seats I believe

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Craig you might want to address this

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yes

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114 being year round and 100 being

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seasonal

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okay and and everything you went before

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the the so everything’s packing funds

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all set you’re how does the packing work

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completely with all the retail

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grandfather for rights up to 81 parking

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spots per zoning approval February 24

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2015.

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the property actually has 29 parking

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spots and four spaces in parking garages

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provided on site

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um we we had a shortage of parking spots

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so we the restaurant had purchased 15

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additional spots from the parking fund

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and paid twenty five thousand dollars

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into the parking fund to um accommodate

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those seats in our occupancy

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okay

8:18

uh the egress getting in uh what kind of

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egress do you have for the public for

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the public to get in I know you have an

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elevator

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yep

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so the public will access the terrorist

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rooftop from a lobby at 150 Water Street

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right that will primarily use the public

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elevator and the main staircase to go to

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the fourth floor

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the building also has two more

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staircases and an additional private

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elevator

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the main staircase and public elevator

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will open up to a Lobby on the fourth

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floor where a Hostess station will be in

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the entrance to the restaurant during

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the summer months we will have a second

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Hostess station on the ground floor to

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control the flow of customers going up

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to the fourth floor

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so the public won’t be able to access

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the private uh the residents

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of no exits

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so it’s uh you’re going to have dining a

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lot of dining primarily and what what

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type of menu are you expecting to have

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uh it will be American Cuisine upscale

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but not too formal

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entertainment yeah and with

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entertainment what are you planning on

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to do for that entertainment

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so the building is mixed use we’ve got

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tenants below and um we have to respect

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them and we want to um just do something

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real light light acoustic

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um not not like drums or full bands or

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DJs

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um that that’s not the environment that

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we want but would like to be able to do

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some light acoustic stuff and also what

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like house music you know for flight uh

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like house music like a sound system

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okay yeah so we have like Sirius XM

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radio and we can control you know the

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volume with the switch and even when we

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have acoustic music or a live musician

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playing he’ll plug into our house music

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and we’ll be able to turn it down

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ourselves

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and obviously those 214 seats a weather

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permitting

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uh you know obviously in the winter in

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the rainy days you wouldn’t be able to

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use those that seating

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indoors year round we’ve got 76 seats

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um

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during the summer seasons we’ve got an

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additional

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um oh 100 seasonal outdoor seating we

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also have some Standing Room located on

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the outdoor deck which would include

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more customers our total occupancy

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including employees Standing Room the

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year-round seats and the seasonal

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outdoor seats is 300.

10:57

all right thank you that’s all the

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questions I have

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any other questions or comments from the

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board John

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no I I was able to a couple weeks ago I

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was able to tour the facility with uh

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Craig Vogel and uh it’s a very

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impressive space and Mr bletzer had

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asked my question my question would have

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been along the line of the the

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entertainment

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um

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would respect to noise and volume and my

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question was answered would um when Mr

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Vogel was talking about the acoustic and

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not bringing in live bands and things

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like that

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any other questions

11:37

emotion on the

11:39

the all alcohol license

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yeah I’ll make the motion to approve

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second

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motion by Mr bletza second by Mr Mahoney

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discussion

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Mr bletzer

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yes Mr Canty yes Mr Mahoney yes Mr helm

12:00

yes and myself yes unanimous

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now in addition to that we have common

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vigila comprehensive Entertainment Group

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one two three radio TV dance and live

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entertainment Sunday entertainment live

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entertainment

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DJ band 11 A.M to 12 A.M

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early Sunday sales 10 a.m extension of

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hours 1 a.m outdoor Amplified music

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permit 11 A.M to 12 a.m Monday through

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Sunday for bands and DJ

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I don’t know if the board wishes to take

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these separate all together

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I’ll move them as a group

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second move by Mr Mahoney seconded by Mr

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Canty all those in favor Mr helm

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yes Mr Plaza yes Mr Canty yes Mr Mahoney

12:55

yes and myself yes

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congratulations we wish you the best of

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luck

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and I’ve been to a rooftop uh

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very similar to this in St Martin it’s

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been a while since I’ve been there

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probably 12 years 10 years but uh

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you’re going to do great that’s it’s

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awesome I’ve always had that idea in my

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head but I wish you the best

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thank you thank you so much thank you

13:24

all right okay

13:27

public comment anyone Mr circuit

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um

13:34

Rich Cirque Precinct two-town meeting

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member

13:39

at your meeting last week

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one of your agenda items was a

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three-year appointment to the community

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preservation committee

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one of the applicants was Joan Bartlett

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the incumbent a member of the CPC for 18

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years

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the other applicant was Betty cavaco

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a former member of this board

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this room was filled with people who

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wanted to speak on this appointment

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many if not most of them

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wanted to speak in support of Ms

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Bartlett

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the board however refused

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to allow members of the public to speak

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instead the board simply proceeded to

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vote unanimously to appoint MS cavaco

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this left the public with no opportunity

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to speak

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until the public comments section of the

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meeting

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but the public comment section of the

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meeting was placed after

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and not before the licenses and

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administrative notes section of the

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meeting which included the topic of this

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appointment

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public comment is normally heard before

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and not after licenses and

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administrative notes

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why then did you or the town manager

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depart from past practice

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by putting public comment at the back of

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your agenda

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to a place after this appointment had

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already been made

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the obvious reason in my opinion

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was because your minds had already been

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made up

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improbable violation of the open meeting

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laws prohibition against serial

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Communications among less than a quorum

15:30

of board members prior to a meeting if

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taken together they constitute

15:35

Communications among a quorum

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only a fool would believe that no such

15:43

Communications among you had occurred

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prior to your meeting last week

15:49

the statements by Ms Bartlett and Ms

15:52

cavaco in their own behalf

15:55

were just for show

15:57

because each of you had already made up

15:59

your mind beforehand

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that Ms cavaco

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would get the appointment

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in other words

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the fix was already in

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section 2.0 of this board’s policies and

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procedures which date back to 1995

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provides as follows and I quote

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if the board is considering matters of

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Citizen concern at a regular meeting

16:27

the public will be allowed to ask

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questions or make comments

16:31

relative to the matter under

16:33

consideration at the discretion of the

16:36

chairman

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or upon request of any member of the

16:40

board close quote

16:42

Mr Suzuki you had three minutes

16:44

pardon me you’ve had three minutes may I

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have one and a half more minutes yeah

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this time thank you

16:51

I can think of no reason why the

16:53

chairman did not exercise his discretion

16:56

to allow the public to speak before your

16:58

vote was taken

17:00

I can think of no reason why the other

17:02

members of the board did not request

17:04

that the public be allowed to speak

17:07

before your vote was taken

17:10

one of your Chief criticisms of the CPC

17:12

as presently constituted

17:15

was the claim that the CPC had allegedly

17:17

prevented members of the public

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from attending and speaking at a recent

17:22

CPC meeting

17:24

Ms cavaco and members of this board

17:26

invoked the First Amendment rights of

17:29

the persons whose voices were allegedly

17:31

silenced by the CPC at that meeting

17:34

at your meeting last week

17:37

the board asked Ms cavaco whether she

17:39

would be comfortable with CPC meetings

17:41

being opened to the public so that the

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public could fully participate in them

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no sooner had that issue been raised

17:50

then this board proceeded to Bar all

17:52

members of the public from speaking at

17:55

your meeting

17:56

after which you immediately proceeded to

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unanimously avoid vote to appoint MS

18:01

kofaco

18:03

such hypocrisy

18:06

after land-basting the CPC for allegedly

18:09

shutting out the public

18:11

you engaged in the same behavior by

18:14

shutting out the public yourselves

18:17

such hypocrisy

18:23

anyone else wishing to speak other

18:25

public comment

18:28

okay we’re going to move on to licenses

18:30

and administrative notes

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is there any questions if not we’ll take

18:34

them

18:36

all three of the administrative notes

18:39

along with

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yes to licenses there’s been a third

18:45

added and that was a poll easement

18:47

correct Anthony

18:48

yes

18:53

I if there are no questions I would make

18:57

a motion that we approve the two

18:58

licenses and three administrative notes

19:00

as a group

19:01

second

19:03

discussion

19:05

Mr Helm

19:07

yes Mr bletza yes Mr Canty yes and Mr

19:13

Mahoney yes

19:15

thank you I just want to also note that

19:17

the plumens uh Plymouth Lions Club

19:20

recently made a donation of 500 to the

19:24

Center for active living

19:26

thank you very much to all our clients

19:29

that was very nice

19:32

now we’re going to adjourn the Open

19:35

Session

19:36

and go into our executive session

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emotional Journal Open Session

19:43

motion by Mr bletzer

19:47

second second by Mr Canty I assume we’re

19:50

not returning to open at the end right

19:52

no

19:54

thank you so the select board will hold

19:57

an executive session pursuant to

19:59

Massachusetts general laws chapter 38

20:01

section 21A Clause 6 to consider the

20:05

purchase exchange lease a value of real

20:08

property if the chair declares in an

20:10

open meeting may have detrimental effect

20:12

on the negotiation position of the

20:15

public body in the chair so declares

20:17

that the board will not return to open

20:20

session after the conclusion of the

20:23

executive session

20:26

158 Center Hill Road lease you have a

20:30

motion

20:34

Mr Blitz removed I seconded okay I

20:37

thought that was the close of the first

20:39

one okay

20:41

Mr bletzer yes Mr Helm yes

20:45

Mr Canty yes and Mr Mahoney yes

20:49

thank you very much for watching have a

20:52

good week the board will not be

20:54

returning have a safe fourth

20:58

and good night