pages: PlanningBoard/2011-10-10.pdf, 8
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PlanningBoard | 2011-10-10 | 8 | been held at the venue. She is concerned that the business began operations without the proper licenses. She originally opposed the original Use Permit because of the extreme conditions that were placed on the facility and saw no way for a business to operate under such constraints. She stated that throughout the entire process she has not heard any of the residents say that the business should be closed down but are trying to find conditions that are workable for the business. She believes that the Board cannot place conditions on a use just to have them continually violated. Board member Zuppan stated that she has concerns about inconsistencies. She previously believed that the weekend closing time of 11:00 p.m. was unrealistic but the weekday closing should stay at 10:00 p.m. Board member Burton was also skeptical about the revisions to the conditions and the lack of clarity about what business entities were actually working out of the facility and who was responsible for the compliance of the conditions. Although it still seems unclear who has what licenses the connection between Hannah's by the Bay and T25GL Entertainment is. Should the conditions of approval be revised the Board needs to provide as much clarity as possible as to what the responsibilities of the operators are and what the repercussions are upon failure to comply and the avenues of recourse people have. Board member Henneberry asked how the condition of the patrons requiring a ticket allows the events to remain private. Ms. Kavanaugh-Lynch replied that the goal of the condition was to assure that the capacity of the event would not exceed a set number of participants and should a complaint be received it could be verified by the number of tickets. Board member Henneberry questioned the extended hours. President Ezzy-Ashcraft replied that the modified hours were an attempt to help the lessee stay competitive in the industry. Ms. Kavanaugh-Lynch added that there are no restrictions on the adjacent yacht clubs in regards to hours of operation. President Ezzy-Ashcraft reiterated that the Board needs to achieve a balance and we are in the middle of challenging economic times. She mentioned that the lessee has made it hard to be on their side due to the lack of conformance to the existing conditions. She mentioned that if the facility were a restaurant it would not have these stringent conditions. The Board did receive a comment from a resident living adjacent to the site stating that she has never caused any noise intrusion the events and has never had any parking problems during an event. She asked that the Board not put the business out of business. She stated that she is mostly satisfied with the revised conditions. She is not completely comfortable with condition #22 which takes the review period of 6 months out and leaves it as a complaint driven review if necessary. Board member Burton stated that he was comfortable with condition #22, stating that he has faith in the staff to be able to make an intelligent decision. He also believes it would give the parties involved a faster way to resolve any problems that may come up. Page 8 of 12 | PlanningBoard/2011-10-10.pdf |