Pawtucket Board of License Commissioners.
May 21, 1997
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, May 21, 1997, at seven thirty-seven o’clock p.m. in the City Council Chambers, City Hall, Pawtucket, RI. All the members are present except Councilor Rabbitt; Chairman Barry presides.
The reading of the records of May 7, 1997, is dispensed with and the records are approved as prepared by the Clerk.
Claim of Eastern Utilities, Blackstone Valley Electric Co., objecting to the transfer of DABD & AJD Inc., d/b/a The Home Plate, to Pub 602 Inc., 602 Smithfield Avenue in the amount of $454.27, is READ AND ORDERED FILED.
Claim of Wayne Distributing Company objecting to the transfer of DABD & AJD Inc., d/b/a The Home Plate, to Pub 602 Inc., 602 Smithfield Avenue in the amount of $121.92 is READ AND ORDERED FILED.
A public hearing is held on the following application advertised for this time:
CLASS B (Victualer)
Pub 602, Inc. (Transfer from DABD & AJD Inc., d/b/a The Home Plate) 602 Smithfield Avenue, LIC#219.
Speaking in favor is Dean Souza, 14 Ivone Ct., Providence, RI, applicant.
Mr. Souza states that he is an employee at International Packaging.
Mr. Souza states that his brother is a partner and they want to run a family style business by running a restaurant. They plan on beginning with serving sandwiches and burgers and will move up to a full kitchen.
Mr. Souza’s brother owned an auto repair business for 15 years.
His mother will be the cook; he and his brother will run the business; his fiance and his brother’s girlfriend will work there.
The hours will be 11:00 a.m. - 1:00 a.m. There will be no live bands. They may have a DJ one or two nights a week. They will have a jukebox. Also, they will have 2 pool tables, and may have video games and darts.
There is a parking lot in back. They will be allowed to use Luxury Cleaners parking lot and the CVS lot, but they do not have anything in writing to allow this. There is up to 125 parking spaces available. They have painted the inside and outside of the buildings, and they may blacktop the front and plant shrubs.
The next speaker is Duane Souza, 14 Ivone Ct., Providence, RI, applicant.
Mr. Souza states that he will work with Councilor Vieira to get the state road opened, then he will put up a fence.
He wants to try something new and has hired a restaurant consultant to advise them on running this business. They have updated the kitchen, refinished floors and walls and have all new furniture.
He will work with the neighborhood.
There are no other speakers.
The hearing is closed.
Upon motion made by Councilor Vieira, seconded by Councilor Moran, the following application is approved SUBJECT TO THE PAYMENT OF ALL OUTSTANDING CLAIMS and with the following STIPULATION:
1. NO LIVE ENTERTAINMENT:
CLASS B (Victualer)
Pub 602, Inc. (Transfer from DABD & AJD Inc., d/b/a The Home Plate) 602 Smithfield Avenue, LIC#219.
A public hearing is held on the following application for license advertised for this time:
CLASS B (Victualer)
Stooges’s Inc. D/b/a Stooges’s Pub & Deli, 65 Goff Avenue (transfer from 90 Broad Street) LIC #218.
Speaking in favor is Joseph Marasco, 1168 Newport Avenue, Pawtucket, RI, attorney for applicant.
Mr. Marasco states that this move is necessitated by the demolition of the building which Stooge’s is currently in. It will be operated as a pub style deli. The customers are primarily elderly. The hours of operation will be 11:00 a.m. - 1:00 a.m.
They are moving 300 yards and have obtained a special use permit approved by the Zoning Board. They need to move quickly because the services to the building will be shut off in a couple of weeks. The lease expires on June 30, 1997.
The owner has operated this business for approximately 8 years and there have been no problems except for two times when he called the police to his establishment.
He states that the building will be leased and there is parking for 45 cars. There will be no changes in the operation of the business. There is a DJ some evenings and karaoke one night per week.
Speaking in opposition is Michael Horan, 393 Armsitice Blvd., Pawtucket, RI, attorney.
Mr. Horan is representing Union Wadding and DMD Realty who oppose this application.
Mr. Horan states that they have appealed the Zoning Board ruling, which is still pending in Superior Court.
Mr. Horan presents a petition in opposition to the transfer, which is filed.
Mr. Horan believes that the petitioner filed his petition to the Zoning Board under the wrong section of law. Mr. Horan states that it should have been filed as a pub and not as a restaurant.
Mr. Horan is requesting that this application be laid on the table until the zoning appeal is finished. He believes that this type of business does not belong in an industrial zone and the objections of the residents should be taken into consideration.
The next speaker in opposition is John P. Josephs, 14 Lincoln Avenue, Barrington, RI.
Mr. Josephs is the Senior Vice President and Treasurer of Union Wadding Company. He states that Union Wadding began in 1847 and has 200 employees on three shifts. They are within 125 feet of the proposed liquor establishment, and he opposes a liquor establishment being that close to his business.
He states that they have truckers from all over the country who sometimes wait 2-3 hours, and he does not want them tempted or his employees tempted by a liquor establishment.
Mr. Josephs states that they may expand the building because they need more warehouse space. The granting of a liquor license at this location could alter the plans to expand. Any decision to expand will be held in abeyance until this matter is settled. He states that there are no other liquor establishments visible from the loading docks. Supervisors could see people going into establishments only if in the shipping dock.
The next speaker in opposition is Dwight Douglas, 223 Cottage Street, Pawtucket, RI.
Mr. Douglas states that he owns DMD Realty, which has been in existence since 1958. He also owns the adjacent property, which is mostly mill space.
He feels this transfer will create problems in the winter. If there is a lot of snow, it will be difficult to park in the area. There is a fence between properties, but it is opened onto his property. He is not concerned about his tenant being unable to park on Stooge’s lot as they have a right-of-way across Stooge’s property.
Attorney Horan introduces the complaint and zoning decision regarding Stooges, Inc., which are READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, upon motion made by Councilor Vieira, seconded by Councilor Butler, the following application for license transfer is LAID ON THE TABLE:
CLASS B (Victualer)
Stooges’s Inc. D/b/a Stooges’s Pub & Deli, 65 Goff Avenue (transfer from 90 Broad Street) LIC#218.
THE CLERK IS INSTRUCTED TO SEND A COMMUNICATION TO JACK GANNON, CITY SOLICITOR, REQUESTING A LEGAL OPINION ON WHETHER THE BOARD MAY EVEN CONSIDER THIS PETITION WHILE THE APPEAL OF THE ZONING BOARD’S DECISION TO GRANT A SPECIAL EXCEPTION TO STOOGE’S PUB TO LOCATE ON GOFF AVENUE IS PENDING IN THE SUPERIOR COURT.
The following petition is GRANTED on a unanimous voice vote:
CLASS F (Beer & Wine)
St. Anthony’s Church, 32 Lawn Avenue, requesting permission to sell beer & wine at a church festival at 13 Forest Avenue, (parking lot) on Friday, June 6; Saturday, June 7, 1997 from 8:00 p.m. - 12 Midnight; Sunday, June 8, 1997, from 6:00 p.m. - 10:00 p.m. LIC#16
Upon motion made by Councilor Vieira, seconded by Councilor Bray, the meeting is adjourned at eight twenty-eight o’clock p.m.