Wednesday, March 5, 2014

Live reporting: Town Council - Mar 5, 2014

Present: Feldman, Padula, Mercer, Kelly, Vallee, Pfeffer, Jones, Bissanti, Williams
Absent:  none

January 15, 2014, January 22, 2014
motion to approve, seconded, passed 9-0

This meeting is being recorded by Franklin TV and shown on Comcast channel 11 and Verizon channel 29. This meeting may be recorded by Franklin Matters.

Hillside Nurseries - rescheduled to next meeting

Rich Aucoin, Franklin resident
speaking in favor of the proper oath of office that the Town Council should have been sworn in with
(text to be added)
restoring constitutional governance to Franklin, MA



- Application for a new Wine and Malt Package Store license by Jay Gayatri, Inc., dba Old Gold Convenience

Nutting - provided a map of the existing licenses for other package stores

Attorney representing the client
have been operating several years (since 2001), some renovations planned to accommodate the interior
training on the ABC rules and regulations has been conducted
would work with the local police to obtain training if not already in hand

no expansion of building, additional electrical and shelving to be added

is there a public need?
There is a full liquor store across the street, the clients are looking for beer and wine to compliment their existing business. It is not a competing business, this is a supplement to their existing business

Other services within the store, a convenience store, carry the convenience items

Question to Chief Semerjian, no objection to another license?

This is the last one available at this time (license allocation)
there is no cap on restaurants, there is a cap on the beer and license 6 each (based upon population)

Mark Mann - trustee for the liquor store across the street
invested money in the property, they work hard and smart to do the best for the town
they do quite a bit of business with beer and wine
fear on ability for them to pay their rent down the road due to over saturation
I urge you to deny the application

Cerel - the issue of competition is not of concern, the issue is public need, is there a need for the public at large.

Jack Fadel - 50% of our business is on beer and wine, would end up getting into crazy competition

Nutting - when we have had one left before, we have done an advertisement through a public process

Mercer - our practice has been to announce to the public?
Cerel - in those cases, it has been an all alcohol license, that is usually more desirable. This came from the Davita's receipt of the all alcohol license

Nutting - it is available based upon census results so every ten years, or can ask the Legislature for one

Bissanti - can the argument be made?

Cerel - it would be dependent upon the needs and the geography being served

Owner - had tried before but couldn't get it would like to get it to meet the needs of their clients

Lawyer - it has been sitting in town hall for some time, they filled the application since Nov, no one else has come forward. The convenience store owners all know what they are doing.

Padula - just because you can have competition, doesn't mean they should. They are not a stones throw away, they are right across the way

Lawyer - by statue there is a liceses available, we can argue about where, this council has previously granted licenses a stone throw away. The map shows other licenses making decisions to put them together.

Padula - help me understand what is the public need?

Lawyer - this would be an extremely valuable compliment to my clients service to their customers. They are two different establishments, one selling convenience items with a beer/wine and the other is a full liquor store which can sell the convenience items

Bissanti - I like the fact that this store is in the commercial district, the other possible locations are not in the commercial district zone

Feldman - when had they applied?

Owner -

Mercer, Jones, Pfeffer, Williams, Vallee - voted no
vote failed 5-4

motion for denial on basis for no public need on basis of over saturation in current area
Williams, Peffer, Jones, Vallee, Mercer - voted yes
same 5-4 vote

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