Friday, May 23, 2025

Town Council expresses frustration with ABCC regs, approved license transfer (video)

The Franklin (MA) Town Council met on Thursday, May 22 for it's second budget hearing as outlined in Town bylaws. Given that the questions on the FY 2026 budget were effectively covered on Wednesday, and with the special election scheduled for June 3, the hearing was continued to June 4 to close out the budget process.

Depending upon the results of the vote on June 3, if the override is successful, then the budget can be approved as proposed. If the override fails to pass, then the proposed cuts will need to be determined before the budget is finally approved.

7 of the Councilors were present for Thursday's session (Chandler and Pellegri absent). Dellorco left the Council Chambers during the public hearing on the alcohol license transfer and did not return.

Franklin TV video is available for replay -> https://www.youtube.com/live/KxgDYAmr-zM?&t=95

The agenda and released documentation for this session ->   https://www.franklinma.gov/AgendaCenter/ViewFile/Agenda/_05222025-1753 

Quick recap:
  • Public hearing on License Modification - Change of LLC Managers & Change of Ownership (Beneficial Membership) Interest of a Section 12 Restaurant All Alcoholic Beverages License: Franklin Shed, LLC d/b/a The Shed, Located at 340 East Central St., Franklin, MA 02038
    • After explanation, measure approved. Effectively, the 2 existing owners expanded ownership to include two of their employees.
  • 2 Public hearings were opened as the items were directly and intimately related to each other and needed to be reviewed together.
    • Transfer, Change of Location and Approval of Manager of a Section 15 Wine and Malt Beverages Package Store License: DeVita’s Market, LLC d/b/a DeVita’s Market, Located at 198 East Central St
    • Transfer, Change of Location and Approval of Manager of a Section 15 All Alcoholic Beverages Package Store License: Table & Vine, Inc., Located at 348 East Central St
    • Attorney Cornetta carefully explained the moving parts that would effectively transfer the beer & wine license from the Big Y to DeVita's and the all alcohol license at DeVita's would transfer to Big Y. As the 2 licenses are so close to each other, the transfer was not in the realm of denying based upon the case law already established. 
    • The prior transfer Big Y attempted was successfully and legally denied as it would have changed the mix of licenses in the East Central neighborhood. This current transfer simply swapped licenses within the half mile locations and did not materially change the overall license impact.
    • Mr Halligan is establishing an LLC to purchase DeVita's, maintain operation with the beer & wine license, allowing Mr Donovan to retire from the business. He will also upgrade the building and operations including installation of a grease trap.
    • The Big Y has successfully operated other all alcohol licenses without issue in MA, including the current beer & wine license in Franklin. They will bring in a new manager for the license and rotate the current manager within their operations as they normally do.
    • Councilor Dellorco expressed his frustration with the move and acknowledged that aside from the legalities, he would vote no. He left the public hearing before the vote.
    • Councilor Cormier-Leger attempted to motion to have the transfer vote tabled to a future meeting, it did not get the majority vote (tied 3-3) so the votes proceeded as scheduled and both transfers passed 5-1-3 (5 for, 1 against (Cormier-Leger) and 3 absent)
  • The second FY 2026 Budget hearing was opened, after some discussion, it was continued to the June 4 Town Council meeting.
My notes as captured via Twitter/x during the session can be found in one PDF ->

Town Council expresses frustration with ABCC regs, approved license transfer (video)
Town Council expresses frustration with ABCC regs, approved license transfer (video)


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