Sullivan Station receives three-month entertainment license

LEE – Despite the objections of one of its neighbors, a new entertainment license has been approved for Sullivan Station.

At the Lee Selectmen’s Nov. 20 meeting, Sullivan Station asked for modifications of their entertainment license for 2012 to allow them to host four events with four or more players. Sullivan Station’s current entertainment license only allows one or two players to perform at a time.

This request was opposed by some of Sullivan Station’s neighbors, particularly Robert and Olga Healey of The Chambery Inn, who said the noise from previous, and unauthorized, shows had disturbed their guests.

The selectmen’s solution was to issue a compromise decision, in which the first two events were allowed to go forward with earlier ending times and regular sound monitoring by the police, who were authorized to shut the event down if it exceeded decibel limits.

At the selectmen’s Dec. 4 meeting, however, Attorney Don C. Hunter, representing Sullivan Station, withdrew all requests to modify Sullivan Station’s entertainment license for 2012.

Atty. Hunter said the event on Nov. 24, featuring the Randy Cormier Band, was all acoustic, with the exception of vocal amplification, as there wasn’t enough time to sufficiently sound-proof the building. He also said the band was moved to the back of the restaurant to get the performers away from a window that Sullivan Station had identified as a noise problem. Noting that the police department hadn’t been able to take decibel readings of the performance, Atty. Hunter pointed out they still checked in on the sound levels throughout the night, as requested by the selectmen.

“They did on three occasions…stand outside and ascertain…the noise was not…problematic for lack of a better word,” he said.

Atty. Hunter said Sullivan Station decided to cancel the event on Dec. 1, because the band scheduled to play used a complete amplification system, and they didn’t want to exacerbate the situation.

Atty. Hunter said it was the belief of Sullivan Station the problems with noise were arising as a result of the amplification of instruments, not of vocals. Because of this, Sullivan Station has canceled the other two events it had scheduled for December as well, as they both were with groups that used full amplification systems.

Atty. Hunter then presented the selectmen with a new proposal, this time to modify Sullivan Station’s entertainment license for 2013.

“What we’re proposing is that the performance be limited to no more than four persons,” he said.

Atty. Hunter said he knew the Chambery would not want Sullivan Station to expand their license, acknowledging the Chambery had received a complaint about the Nov. 24 show. Although, Atty. Hunter raised the possibility the source of the patron’s complaint could have originated from another source.

“I don’t want our performance judged by something that could have come from some other place,” he said.

The selectmen seemed open to considering the new license, but said they would like the application cleaned up, which they pointed out did not entirely reflect the changes Sullivan Station was requesting. Atty. Hunter agreed to come to the selectmen’s next meeting with a more polished application.

The rest of the discussion on the item was taken up by supporters and opponents of Sullivan Station changing its entertainment license.

“The Chambery Inn will vigorously oppose any change in the permitting beyond what was given in the past,” said Joe Toole, the former owner of the Chambery Inn, speaking in support of Mr. and Mrs. Healey and paraphrasing a letter from their lawyer.

“For as long as I have known them [the owners of Sullivan Station], which has been a couple of years now, they have done more good…[than] negative,” said Beth Maturevich, one of the singers for the band Whiskey City, noting how Sullivan Station handed out coffees when Dresser Hull was burning. “They do a lot for this community.”

At the selectmen’s Dec. 18 meeting, Atty. Hunter once again presented Sullivan Station’s application for renewal of its entertainment license. The application submitted was in two parts.

The first, asked to allow one or two players with only one speaker and amplified vocals from 6-9 p.m. daily, as well as 12-3 p.m. on Sundays. This is similar to Sullivan Station’s current entertainment license.

What Atty. Hunter called “the contentious part” asked to allow four performers with two speakers no more than twice each calendar month from 8:30-11:30 p.m. The vocals in these performances would be amplified, but the music would be acoustic and not amplified. An employee would be at the door and outside the premises at the time of these performances to monitor and ensure compliance with state and town regulations.

Noting the Chambery Inn still objected to the license, Atty. Hunter listed the many changes Sullivan Station made to its application, including limiting the number of performers, only having acoustic music and reducing the hours of the performances.

“I would urge you to give them a chance,” said Atty. Hunter, who said if there are violations, they can be measured, and the performances can be shut down.

The selectmen were receptive to the application, and Board of Selectmen Chairwoman Patricia D. Carlino suggested giving them a three-month entertainment license.

“There’s two separate businesses here that need to run and they both need to be successful, so I think you’ve [Chairwoman Carlino] made a good point with three months,” said Selectman David J. Consolati. “If there are issues, we’ll know it pretty quickly.”

He also voiced a desire for the two sides to get along better.

“You are very close to each other, and you could be beneficial to each other,” said Selectman Consolati. “A little more dialogue between the two of you might…make things work more smoothly here.”

Mr. Toole and the Chambery Inn’s owners were still opposed to the license. In a letter to the selectmen signed by the three of them, they  requested a 10 p.m. restriction on sound amplification at Sullivan Station and keeping the two-person limit in the renewal permit.

“The close proximity of the two businesses is simply not compatible with any significant entertainment venue in the Sullivan Station building,” reads a portion of the letter.

“It’s [the new license] putting the Chambery in the unenviable position to have to buy a very expensive piece of equipment to monitor noise,” said Mr. Toole, who asserted the Chambery would have to buy a decibel level reader to monitor the performances, despite Chairwoman Carlino’s assurances the police would check in on them with their own equipment.

Mr. Healey maintained granting the new license to Sullivan Station would negatively impact his business.

“If they don’t follow through with [the new regulations], they will be shut down,” said Chairwoman Carlino.

“In my opinion, this is a business grasping for straws to do this, and you’re going to let them take our business down with it,” said Mr. Healey, who was not in favor of giving the revised license a try because of Sullivan Station’s past behavior.

Mr. Healey also spoke about the importance of reputation in the social media era and how the Chambery Inn strived to maintain it, as well as how he and his wife had a young family.

“This can go as shortly as one event,” said Selectman Consolati, who said if Sullivan Station violated its new license, it would be pulled.

“You’re just giving them another the months to hurt our business,” said Mr. Healey.

Because Selectman Gordon D. Bailey wasn’t at the meeting and Selectman Consolati had recused himself when Sullivan Station’s requested modifications to its entertainment license in November, Mr. Toole asked that the vote on the new license be tabled until the next meeting, when Selectman Bailey could vote on it. Selectman Consolati recused himself in November because he’d done some work for Patrick J. Muraca, one of Sullivan Station’s owners.

“I just think it [having Selectman Consolati vote and voting without Selectman Bailey] just kind of clouds the issue,” said Mr. Toole.

Mr. Consolati said that the initial night where he recused himself was the only issue, and because he’d made a statement he was in conflict, he felt comfortable voting on the issue.

The selectmen then voted to approve Sullivan Station’s new entertainment license for three months, adding the condition the police would be notified every time an evening performance was held there.

Posted by Bera B. Dunau on December 27, 2012. Filed under Community News,News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry