TR-2015-42 MAIN ST STILL SUSPEND REVOKE 4ialNl �
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TR-2015-42
A RESOLUTION TO MODIFY, SUSPEND AND/OR REVOKE
THE WEEKLY AMUSEMENT PERMIT/LICENSE OF
THE MAIN STREET STILL, INC. LOCATED AT
858 SUFFIELD STREET, AGAWAM, MA
WHEREAS, on January 5, 2015, the City Council granted The Main Street Still, Inc.
(hereinafter The Still) a Weekly Amusement Permit/License for the premises located at 858
Suffield Street in Agawam for live music and their juke box (see TO-2014-61);
WHEREAS, the Administrative Sub-Committee (hereinafter the Committee) of the
Agawam City Council met on May 21, 2015 regarding noise complaints emanating from The
Still, and as a result of that meeting there was an understanding that the permit/license holder
(The Main Street Still, Inc.) had created excessive and unreasonable noise that did disturb the
peace and quiet of members of the community. At that meeting, The Still asked for a
continuance of six weeks in order to correct certain conditions that could possibly resolve the
noise pollution problem; specifically to install soundproofing and take whatever action was
necessary to lower or eliminate sound leakage during live band events. The continuance was
agreed upon by the Committee with the conditions that The Still remain free of further noise
complaints and that The Still would give weekly updates on their progress to the Committee
during the continuance period;
WHEREAS, The Still did not provide weekly updates on their progress as agreed and it
was discovered that they did not complete soundproofing measures as promised during the
promised six week period. Additionally, there was at least one additional complaint made of
loud noise emanating from The Still that required Police Response on or about 6/20/2015;
WHEREAS, the Committee has recommended that the City Council suspend the Weekly
Amusement Permit/License of The Still based on the noise complaints and their failure to abide
by the conditions agreed upon at the May 21, 2015 Administrative Sub-Committee meeting;
WHEREAS, it is in the best interests of the City of Agawam to insure that the holders of
Weekly Amusement permits/licenses operate so as to not cause excessive and unreasonable
noise, and further that they abide by agreed upon conditions imposed by the Administrative
Sub-Committee of the City Council; and
NOW THEREFORE, BE IT RESOLVED that after a hearing in accordance with M.G. L. c.
140 § 183A, the Agawam City Council may modify, suspend and/or revoke the Weekly
Amusement Permit/License held by The Main Street Still, Inc. at the premises located at 858
Suffield Street in Agawam.
AGAWAM CITY COUNCIL
0! 36 MAIN STREET
AGAWAM, MASSACHUSETTS 01.001
�,o TED l�Qy. MINUTES OF THE ADMINISTRATIVE COMMITTEE MEETING
July 16;2015
Members Present:. Robert Rossi—Chair
Donald Rheault—Vice Chair
PRESIDENT Joseph Mineo
Christopher C, Johnson
Absent: Anthony Suffriti and Dennis Perry
VICE PRESIDENT
Dennis J. Perry Also Present: Attorney Steven Bouniconti, Rebecca Masler(Still
COUNCILORS Representative), Vincent Burba(neighboring
George Bitzas complainant), Linda Fournier(neighboring
Cecilia P. Calabrese complainant), and Lorraine Samuelson
Paul C. Cavallo
James P. Cicheiti
Gina M. letellier Called to Order: Meeting was called to order by Chairman Rossi at
Joseph Mineo
Donald M. Rheault 6:32pm in the Peirce Roorn at the Agawam Public Library
Robert E- Rossi
Anthony R. Sufj'rid AGENDA
ADMINISTRATIVE 1. Continued discussion of the activities and complaint regarding the
ASSISTANT Weekly Amusement License for The Main Street Still, Inc., 858
Barbara A. Bard Suffield Street,Agawam, MA
The object of this meeting is to take whatever action deemed appropriate by the
committee based on previous meetings, findings and conditions.
Discussion
The meeting was opened with dialogue concerning the continuance of the conditions
that were set and agreed upon by both The Still and the Committee included in the
minutes of the previous meeting dated'May 21, 2015, and to take whatever action the
Committee deemed appropriate. Specifically there was an understanding at the
previous meeting by the parties that there were facts sufficient to believe that
violations of the Lity's Ordinance Section 121 did take place at The Still which
created excessive and unreasonable noise that did disturb the peace and quiet of
members of the 'community. With this understanding, The Still asked for a
continuance of six weeks it order to correct certain conditions that could possibly
TELEPHONE resolve the noise pollution problem; specifically to install soundproofing and take
(413) 726-9716 whatever action necessary to lower or eliminate sound leakage during live band
segments. The continuance was a-- ed upon by the Committee with the conditions
FAX that The Still remains fee of further complaints and give weekly updates on their
(4I3) 726-9717 progress to the Committee dur-Ing the six week continuance. The Still however did not
EMAIL provide :weekly updates or_their progress as agreed and it.was discovered that they did
bbard@agawam.ma.us not complete sour#roof rg niaasures as promised. Additionally, there was one
additional comp!a:r,* made'cr loud :noise coming from The Still that required Police
Response dated £/20/2011.
Although The Still did not specifically follow the conditions of their agreement, they
did manage to curtail much of the noise levels. According to Mr. Burba, a
complaining neighbor, the problems resulting from noise coming from The Still have
improved considerably. The one remaining issue appears to be on Saturday evenings
when there are live bands. The Still states that they are confident that this issue can be
addressed as well..
Summation
This was a very difcuit case for this Committee to examine. There is no doubt that
there was loud and unreasonable noise coming from The Still and that noise did
disturb the peace and quiet of their neighbors that took place over a great deal of time.
The evidence and testimony submitted establishes that fact. However, the lack of
enforcement by the Tows: of existing Town Ordinances and consistent reporting
procedures makes it a.xtre_ :21y `;fficult to reasonably address this issue without being
unnecessarily prejudicial.
There was infomn-ation znwided that suggests that the police did not always take
immediate action when reSp0:1d-'ng to complaints, and in some instances telling the
complainants that _;here is -_othi:hg that they "can or will" do because The Still has a
permit for live :i.usi1-. A dditiona!ly, the management of The Still has testified that they
were not always made aware of the calls for nuisance noise by the police. It is
believer.' that this matter could :have been handled much differently and with much
treater success if _l:,- pol ce had enforced the law and correctly reported these
infractions. Howeve_, the lack ar-enforcement does not deter from the fact that there is
reason M corcluya beyc:hti a:tasonable doubt that the noise levels at The Still were at
times unreasonable and exc;.sslve and did disturb the peace and quiet of members of
the community over Beat:real of time. There is also reason to believe with certainty
that the manage_rient o' Stir► had been made aware of the excessive noise
complaints and L:Ied_o cor_•ect .herb.
There was inforrnat on provided that the management of The Still promised their
cooperation and to make every effort to contain the music to
acceptable levels Fs a r;st :. .;'_previous complaints. However, the management has
failed to follow t_h:o bh o:: ::.cse promises and assurances to take corrective measures
dating back over a year. The manager of The Still has made similar promises and
assurance of ccope_anion ro !nls co,nmittee as documented in the minutes of the sub-
co:nmiaee meet?rig iated 2 , 2015. To date, there appears to be no solution in
sight cemina f o—n -rl-_e Sti11 oT any ether source.
Please ;tote: it would appea- that this or similar problems will never go away until
there is a clear a rue:stan:l __y t11 : t; is community is going to stand firm in applying
equal protection:tc ail :s c '.tans and a willingness to enforce our laws
Recommendation
Based on the fork:-:a, l e i- ate:nhittee is in general agreement that the information
provided is true to a reasonable certainty. However, the Committee is split in its
decision for the type of action that should result. Councilors Rossi and Rheault
suggest that a two week revoc4 :on of t'e Weekly Amusement Permit for The Still be
imposed for the *."_rst offense an6 a four week revocation be imposed for the second
and subsequent o_Tensa dared �.Me 20, 2015, which is enjoined with the failure to
comply with the a reed terrn_ conditions as set forth at the May 21, 2015 meeting,
Councilor Mineo opposed this suggestion. The vote was 2 YES (Rheault, Rossi), I
NO (Mineo), 2 ABSFNIT(Perry and Suffriti)
Motion in favor of the above revocation made by Councilor Rossi and seconded by
Councilor Rheault. Thl- vote was 2 YES (Rheault, Rossi), 1 NO (Mineo), 2 ABSENT
(Perry and Suffriti j
The first suspension is to cornmerce at a time and date to be determined and to run
two wee{s cons ecut rely.
Tne second suspension is to be a four week suspension of which only one week is to
be served with the reman inng t`:ree weeks suspended for a period of six weeks. If
there are no add: ona' com-Ll ::_s during that period then the remaining three week
suspension wog?d be ;:upped and no further action would be necessary. If, however,
there are any additional complaints during that time period the remaining three week
suspension wat:w'ae :=nposee: and served immediately.
A': err.ative to Suspension
As an alternative, i was that an amendment be made to The Still's Weekly
Amusement pef n t a Band Restriction". Motion to amend the existing
permit trade by Councilor Ress: and seconded by Councilor Rheault. The vote was 2
YES (Rheault, Rossi), i ?�'G ;��':::eo), 2 ABSENT(Perry and Suffriti)
Annotation
r received a phone _:z'.l : V_nc.n` Buriaa, a neighboring resident of The Still on
Monday morning, �uiy 2->, 20 �. '4e stated as a point of information that on Saturday
evening, July 18, 2015, The Steil had a live band and the music levels were so high
that his wife could not slec Irle stated that the music went until after 2:OOam. He
stated that his w'fe (be:ng a l=nc alone) was afraid to call the police. (If true, sad
commentary)
T his information_ came ius-4.wG ::sys after the sub-committee meeting dated 7/16/15 to
wl. ich these m;i .`es spY'._.- w1h.are the management of The Still emphatically stated
that every error: ,vou: ' be r_acie e keep the music levels acceptable; Ms. Masler, the
Manac,e.•, even inivited in:.Tnbsrs 3fthis committee to attend.
d az£rt�rr:rn.: "r��:ic:t tc :dj tivas moved and seconded.
Respecifull}'
Robert E. Rossi, Cr:air
Adrn]n'strativ
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
ATED MINUTES OF THE ADMINISTRATIVE COMMITTEE MEETING
May 21,2015
Members Present: Robert Rossi—Chair
Donald Rheault-Vice Chair
Anthony Suffriti
PRESIDENT Dennis Perry
Christopher C. Johnson Absent: Joseph Mineo
VICE PRESIDENT Also in attendance: Kenneth Largay,Howard Safford,Chief Eric Gillis,Steven
Dennis J. Perry Bouniconti, Attorney for The Still, Vincent Burba, Linda Fournier,
Allyson Ceccini,Becky Maslar
COUNCILORS
George Bitzas
Cecilia P. Calabrese Called to Order: Meeting was called to order by Chairman Rossi at 7:00pm in the
Paul C. Cavallo Peirce Room at the Agawam Public Library
James P. Cichetti
Gina M. Letellier
Joseph Mineo AGENDA
Donald M. Rheault
Robert E. Rossi
Anthony R. Suffriti 1. Continued discussion of the activities and complaint regarding the Weekly
Amusement License for The Main Street Still, Inc.,858 Suffield Street,Agawam,
MA
ADMINISTRATIVE
ASSISTANT The first order of business was.to review the proceedings of the first meeting 'of this
Barbara A Bard committee, dated May 5, 2015. Specifically, that there was a consensus drawn from the
evidence presented through oral testimony and other documentation, that the activities at The
Still has created excessive, unnecessary, or unusually loud noise which either annoys or
disturbs the reasonable quiet of its neighbors. Further, it has been established that this
condition has existed for several months with the knowledge of that the management of The
Still has allowed this activity to continue without any reasonable action to contain it despite
assurances made to the Liquor Commission to do so. (Reference oral testimony and Liquor
Commission documentation submitted, dated December 17, 2014 and attached hereto) Becky
Maslar stated that since this committee last met she contacted a company, Sound Seal that
specializes in Acoustical Barriers. The company conducted tests that measure Octave Band
Frequencies and Ms. Maslar is convinced that the procedures used by this company will
significantly reduce the octave levels and thereby resolve this issue. (test results attached)
Steve Bouniconti, attorney for The Still, stated that he has been working with management to
resolve this issue. Further, he believes this matter can be resolved within six to eight weeks,
the approximate time it takes to have these barriers and curtains custom made and installed and
asked the Committee for the allowance of this time to complete this work believing it may very
well be a permanent solution to the problem. Mr. Vincent Burba, a neighboring resident and
TELEPHONE complainant, spoke and did agree with the action planned by The Still, and also agreed to
(413) 726-9716 allow further sound testing to be conducted from his property.
FAX This committee has agreed to extend the necessary time as requested by Attorney Bouniconti
(413) 726-9717 with the stipulation that The Still maintain status reports on the progress of the barriers.
EMAIL Summation:
bbard@agawam.ma.us
Based upon the foregoing,this committee has compared and considered all of the evidence that
has been put before us, we (the Administrative Committee) believe to a moral certainty, that
The Still did violate the provisions of the Agawam Town Code Section 121.1, further, with
that knowledge continue or cause to continue to create excessive, unnecessary, or unusually
loud noise which either annoys, disturbs the reasonable quiet of others within the Town of
Agawam. Accordingly, it is the recommendation of this committee that a fine of$200.00
dollars be imposed on the management of The Still and that a one week suspension of their
Weekly Amusement Permit be imposed at a time and date to be determined by the City
Council.
Further, it is the recommendation of this committee that this action be continued for a period of
six weeks to allow The Still an opportunity to correct and resolve this issue as they requested.
This continuance is with the understanding that this violation shall count as a first offense
under the provisions of Section 121 of the Agawam Town Code. Additionally, if The Still is
charged with any related issue within the period of this continuance, this continuance shall be
revoked and any subsequent related charges shall be credited as a second offense. By
accepting this continuance, The Still understands that there is an admission that there are facts
sufficient to warrant a charge of guilty for said violations. The term of the continuance will be
for a period of six weeks from the date of notification and expire going forward for six weeks.
The Still must successfully complete the agreed terms and conditions of this continuance as set
forth below. Conditions not successfully completed upon the expiration of this continuance
shall be grounds to void this agreement and the sanctions as stated above shall take affect
forthwith.
Conditions:
(1)No new charges related to this issue during the life of this continuance.
(2) Successful completion of sound barriers and/or any other action that would reduce the
octave to a reasonable level.
(3) Reporting to the City Council is required with weekly status and update reports on the
progress of the sound proofing.
(4)The City Council reserves the sole discretion to extend this agreement.
Note: Change in Reporting Procedures: it is the recommendation of this committee that any
future violations of the Town Codes that require police action should be noted in the officer's
report with a copy of that report being sent to the appropriate department(s).
This protocol has been discussed with the Police Chief
Annotation: On final approval and/or disposition of the Full Council, a letter/notice of the
Council's finding shall be sent to the management of The Still, along with appropriate cc's.
The start (if agreed by Council) of the continuance of the agreement shall be the date of the
notice going forward six weeks,with applicable conditions.
Adjournment: Meeting was adjourned at 7:50pm.
Respectfully submitted,
Robert E. Rossi,Chair
Administrative Committee
i
{
i
NUMBER THE COMMONWEALTH OF MASSACHUSETTS FEE
#*12*# TOWN of AGAWAM $35.00 &
This is to certify that THE MAIN STREET STILL , INC .
NAME
I
858 Suffield Street . Agawam, MA 01001
ADDRESS
IS HEREBY GRANTED A LICENSE
i
For Weekly Amusement - Live Music, Juke Box
f
Automatic Amusement Devices - Pool Tables (2) , Buck Hunter, Trivia
I
Touch, Electronic Darts & Golden Tee
This license is granted in conformity with the Statutes and ordinances relating thereto, and
expires December 31 , 2015 unless-sooner suspende revoked. i
i
January 1 , 20 15
FORM 433 HoaBs a WARREN Richard M.Theroux - Town Clerk
0'PIP M-� (AV
TO-2014-61
ORDER GRANTING OR RENEWING A LICENSE FOR
AN AUTOMATIC AMUSEMENT DEVICE AND WEEKLY AMUSEMENT
PERMIT FOR THE MAIN STREET STILL, INC. LOCATED AT
858 SUFFIELD STREET, AGAWAM, MA 01001
Pursuant to Massachusetts General Laws, Chapter 140, Section 177A and Section 75-1 of
the Code of the Town of Agawam, the Agawam City Council hereby grants or renews a
LICENSE for the listed Automatic Amusement Device and Weekly Amusement Permit
to the following applicant.
Name of Licensee THE MAIN STREET STILL, INC.
Business Address 858 SUFFIELD STREET, AGAWAM, MA 01001
Business Type bar/restaurant
State Purpose for which permit is requested:
(1) Automatic Amusement Device License for six (6) amusement devices
(2) Weekly Amusement Permit for purpose of live music,juke box
r �
Dated this day o , 20I1�'
PER ORDER OF THE AGAWAM CITY COUNCILC14
1Y
I()
Christopher C o on, Council President
(IJ ce - m
C
s Vincent ioscia, City Solicitor CC✓ C' �-
MAYORAL ACTION
qqi ) Jail Cart��,'
Received this day o , 2015 from Council Clerk.
Signed by Council President this day o Cll'lL'4 ��L_ZL_, 2015.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
ame ed, I hereb a prove the passage of the above legislation on this� ? day of
2015.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2015 for the following reasons):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this r 44-) dayof J('UAUCM+015,
to l
TO-2014-{:
Tab= of Igahw= 5ar rtt�
Application for License; Renewal of License
Automatic Amusement Device(s)
s f Cm�e 5 oessl 5ecvrxry N=bC,and Dim of Rutj ar Cr PM—Nxrz)
Idst Pmt=n or di n M c�s1 car
Cie df c--XS 4=hide Sans,!S=ray N=nb==d rm=of But)
Majiar
Bps Adams
Type of Business Bart &a &v m-M—
(=Cb=k D==r[Fnoa af?r=L=and R=mu&W®c aPoo
A{,pti+==)
NrDcyi=#1 j 1 Ta h 1 c-
bisaa -
OW=aftkvica#t
CN—sad Addr=of Owm=or Supplier ofAuW=zzic Ararat Devi)'
j —�y� t, i! �f;� �{y N
N�of D vi=#2 PGD! !(•t u)e ' ALta,�x.•,ua• C f` T-� sb-.;�
(Nr=and Addrasa of Ow=or S appH=of Aumzmdc A,,-- Devisor) �—
Nz=cf Devi=#3, &,g< 00 4 4e-r 1 YYW14ax /7G
t7+vaer afDeviee N3 �—!dt f,1d So� f tv— CT
(Nx=mud Ajd r of 0vu-z or S upp tier of A==P:aa Ames m-1 Device)
Nx=of Deriea A4 _ � U � ` 1�! Uj(J� Mzouis==
of Ow=or Supplicr o(Aumravzic An==crr=DeriQ)
I=3�Zy I'd tfic pains and p=-11 r=s of perjury t'W all of the mfaz=14aa am tEds Ap�n is CL,- amd
to z3y b 1ge and bviie and I&zrtbafy tmdrx t$c Fa in a an d P = OfF=7=5'd»p to
?tifar=rncrns Cru=craf LaWs Clzp= QC, Sau 49 to trsti} wledgt and bent£,have f
i sand paid ail stair and loci( taxes ('mcYadug rcal�°at pcsoaal property taxes}MTMu Gd=d=law,
S ipz= e of D16vidual ar CMTCrate Nate, - Uj No. or Fmi=al ID No.
. by
Corporate C?fic= Teiepdvrae Ntaaber
rnael fAL
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S3.31A S N'DI I: aS-µ�
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The Commonwea.Ith of Massachusetts
Town of Agawam
APPLICATION FOR WEEKLY AMUSEMENT PERMIT
ro THE LICENSING AUTHORITY:
In accordance with the provisions of the Statutes relating thereto, application for a
Weekly Amusement Permit is hereby made: {t
AC-
(Fuji name of person,firm or corporation making application)
(Give ineatlon by street and number)
Type of
Business:
(Include descriptloo of premises) i
State purpose for which.permit is requested:')j Lt Maw C
I certify under the pains and penalties of perjury that all of the information on this Application is
true and correct, to my best knowledge and belief, and I further certify under the pains and penalties of
perjury that pursuant to Massachusetts General Laws Chapter 62C, Section 49A,I, to my best knowledge
and belief,.have filed al]state tax returns and paid all state and local taxes (including real estate aud'persona)
property taxes) required under law. I also certify under the pains and penalties of perjury that I have not
been convicted of any crimes.
Signature of Individual or Corporate game 6oQ$e4.Vo. edetal ID No.
By., Corporate Officer Telephone Number
in e ma i r? s tree t �j c 11 1 , in c . CERTIFICATE FOR USE 'ON FILE
858 Suftl=ic--- 1d Street , Agawam , MA
d (To be completed by the Inspector of Buildings)
Ase the prernises located in the proper zone ? Yes No
Is there a Valid Certificate of Occupancy issued
for the pre es ? Yes No
I_ \
Signature o:r Inspector: �1 Date: 3�
{ -6-) AMUSEMENT DEVICES ZBA approval # 1878 9 / 26 / 201 1
kQUcr-11 =n=r LUP= ien_ (To be completed by the Agawam Police Depanment)
Tav�rP �El. 1 Pool Table
Device: Conforms to Application? Yes �� No
Is the Duce a Video Game? Yes No _
If yes, Does the Device:
Simulate an actual gaming device? Yes No
Involve thatching of random number combinations ? Yes No
]Doja Nfl_ 2 Pool . Table
Device Conforms to Application? Yes No
Is the Duce a Video Game? Yes No
If yes, Does the Device:
Simulate an actual gaming device? Yes No
Involve matching of random number combinations ? Yes No
CP ?Sp_ j Buck Hunter /
Device Conforms to Application? Yes ✓/ No
Is the Device a Video Game? Yes ✓ No
If yes, Does the Device:
Simulate an actual gaming device? Yes No ✓ l
Involve matching of random number combinations ? Yes No L1
TlovirP TMTQ__4 Mega Touch Trivia
Device Conforms to Application? Yes ✓ No
Is the Device a Video Game? Yes No
Ifyes, Does the Device:
Simulate an actual pg.Iavice? Yes No
Involve m�ai�ingifr1hdo`m number combinations ? Yes No
50 o a 11G
EN WITH LICENSE
IN COMPLIANCE WI LICENSE
71,
SO4h�1r
YES NO
Signatilre of Officer:
The ,Main Street. Still , Inc .
g
pnZjs�Dgpartment Inspection: (To be completed by the Agawam Police Department)
DeykP Na. 5 Electronic Dart Machine
Device Conforms to Application? Yes No
Is the Device a Video Creme? Yes No
If yes,Does the Device:
Simulate an actual gaming device? Yes No
Involve matching of random nun7ber combinations ? Yes No
Device No_ 6 Golden Tee
Device Conforms to Application? Yes No
Is the Device-a Video Game? Yes No
If yes,Does the Device: /
Simulate an actual gaming device? Yes No.
Involve matching of random number combinations ? Yes No
i?evice��. -
Device Conforms to Application? Yes No
Is the Device a Video Game? Yes No
If yes,Does the Device:
R—JAre an actual gaming device? Yes No
Involve matching of random number combinations ? Yes No
Device No-
Device Conforms to Application? Yes No-
Is the Device a Video Game? Yes No
If yes,Does the Device:
S iron late an actual gaming device? Yes No
Involve matching of random number combinations ? Yes No
Device Na_
Device Conforms.to Application? Yes No
Is the Device a Video Creme? Yes No
If yes,Does the Device:
Simulate an actual gaming device? Yes No
Involve matching of random number combinations? Yes No
D -
Device Conforms to-Application? Yes No
Is the Device a Video Creme? Yes No
If yes,Does the Device:
Simulate an actual� �fCe' :! Yes No
InvoIvc matching of madam number a�pbinations? Yes No
i 3.
PR EWES, ES IN COMPLIANCE WrM LICENSE
YES NO-
Signature of Officer: Date:
THE COMMONWEALTH OF MASSACHUSETTS
. .1 . EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of Criminal Justice Information SerYlCes
w co+v'+�ax v 200 Arlington Street,Suite 2200,Chelsea,MA 02150,MASS.GOV/CRS
'rEL:617-560-4640{TTY:617-660-4606 1 FAX:617-560-5973 Lss'�•_ .-�
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use or dissemination of this information is prohibited under Massachusetts General Law.
This information is not fingerprint-supported and may not actually relate to the person whose
information you are seeking. individuals who believe there may be a discrepancy within this
record should contact the Department of Criminal Justice Information Services (DCJIS).
This Massachusetts CORI was generated on 10/23/2014 11:35 as the response to your request
submitted on 10/23/2014 11:35 with the following details:
Request Details
Request ID: P14PER-01195611 Request Date/Time: 10/23/2014 11:35
ru
Name: MASL RE ECCA L
A
Date of Birth. SSN:
C)
Sex: Race:
rya
Father's Name: Mother's Name: �}
Response Summary 1„
NO AVAILABLE CORI
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entry of inaccurate, incorrect, or incomplete subject information.
lei J
Request ID:P1 4PER-01 195611
Requested By.MASLAR,REBECCA L !, I DO IS
• • O Enhs'un4 PUbF.t WeNT1ralCk mlorm�tiaC.chupr
Date Generated:10/2312014 11:35
Pagel of 1
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THE COMMONWEALTH OF MASSACHUSETTS
,.i. .C�t
1 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY L^
D IS Department of Criminal Justice Information Services k
f+ 'OIuGkS�rh 200 Arlington Street,Suite 2200,Chelsea,MA 02150,MASS.GOVICJ{S j,
'bl.t rW�
TEL:617-66OA640 I TrY:617-66OA606 i FAX:617-660-5973 �ssYyY
Massachusetts Criminal Offender Record Information (CORI)
The information contained in this response is the result of an exact match of the subject's name,
date of birth, and last six digits of his or her social security number(if applicable), as submitted
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statutorily entitled, based on information provided by the requestor at the time of request.
The information contained in this CORI report is created and provided by entities other than the
DCJIS. The DCJIS is not responsible for incorrect or incomplete information contained herein,
or for any omissions from the contributing entities.
This CORI report is confidential. Any unauthorized access to, or dissemination of this document
or the information contained therein is subject to the civil penalties set forth in M.G.L. c. 6,
§168, and the criminal penalties set forth in M.G.L. c. 6, §178. Civil penalties include suspension
or revocation of CORI access and monetary fines up to $5,000 for each violation. Criminal
penalties include monetary fines up to $50,000, incarceration in a house of correction for up to
one year, or both a fine and incarceration.
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Date Generated:10/23/2014 11:35 Page:2 d 2
THE COMMONWEALTH OF MASSACHUSETTS
9"" EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY' 1
US Department of Criminal Justice Information Senices
EM IV�r 200 Arlington Street,Suite 2200,Chelsea,MA 02150,MASS.GOVlCJIS
TEL:617-660-46401 TTY:617-660-4606(FAX:617-660-5973
Massachusetts Criminal Offender Record Information (CORI)
REBECCA MASLAR
47 FOREST RIDGE LANE
AGAWAM MA 01001 0
G
To Whom It May Concern: �?
The Massachusetts Department of Criminal Justice Information Services (DCJIS)has conducte�L
a computerized search of the Criminal Offender Record Information database. N)
The attached is a true copy of matchin information from the CORI database for MASLAR,
REBECCA L and date of bi
Signed under the penalties of perjury this 23rd day of October 2014.
� DP
Celeste Edwards
Massachusetts-Department Criminal Justice Information Services
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Reveaue to determine whe;.her you have me=_ Lax riling or tax payment obligations. Ljcen.sees
who 152 to correc, their non-ftiing or dcEncnl=cv will_be_subie�,_to iicc15e susvension or
revoczno.t. This request is made under he a_.-horiry of ass.•GL. c, b?C s, 49.E
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AGAWAM CITY COUNCIL
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AGAWAM, MA. 01001
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LAW OFFICES OF
STEPHEN J. BUONICONTI
rrrrwrr rrsrwrrwrrrw�.rrw wrr rrwrrawrrrrra wwwr rrwrw rr rwwrrr rwwwwrwr
273 STATE STREET
SPRINGFIELD, MA 01103
PHONE (413) 455-1730 EXT 206
FACSIMILE (413) 455-1594
EMAIL: steveb.lawoffice@gmail.com
September 30, 2015
Agawam Town Hall
Agawam City Council
36 Main Street
Agawam, MA 01001
Re: The Still Bar and Grill Hearing
Dear Councilor:
Please treat this letter as a follow up to my letter dated September 17. 2015 regarding the City
Council's hearing on The Still Bar and Grill, Inc. (hereinafter"The Still") entertainment license.
Attached are the results of a sound test conducted by Sound Seal at the Still on September 18,
2015. Please note the reduction of sound levels at the exterior back door area of the
establishment. At 63Hz, the sound level was reduced from 49 decibels to 37 decibels. At 500 Hz.
61 to 47. The average reduction of all frequencies was 15 decibels.
I have also attached for your review a copy of the Enfield Noise Ordinance. Specifically on page
6 you will find the noise levels under the ordinance. 45 decibels is the standard for nighttime
business or residential use. That level is also the community standard for virtually every other
Connecticut community with a noise ordinance.
In almost all but the loudest levels,the measurement by Sound Seal was under 45 decibel&
below the Connecticut standard. Moreover, the testing was performed at such variously high
levels that one would get nauseous remaining around the sound after just a few minutes. The
sound levels during the performance of a band or DJ are lower. And still most of the decibel
readings near the back door were under 45 decibels.
ill'tespe Oully ask that you take all this information into account and recognize that M6..Maslar
has honored her'word to do what she can to be a good neighbor to the businesses and residents 1w ?w
{ the:-area.
Very truly yours,
f
Stephen J. Buoniconti
ENFIELD TOWN COUNCIL
ORDINANCE
A PROPOSED ORDINANCE AMENDING CHAPTER 6A,
SECTION 6A-1 THROUGH SECTION 6A-10
OF THE ENFIELD TOWN CODE ENTITLED NOISE
ENFIELD CODE
Chapter 6A
NOISE
Sec. 6A-1. Declaration of policy
Excessive noise must be:controlled by the town to protect, preserve and promote
the public health, safety and welfare. The town council recognizes the fact that
people have a right to and should be ensured an environment free from excessive
sound and vibration that may jeopardize their health, safety or welfare.
Sec. 6A-2. Definitions
As used in this chapter, the following words and terms shall have the meanings
hereinafter set forth:
Background noise shall mean noise which exists at a point as a result of the
combination of many distant sources,individually indistinguishable. In statistical
terms, it is the level which is exceeded ninety per cent(90%) of the time(L90) in
which the measurement is taken.
Business zone shall mean those areas so designated under the zoning ordinance of
the town.
Chief of Police shall mean the duly appointed Chief of Police of the town or his
designee.
. I
Construction shall mean the assembly, erection, substantial repair, alteration,
demolition, or site-preparation for or of public or private rights-of-way, buildings
or other structures,utilities or property.
Day-time hours shall mean the hours between 7:00 a.m. and 9:00 p.m., Monday
through Saturday,and the hours between 9:00 a.m.and 9:00 p.m. on Sunday.
Decibel. shall mean a unit of measurement of the sound level, the symbol for
which is dB.
Emergency shall mean any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate action.
Excessive noise shall mean any sound, the intensity of which exceeds the
standards set forth in section 6A-6 of this chapter.
Impulse noise shall mean sound of short duration, usually less than one second,
with an abrupt onset and rapid decay.
Intrusion alarm shall mean a device with an audible signal which, when activated,
indicates intrusion by an unauthorized person.
Industrial zone shall mean those areas so designated under the zoning ordinance
of the town.
Lyo shall mean the A-weighted sound pressure level exceeded ninety per cent
(90%)of the time period during which measurement was made.
Motor vehicle shall mean a vehicle as defined in Connecticut General Statutes
§14-1(47), Revision of 1958, as amended.
Nighttime hours shall mean the hours between 9:00 p.m. and 7:00 a.m. Sunday
evening through Saturday morning, and between 9:00 p.m. and 9:00 a.m.
Saturday evening through Sunday morning.
Noise level shall mean a frequency weighted sound pressure level as measured
with a sound level meter using the A-weighting network. The level so read is
designated dBA.
2
Person shall mean any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency, or political or administrative
subdivision of the state or other legal entity of any kind.
Premises shall mean any building, structure, land, or portion thereof, including all
appurtenances, owned or controlled by a person.
Property maintenance equipment shall mean all engine or motor-powered tools
and equipment used occasionally in the repair and upkeep of exterior property and
including, but not limited to, lawn mowers, riding tractors, wood chippers, power
saws,leaf blowers.
Public emergency sound signal shall mean a device either stationary or mobile,
producing audible signal associated with a set of circumstances involving actual
or imminent danger to persons or damage to property which demands immediate
action.
Public facility maintenance shall mean all activity related to the clearing,
cleaning, repair and upkeep of public roads, sidewalks, sewers, water mains,
utilities, and publicly owned property.
Recreational vehicle shall mean any internal combustion engine powered vehicle
which is being used for recreational purposes.
Residential zone shall mean those areas so designated under the zoning ordinance
of the town.
Sound shall mean a transmission of energy through solid, liquid or gaseous media
in the form of vibrations which constitute alterations in pressure or position of the
particles in the medium and which, in air, evoke physiological sensations,
including,but not limited to, an auditory response when impinging on the ear.
Sound level meter shall mean an instrument used to measure sound pressure
levels. A sound level meter shall conform, as a minimum, to the American
National Standards Institute's operational specifications for sound level meters
ANSI S1.4-1983 (R 1997)(Type 1).
Sound pressure level shall mean twenty (20) times the logarithm to the base ten
(10)of the ratio of the pressure of a sound to the reference pressure of twenty (20)
micro Pascals,expressed in decibels(dB)units.
3
Town manager shall mean the duly appointed town manager of the town or his
designee.
Sec. 6A-3. ExcIusions
This chapter shalt not apply to noise emitted by or related to:
(a) Natural phenomena.
(b) The unamplified sound made by any wild animal.
(c) A bell or chime from any building clock, school or church.
(d) A public emergency sound signal.
(e) Warning .devices required by OSHA or other state or federal safety
regulations.
(� Farming equipment or farming activity.
(g) An emergency.
(h) Snow removal.
See.6A-4. Exemptions
The following shall be exempt from this chapter subject to the special conditions
noted:
(a) Noise created by the operation of properly maintained and properly
functioning property maintenance equipment during day-time hours.
(b) Noise generated by any construction equipment operated during day-time
hours.
(c) Noise created-by any recreational activities which are sanctioned by the
town, including, but not limited to, parades, sporting events, concerts and
firework displays. Any equipment related to such recreational activities
shall be properly maintained and properly functioning.
4
(d) Noise created by blasting provided that the blasting is conducted between
8:00 a.m. and 5:00 p.m. local time and provided that a permit for such
blasting has been obtained from state or local authorities.
(e) Noise created by refuse and solid waste collection, provided that such
activity is conducted between 6:00 a.m. and 10:00 p.m.
(f) Noise created by a properly maintained and properly functioning fire or
intrusion alarm which, from time of activation of the audible signal, emits
noise for a period of time not exceeding ten (10) minutes when such alarm
is attached to a vehicle or thirty(30) minutes when attached to any building
or structure.
(g) Noise created by public facility maintenance during day-time hours.
Sec. 6A-5. Noise level measurement procedures
For the purpose of determining noise levels as set forth in this chapter, and as set
forth in Connecticut Regulations §22a-69-4, the following procedures shall be
applicable:
(a) A person conducting sound measurements shall have been trained in the
techniques and principles of sound measuring equipment and
instrumentation.
(b) Instruments used to determine sound level measurements shall be sound
level meters as defined in this chapter.
(c) The following steps shall be taken when preparing to take sound level
measurements:
(1) The instrument manufacturer's specific instructions for the
preparation and use of the instrument shall be followed.
(2) Measurements to determine compliance with section 6A-6 of this
chapter, in those cases where a receptor is an abutter to the emitter,
shall be taken at a point that is located more or less one foot
beyond the boundary of the emitter's premises and at a point within
the receptor's premise. In those cases where the receptor is not an
5
abutter to the emitter, measurements to determine compliance with
section 6A-6 of this chapter shall be taken at a point that is located
more or less one foot within the boundary of the receptor's
premises.
(3) The person conducting the testing shall prepare a written report to
include,but not necessarily be limited to, such information as date,
time, location, observation of conditions of the environment such
as identification of noise source, weather, traffic and other
pertinent data.
(d) The' Zoning Enforcement Officer is charged with assisting in training
efforts and with assisting emitters in their efforts to comply with the
standards set forth herein.
(e) The Director of Planning and Community Development and the Zoning
Enforcement Officer are charged with the review of development proposals
during the administrative review process to determine the potential for
violation of this chapter and to assist potential emitters in their efforts to
comply with the standards set forth herein.
Sec.6A-6. Noise levels
(a) Noise levels. It shall be unlawful for any person to emit or cause to be
emitted any noise beyond the boundaries of his premises in excess of the noise
levels established in this chapter.
(b) Noise level standards. No person shall emit noise exceeding the levels
stated herein.
ZONE IN WHICH RECEPTOR IS LOCATED
Resi- Resi-
dential dential
Zone in Day-time night-
Which Industrial Business hours time
Emitter is (dBA) (dBA) NBA) hours
located dBA
Industrial 70 66 61 51
Business 62 62 55 45
Residential 162 55 1 55 145
6
(c)Background noise and impulse noise.
(1) In those individual cases where the background noise levels caused by
sources not subject to this chapter exceed the standards contained
herein, a source shall be considered to cause excessive noise if the
noise emitted by such source exceeds the background noise levels by
five (5)dBA,provided that no source subject to this chapter shall emit
noise in excess of eighty (80) dBA at any time, and provided that this
subsection shall not be interpreted as decreasing the noise level
standards of this chapter.
(2) No person shall cause or allow the emission of impulse noise in excess
of eighty(80)dB peak sound pressure level during night-time hours.
(3) No person shall cause or allow the emission of impulse noise in excess
of one hundred(100) dB peak sound pressure level at any time.
(d) Short Term Noise. In measuring compliance with the Noise Level
Standards, the following short term noise level excursions over the noise level
standards established by this chapter shall be allowed, and measurements within
these ranges of established standards shall constitute compliance therewith:
Allowable levels above standards Time period of such levels
(dBA) (minutes/hour)
3 15
6 7
8 5
(e) Existing Noise Sources. Existing noise sources constructed between
January 1, 1960 and June 15, 1978 shall be provided a permanent five (5) dBA
maximum noise level allowance over levels otherwise herein required regardless
of subsequent changes in ownership or facility utilization processes at the location
of the existing noise source. Existing noise sources constructed prior to 1960
shall be provided a permanent ten (10) dBA maximum noise level allowance over
levels otherwise herein required regardless of subsequent changes in ownership or
facility utilization processes at the location of the existing noise source.
7
(f) Motor vehicle noise.
(1) All motor vehicles operated within the limits of the town shall be
subject to the noise standards and decibel levels as set forth in the
regulations of the State of Connecticut Department of Motor Vehicles,
Section 14-80a-4a entitled "Maximum Permissible Noise Levels For
Vehicles."
(2) No sound amplifying devices on or within-motor vehicles shall emit
noise in excess of the noise levels as specified in this chapter.
(g) Recreational vehicle noise. No person shall create or cause to be created any
unreasonably loud or disturbing noise due to the operation of a recreational
vehicle. A noise shall be deemed to be unreasonably loud and a violation of this
chapter when the noise so generated exceeds the noise level standards in this
chapter.
(h) Existing state lax. Nothing in this chapter shall be construed to limit the
powers of the police to enforce applicable state laws, including,but not limited to,
breach of the peace,motor vehicle noise, or recreational vehicle noise.
Sec.6A-7. Enforcement
Violations of this chapter shall be enforced by the Chief of Police. The Chief of
Police may develop procedures consistent with this chapter, including, but not
limited to: metering,training, and issuance of violation notices.
Sec. 6A-8. Violations and penalties
(a) Any person found to be in violation of any sections of this chapter for the
first time, who is willing to correct the violation, shall be given a two-week
grace period in which to correct the violation., The Chief of Police shall
refer the person found to be in violation to the Director of Planning and
Community Development and the Zoning Enforcement Officer to receive
direction for corrective action. Provided all necessary applications related
to the corrective action are filed with the relevant land use agency within
the two-week grace period, the Town Manager may extend the grace period
pending the review of the applications.
(b) Any person found to be in violation of any sections of this chapter: after the
grace period referred to in subsection(a); or, who is unwilling to correct the
s ,
violation; or, for the second or successive times,shall be fined in an amount
not to exceed $50 per day that such violation continues. The Chief of
Police shall continue to meter the violation.
(c) In the event that the violation is not corrected and/or the fine is not paid,the
Chief of Police may request that the Town. Attorney determine appropriate
legal or equitable action or proceeding before the Superior Court against the
person or persons responsible for the violation. The remedies sought may
include, but are not limited to, judicial enforcement of the fines and/or
injunctive relief
Sec. 6A-9. Variance
(a) Any person residing or doing business in Enfield may apply to the town
manager for a variance from one or more of the provisions of this chapter
which are more stringent than the Connecticut Department of
Environmental Protection's regulations for the control of noise, provided
that the applicant supplies all of the following information to the town
manager at least twenty(20)days prior to the start of said activity:
(1) The location and nature of activity.
(2) The time period and hours of operation of said activity.
(3) The nature and intensity of the noise that will be generated.
(4) Any other information required by the town manager.
(b) No variance from these regulations shall be issued unless it has been
demonstrated that:
(1) The proposed activity will not violate any provisions of the
Connecticut Department of Environmental Protection regulations.
(2) The noise levels generated by the proposed activity will not constitute
a danger to the public health.
(3) Compliance with this chapter constitutes an unreasonable hardship on
the applicant.
9
. C
(c) The application for variance shall be reviewed and either approved or
rejected at least five (5) days prior to the proposed start of said activity.
The approval or rejection shall be in writing and shall state the condition of
approval, if any,or the reasons for rejection.
Sec. 6A-10. Severabiiity
All provisions of the zoning regulations of the town, which are more stringent
than those set forth herein, shall remain in force. If, for any reason, any work,
clause, paragraph or section of this chapter shall be held to make the same
unconstitutional or superceded by any state law or regulation, this chapter shall
not thereby be invalidated and the remainder of the chapter shall continue in
effect.
Proposed By: By Request
Approved By: Scott A. Shanley,Town Manager
Reviewed By: Christopher W.Bromson,Town Attorney
Proposal Introduced to Council: December 21, 1998
Date for Public Hearing Set: April 16,2001
Proposed Ordinance Posted: April 17,2001
Newspaper Warning: April 28,2001
Council Holds Public Hearing: May 7,2001
Date of Final Passage by Council: May 7,2001
Date Published:
Effective Date:
K:MNS/Enfield Noise ordinance and Set Up/Passed,May 7,2001
10
� • 4 •
SOUND SEAL'
OONTNOLLINO N0356 IN YYLRV YNVIRONMONT
Project: The Still Date: 9/18/2015
Location: Agawam,MA Time: 11:00 AM
Analyst: Daniel O'Brien Notes:
Octave Band Spectrum Measurements and Gkuiatkxts,dB
Location A7 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz $000 Hz Overall
5/12115 Restaurant Interior at dance floor,vol setting al. Y 61 65 72 80 82 81 82 79 88
5/12/15 Restaurant interior at dance floor,vol setting N2. Y 80 87 83 85 85 80 78 81 91
5/12/15 Restaurant interior at dance floor,vol setting#3. Y 87 91 84 85 87 82 81 77 95
5/12/15 Restaurant exterior,by back door,vol setting 43. Y 49 64 58 61 58 53 48 41 fig
9/18/15 Restaurant interior at dance floor. Y 62 76 79 85 89 85 86 83 92
9/18/15 Restaurant exterior,by back door,exhaust fan audible. Y 40 50 57 62 61 55 57 48 66
9/18/15 Restaurant exterior,by back door,exhaust fan OFF. Y 1 37 41 45 47 48 43 40 43 53
Notes:
1. For 9/18/15 measurements,PA system is playing at lower level.
2. Noise levels outside back door are lower for 9118/15 measurements when compared to 5/12/15 levels.
U.S. Postal SermiceT.,
CFYRTIFiED MAIL,., RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
For deli_v_ery information visit our wo6sito at wrvw.usp_s.c_om.
-. +Or ICsAL US
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PS Form 3BDD.August 2D06 Sec Re�rrse fer Insln�cUon.
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AGAWAM_ CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 010.01
TE •�'P
Sent via first class mail and certified mail, return receipt requested,postage
prepaid
September 11, 2015
PRESIDENT The Main Street Still, Inc.
Christopher C. Johnson 858 Suffield Street
VICE PRESIDENT Agawam, MA 01001
Dennis J. Perry
Re: TR-2015-42 - A RESOLUTION TO MODIFY, SUSPEND AND/OR
COUNCILORS REVOKE THE WEEKLY AMUSEMENT PERMIT/LICENSE OF THE
George Bitzas MAIN STREET STILL, INC. LOCATED AT 858 SUFFIELD STREET,
Cecilia P. Calabrese
Paul C. Cavallo AGAWAM, MA
James P• Cicheni
Gina M. Letellier To Whom It May Concern:
Joseph Mineo
Donald M. Rheault
Robert E. Rossi Please be advised that pursuant to M.G.L.. c. 140 1 183A, the
Anthony Suffriti Agawam•City Council is considering modifying, suspending and/or revoking
your Weekly Amusement Permit/License for the premises located at 858
Suffield Street in Agawam. The Council will afford you the opportunity for a
ADMINISTRATIVE hearing at its regular meeting on October S.2015.
ASSISTANT
Barbara A. Bard
Please do not hesitate to contact me with any questions.
Very truly yours,
Christoph .Johnson
City Counc resident
CCJ/bb
cc: Full Council
Mayor/Solicitor
TELEPHONE Attorney Stephen J. Buoniconti
(413) 726-9716
FAX
(413) 726-9717
EMAIL
bbard@agawam.ma.us
TR-2015-42
A RESOLUTION TO MODIFY, SUSPEND AND/OR REVOKE
THE WEEKLY AMUSEMENT PERMIT/LICENSE OF
THE MAIN STREET STILL, INC. LOCATED AT
858 SUFFIELD STREET, AGAWAM, MA
WHEREAS, on January 5, 2015, the City Council granted The Main Street Still, Inc.
(hereinafter The Still) a Weekly Amusement Permit/License for the premises located at 858
Suffield Street in Agawam for live music and their juke box (see TO-2014-61);
WHEREAS, the Administrative Sub-Committee (hereinafter the Committee) of the
Agawam City Council met on May 21, 2015 regarding noise complaints emanating from The
Still, and as a result of that meeting there was an understanding that the permit/license holder
(The Main Street Still, Inc.) had created excessive and unreasonable noise that did disturb the
peace and quiet of members of the community. At that meeting, The Still asked for a
continuance of six weeks in order to correct certain conditions that could possibly resolve the
noise pollution problem; specifically to install soundproofing and take whatever action was
necessary to lower or eliminate sound leakage during live band events, The continuance was
agreed upon by the Committee with the conditions that The Still remain free of further noise
complaints and that The Still would give weekly updates on their progress to the Committee
daring the continuance period;
WHEREAS, The Still did not provide weekly updates on their progress as agreed and it
was discovered that they did not complete soundproofing measures as promised during the
promised six week period. Additionally, there was at least one additional complaint made of
loud noise emanating from The Still that required Police Response on or about 6/20/2015;
WHEREAS, the Committee has recommended that the City Council suspend the Weekly
Amusement Permit/License of The Still based on the noise complaints and their failure to abide
by the conditions agreed upon at the May 21, 2015 Administrative Sub-Committee meeting;
WHEREAS, it is in the best interests of the City of Agawam to insure that the holders of
Weekly Amusement permits/licenses operate so as to not cause excessive and unreasonable
noise, and further that they abide by agreed upon conditions imposed by the Administrative
Sub-Committee of the City Council; and
NOW THEREFORE, BE IT RESOLVED that after a hearing in accordance with M.G. L. c.
140 § 183A, the Agawam City Council may modify, suspend and/or revoke the Weekly
Amusement Permit/License held by The Main Street Still, Inc. at the premises located at 858
Suffield Street in Agawam.
Dated this day of . 2015.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President, Agawam City Council
APPR VED AS TO FO AND LEGALITY
a
Vincent GiosciaV Solicitor
AGAWAM CITY COUNCIL
36.MAIN STREET
AGAWAM, MASSACHUSETTS 01001
MINUTES OF THE ADMINISTRATIVE COMMITTEE MEETING
July 16;'2015
Members Present: , Robert Rossi--Chair
Donald Rheauit—Vice Chair
PRESIDENT Joseph Mineo
Christopher C Johnson
Absent: Anthony Suffriti and Dennis Perry
VICE PRESIDENT
Dennis J. Perry Also Present: Attorney Steven Bouniconti, Rebecca Masler(Still
COUNCILORS Representative), Vincent Burba (neighboring
George Bitzas complainant), Linda Fournier(neighboring
Cecilia P. Calabrese complainant), and Lorraine Samuelson
Paul C. Cavallo
James P. Cichetti
Gina M. Letellier Called to Order: Meeting was called to order by Chairman Rossi at
Joseph Mineo
Donald M. Rheault 6:32pm in the Peirce Roorr. at the Agawam Public Library
Robert E. Rossi
Anthony R. Sujftili AGENDA
ADMINISTRATIVE 1. Continued discussion of the activities and complaint regarding the
ASSISTANT Weekly Amusemer_t License for The Main Street Still, Inc., 858
Barbara A Bard Suffield Street,Agawam,MA
The object of this meeting is to take whatever action deemed appropriate by the
committee based on previos meetings, findings and conditions.
Discussion
The meeting was opened with dialogue concerning the continuance of the conditions
that were set and agreed upo= by both The Still and the Committee included in the
minutes of the previous meeting dated May 21, 2015, and to take whatever action the
Committee deemed appropriate. Specifically there was an understanding at the
previous -meeting by. the parties that there were facts sufficient to believe that
violations of the City's Ordnance Section 121 did take place at The Still which
created excessive and unreas3nable noise that did disturb the peace and quiet of
members of the comma-ity. With this understanding, The Still asked for a
continuance of six weeks -T, older to correct certain conditions that could possibly
TELEPHONE resolve the noise pollution proNem; specifically to install soundproofing and take
(413) 726-9716 whatever action necessary tL lower or eliminate sound leakage during live band
segments. The con*inuance was agreed upon by the Committee with the conditions
FAX(413) 726-9717 that The Still remains fee of further complaints and give weekly updates on their
P
rogress to the Committee darn_ the sia week continuance. The Still however did not
EMAIL provide weekly updates on their progress as agreed and it was discovered that they did
bbard@agawam.ma.us not complete soun#roofrt measures as promised. Additionally, there was one
additional complaint irade'o !oud mise coming from The Still that required Police
Response dated 6/21V/2015.
Although The Still did not specifically follow the conditions of their agreement, they
did manage to curtail much of the noise levels. According to Mr. Burba, a
complaining neighbor, the problems resulting from noise coming from The Still have
improved considerably. The one remaining issue appears to be on Saturday evenings
when there are live bands. The Still states that they are confident that this issue can be
addressed as we'•1.
Summation
This was a very difcu;t case for this Committee to examine. There is no doubt that
there was loud and unreasonable noise coming from The Still and that noise did
disturb the peace and quiet of their neighbors that took place over a great deal of time.
The evidence and testimony submitted establishes that fact. However, the lack of
enforcement by the Town: of existing Town Ordinances and consistent reporting
procedures makes it axtrem.2s y . fficult to reasonably address this issue without being
unnecessarily prejudicial.
There was infor -.aticn i3rovic:ed that suggests that the police did not always take
immediate action when raspondirg to complaints, and in some instances telling the
complainants teat ::here is icru i.ng that they "can or will" do because The Still has a
Permit for live-:.usi.. A dditionw1ly,the management of The Still has testified that they
were not always made awa_e of the calls for nuisance noise by the police. It is
believed that this S-nat*er co lL_ '-cave been handled much differently and with much
greater success if .•ha Police hand enforced the law and correctly reported these
infractions. Hovveve_, tl;e lac:< c.i enforcement does not deter from the fact that there is
reason; to conclude beyOne. a r a?sonable doubt that the noise levels at The Still were at
times unreasonable and exc:,ssiva and did disturb the peace and quiet of members of
the community over, a great dle-a', cf time. There is also reason to believe with certainty
that the manage-nen-z cr : z' Still had been made aware of the excessive noise
complaints and Liiad_o con_ec_ _rerz.
There was infarrnaticn rov:de? that the management of The Still promised their
coope:-ation and niada a.;surances to make every effort to contain the music to
acceptable levels a._ = resui_ 3` ;revious complaints. However, the management has
failed to follow rtro_:glh or =-:c;e promises and assurances to take corrective measures
dating back over a year. The i anager of The Still has made similar promises and
assurance of ccopemntion ro this zornmittee as documented in the minutes of the sub-
commi«ee meet rsg dated '/?a; 2_, 2015. To date, there appears to be no solution in
sight corning f omm Tl_e STiI 4 ary Other source.
Please note. it would appea.- tl.a_ this or similar problems will never go away until
there is a clear ma_ t':is community is going to stand firm in applying
equal protectic,-_to ail :.s ca:_e and a willingness to enforce our laws
Recommendation
Based c:n the fa:gc.: g, .1 _h Mee is in general agreement that the information
provided is true to a. reasonable certainty. However, the Committee is split in its
decision for the type of action that should result. Councilors Rossi and Rheault
suggest that a two week revocation of the Weekly Amusement Permit for The Still be
imposed for the Tars: offense ,ml` a four week revocation be imposed for the second
and subsequent o,:Tzr-se Jat.—d '..nee 20, 2015, which is enjoined with the failure to
comply with the ag,•ead temps _c, conditions as set forth at the May 21,2015 meeting,
Councilor Mineo opposed this suggestion. The vote was 2 YES (Rheault, Rossi), 1
NO (Mineo), 2 ABSE-NT(PeIny and Suffriti)
Motion in favor of the above revocation made by Councilor Rossi and seconded by
Councilor Rheault. The vote was 2 YES (Rheault, Rossi), 1 NO (Mineo), 2 ABSENT
(Perry and Suff-iti;
The first suspension is to co:nirnence at a time and date to be determined and to run
two weeks consecut`.,J_ly.
The second suspension is to be a four week suspension of which only one week is to
be served with the remalmna rnree weeks suspended for a period of six weeks. If
there are nc add;Fiona' co; s:'c: is during that period then the remaining three week
suspension would be :'topped arid no further action would be necessary. If, however,
there are any additional coartp''aints during that time period the remaining three week
suspens on wow - :-mpom6 and served immediately.
r_ative to Suspension
As an a':-te-nativ3, i, was that an amendment be made to The Still's Weekly
Amusement per::-`, acdi-c 'L ;"e Band Restriction". Motion to amend the existing
permit made by Couf.:•iior Ross: and seconded by Councilor Rheault. The vote was 2
YES (Rheault, Rossi), i NO i i::ec;, 2 ABSENT(Perry and Suffriti)
r_nnotation
I received, a prone Vincent; Burba, a neighboring resident of The Still on
Monday _rornin , my 23, 2313. ° e sated as a point of information that on Saturday
evening, July 18, 2,15, T1 e St is had a live band and the music levels were so high
that his wife could nz s1ec�. ;tee stated that the music went until after 2:00am. He
stated that his wife (being a nme alone) was afraid to call the police. (If true, sad
conirnentary),
This information:care ust:W3 :�ys after the sub-committee meeting dated 7/16/15 to
wl-_ich Chase mi-_ .es zpp s_,, >v,:e:e the rnaragement of The Still emphatically stated
*!!at eve,y effort ti:ou:d bn r_.Gce to keep the music levels acceptable; Ms. Masler, the
Manage.-, ever: inv-teG rlG.rry i'v:s of this committee to attend.
Adjaur•nmer,. CYf r: :t`c-- w... vvEs moved and seconded.
Respectfully
Rober:E. Rossi,
A^rt-?inst=Grre C:,._.-.__gee
Facq
AGAWAM CITY COUNCIL
36 MAIN STREET '
AGAWAM, MASSACHUSETTS 01001
ATED MINUTES QF THE ADMINISTRATIVE COMMITTEE MEETING
May 21,2015
Members Present: Robert Rossi—Chair
Donald Rheault-Vice Chair
Anthony Suffriti
PRESIDENT Dennis Perry
Christopher C. Johnsan Absent: Joseph Mineo
VICE PRESIDENT Also in attendance: Kenneth Largay,Howard Safford,Chief Eric Gillis,Steven
Dennis J. Perry Bouniconti, Attorney for The Still, Vincent Burba, Linda Foumier,
Allyson Ceccini,Becky Maslar
COUNCILORS
George Bitzas
Cecilia P. Calabrese Called to Order: Meeting was called to order by Chairman Rossi at 7:00pm in the
Paul C. Cavallo Peirce Room at the Agawam Public Library
James P. Cichetti
Gina M. Letellier
Joseph Mineo AGENDA
Donald M. Rheault
Robert E. Rossi
Anthony R. Suffriti 1. Continued discussion of the activities and complaint regarding the Weekly
Amusement License for The Main Street Still,Inc.,858 Suffield Street,Agawam,
MA
ADMINISTRATIVE
ASSISTANT The first order of business was.to review the proceedings of the fast meeting 'of this
Barbara A. Bard committee, dated May 5, 2015. Specifically, that there was a consensus drawn from the
evidence presented through oral testimony and other documentation, that the activities at The
Still has created excessive, unnecessary, or unusually loud noise which either annoys or
disturbs the reasonable quiet of its neighbors. Further, it has'been established that this
condition has existed for several months with the knowledge of that the management of The
Still has allowed this activity to continue without any reasonable action to contain it despite
assurances made to the Liquor Commission to do so. (Reference oral testimony and Liquor
Commission documentation submitted, dated December 17, 2014 and attached hereto) Becky
Maslar stated that since this committee last met she contacted a company, Sound Seal that
specializes in Acoustical Barriers. The company conducted tests that measure Octave Band
Frequencies and Ms. Maslar is convinced that the procedures used by this company will
significantly reduce the octave levels and thereby resolve this issue. (test results attached)
Steve Bouniconti, attorney for The Still, stated that he has been working with management to
resolve this issue. Further, he believes this matter can be resolved within six to eight weeks,
the approximate time it takes to have these barriers and curtains custom made and installed and
asked the Committee for the allowance of this time to complete this work believing it may very
well be a permanent solution to the problem. Mr. Vincent Burba, a neighboring resident and
TELEPHONE complainant, spoke and did agree with the action planned by The Still, and also agreed to
(413) 726-9716 allow further sound testing to be conducted from his property.
FAX This committee has agreed to extend the necessary time as requested by Attorney Bouniconti
(413) 726-9717 with the stipulation that The Still maintain status reports on the progress of the barriers.
EMAIL Summation:
bbard rQt ogawam.ma.us
Based upon the foregoing,this committee has compared and considered all of the'evidence that
has been put before us, we (the Administrative Committee) believe to a moral certainty, that
The Still did violate the provisions of the Agawam Town Code Section 121.1, further, with
that knowledge continue or cause to continue to create excessive, unnecessary, or unusually
loud noise which either annoys, disturbs the reasonable quiet of others within the Town of
Agawam. Accordingly, it is the recommendation of this committee that a fine of$200.00
dollars be imposed on the management of The Still and that a one week suspension of their
Weekly Amusement Permit be imposed at a time and date to be determined by the City
Council.
Further, it is the recommendation of this committee that this action be continued for a period of
six weeks to allow The Still an opportunity to correct and resolve this issue as they requested.
This continuance is with the understanding that this violation shall count as a fast offense
under the provisions of Section 121 of the Agawam Town Code. Additionally, if The Still is
charged with any related issue within the period of this continuance, this continuance shall be
revoked and any subsequent related charges shall be credited as a second offense. By
accepting this continuance, The Still understands that there is an admission that there are facts
sufficient to warrant a charge of guilty for said violations. The term of the continuance will be
for a period of six weeks 67om the date of notification and expire going forward for six weeks.
The Still must successfully complete the agreed terms and conditions of this continuance as set
forth below. Conditions not successfully completed upon the expiration of this continuance
shall be grounds to void this agreement and the sanctions as stated above shall take affect
forthwith.
Conditions:
(1)No new charges related to this issue during the life of this continuance.
(2) Successful completion of sound barriers and/or any other action that would reduce the
octave to a reasonable level.
(3) Reporting to the City Council is required with weekly status and update reports on the
progress of the sound proofing.
(4)The City Council reserves the sole discretion to extend this agreement.
Note: Change in Reporting Procedures: it is the recommendation of this committee that any
future violations of the Town Codes that require police action should be noted in the officer's
report with a copy of that report being sent to the appropriate deparnnent(s).
This protocol has been discussed with the Police Chief
Annotation: On final approval and/or disposition of the Full Council, a letter/notice of the
Council's finding shall be sent to the management of The Still, along with appropriate cc's.
The start (if agreed by Council) of the continuance of the agreement shall be the date of the
notice going forward six weeks,with applicable conditions.
Adjournment: Meeting was adjourned at 7:50pm.
Respectfully submitted,
Robert E.Rossi,Chair
Administrative Committee
NUMBER THE COMMONWEALTH OF MASSACHUSETTS FEE 1
*#12#* TOWN of AGAWAM $35.00 &
This is to certify that THE MAIN STREET STILL, INC .
NAME
858 Suffield Street Agawam, MA 01001
ADDRESS
i
IS HEREBY GRANTED A LICENSE
i
For Weekly Amusement - Live Music, .Juke BQX
Automatic Amusement Devices - Pool Tables (2) , Buck Hunter, Trivia
Touch, Electronic Darts & Golden Tee
This license is granted in conformity with the Statutes and ordinances relating thereto, and
expires December 31, 2015 unless sooner suspende revoked.
January 1 2015
FORM 493 HOBBS&WARREN Richard M,Theroux - Town Clerk
TO-2014-61
ORDER GRANTING OR RENEWING A LICENSE FOR
AN AUTOMATIC AMUSEMENT DEVICE AND WEEKLY AMUSEMENT
PERMIT FOR THE MAIN STREET STILL, INC. LOCATED AT
858 SUFFIELD STREET, AGAWAM, MA 01001
Pursuant to Massachusetts General Laws, Chapter 140, Section 177A and Section 75-1 of
the Code of the Town of Agawam, the Agawam City Council hereby grants or renews a
LICENSE for the listed Automatic Amusement Device and Weekly Amusement Permit
to the following applicant.
Name of Licensee THE MAIN STREET STILL, INC.
Business Address 858 SUFFIELD STREET, AGAWAM, MA 01001
Business Type bar/restaurant
State Purpose for which permit is requested:
(1) Automatic Amusement Device License for six (6) amusement devices
(2) Weekly Amusement Permit for purpose of live music,juke box
Dated this day o , 201C
PER ORDER OF THE AGAWAM CITY COUNCIL i C
1 � J
C14
Christopher C o I
on, Council President
s arug cc - Tr
Vincent ioscia, City Solicitor Ce✓ ca'f.1 u--
MAYORAL ACTION
Received this 174-h day o gfl�-
20I5 from Council Clerk.Signed by Council President this day o 'anty 2015.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga am Charter, as
amenJed, I hereby approve the passage of the above legislation on this day of
2015.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2015 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this day of ox q�15.
is
TO-2014-6:2-
Tab= aff _qgabm= ffl,955= tU 5
F - A.ppucation for License; Renewal of License
Automatic A-masement Devices)
Name
( vtdu l rox n socul 5s rtY Number asd D=of Birm)ar Carpus;Name)
LLn Pm-m= or I—di n P, maslor
CM70MIC Dffic= Q%dQ&Saul 5==Y N=3b==11 D"=ofHnth)
Bu-,6n=Ad& S �i�,'�td S is c.�.�t rn b1o.0I
Type of Busml
(UchWe D--;Mon of?====d R==far A;Vfr==)
?iaar cf bcvicr#1 ,� I Qil ! 61 l� _ 6Ssauf�rd a V_ I C
owf Devine#a
uc'o s�—
(Nx=zEtd Addr=of 0W=wSuFp6cr ofAi=mzz c Azmz==Devitt)
ry
7 6 f�° ' ,�,r.,
(Kmr=d A4d7= of`0%=yrsupplitzof1n==ZicA=U===jDeevji=)�]]//1( p
' 3isnx of Device#3 �''"`.`-'t� t �"'p '"' M�a ufzcaaQ' r "^�' � �`�'-•i 2Q:+�F����C
QW=of Dena#3 Ls So rm`
04c==d Addn=of 0W=or 5upplie of Au c Arrn,= at Devi=)
Na=of Device 44 _( ' u ` "tA C t-Tri o6L- hi�ufarona ail L6 U
of Ow=or Stgplicr of Anu ric Amu= to Dcvi=)
CErtC,tQ
Iy ttndrr thr pains and Pam' Of g=}ury drat all of the mf al=aticm am this-Appliczli= is tzvr and
cz=vz; to my bet hacw dgc and bier,anti I farther cG dfy=dtr the gains and P=a of pc7=y dw pm�to
Ma&=c1n== Ewa Chagt=r 62 C, S^^aan 49& I,to ;rzy:be t,)#wlt d9r and bdi hav c frkd an x�sz trx
r==s anal(said cell s'taar and local razes C=IQ�g raai�$ pc;scraa[pto xty t 1)rmr�3�=da lava.
c n7 AD1 _
Siga== of individual or Corporate N e l� � No. or Fedcxal ID No,
x
by--
Corporate Offic= Telephone Number
• � � ' � - ����� � ern. s..�.-
Cab
dam - C rib SDMb s -
. r^;
S 3.01hd],S ,N01 w= dS,HI
The Commonwealth ofMassachuserts
Town ofAgawam
APPLICATION FOR WEEKLY AMUSEMENT PERMIT
(Date)
rD TM LICENSING AUTHORITY:
Ia accordance with the provisions of the Statutes reiatLag thereto, application for a
Weekly Amusement Permit is hereby made: ��tt
Name: _—T)Lk- ! / S7VJe& J IM f .�n L - -
(Full name of person,firm or corporstioin making application)
SS7 -eu PPi end 5lf�e- &Aajayil YrMA bow)
(Give location by street and number)
Type of gar)-TaLrern
Business:
(Include description of premises)
State purpose for whicb,permit is requested:
I certify under the pains and penalties of perjury that all of the information on this Application is
true and correct, to my best knowledge and belief, and I further certify under the pains and penalties of
perjury that pursuant to Massachusetts General Laws Chapter 62C, Section 49A,I,to my best knowledge
and belief,,have filed al]state tax returns and paid all state and local toes (including real estate and personal
property fazes) required under law. I also certify under the pains and penalties of perjury that I have not
been convicted of any crimes,
Signature of Individual or Corporate Same tti aesetjqo. ederaf D No.
01
BY: Corporate Officer Telephone Number T
r.. _ -at— -- -I,- - -- - - - , y ` ' CERTIFICATE FOR USE ON FILE
858, SufifiE�t 1d Street , Agawam, MA
Q (To be completed by the rnspeaor of Buildings)
A_Te the premises located in the proper zone ? Yes 1r No
Is there a valid Certincate of Occupancy issued I
for the pr es ? Yes No
Si gnatuxe of 1=ector: Date: a�
{ -6-) AMUSEMENT DEVICES ZBA approval # 1878 9 /26/ 201 1
RQjiQg—D&pj=m jnjp=jj - (To he completed by the Agawam Police Department)
� pr tin! 1 Pool Table
Device Conforms to APplication? Yes No
Is the Device a Video Gam=? Yes No
If yes, Does the Device;
Simulate an actual gassing device? Yes No
Involve matching of random number combinations? Yes No
2 Pool Table
Device Conforms to Application? Yes No
Is the Devic:a Video Game? Yes No
If yes, Does the Device:
Simulate an actual gaming device? Yes No
Involve matching of random number combinations ? Yes No
Buck Hunter /
Device Conforms to Application? Yes ✓/ No
Is the Device a Video Gamc? Yes ✓ No
ayes, Does the Device: .J
Simulate an actual gaming device? Yes No
Involve matching of random number combinations ? Yes No
Nn_ 4 Mega Touch Trivia
Device Conforms to Application ? Yes ✓ No
Is the Device a Video Game? Yes No
Ifyes, Does the Device:
Simulate an actual g..evice ? Yes No
involve mkg gLift�ndom nhulmber combinations ? Yes No
7 U :�,� ❑ �Y�i flk.lt ill%.1
� ,U,, MUSES IN COMPLLANCE WITH LICENSE
,., YES NO
Siparure of Officer: Date: �I- �-
The Main Street Sttill , Inc .
g
per. ])enartmentInsae=__adnnt (To be completed by the Agawam Police Department)
Device NO- 5 Electronic Dart Machine
Device Conforms to Application? Yes No �+
Is the Device a Video Game? Yes No V
If yes,Does the Device: /
Simulate an actual gaming device? Yes No V
Involve matching of random number combinations ? Yes No
T)gyjce Nn. 6 Golden T e e
Device Conforms to Application? Yes No
Is d=Device'a Video Crime? Yes No
If yes,Does the Device: /
Simulate an actual gaming device? Yes No.
Involve matching of random number combinations ? Yes No
Device No.
Device Conforms to Application? Yes No
Is the Device a Video Game? Yes No
If yes,Does the Device:
: Simulstz as actual gaming device? Yes No
Involve thatching of random number combiszati=s? Yes No
Device Ne_
Device Conforms to Application? Yes NO, _
Is the Device a Video Crane 7 Yes No
If yes,Does the Device:
Sinnilatc an actual gang device? Yes No
Involve matching of random number combinations ? Yes No
Device Nn. `
Device Conforms to Application? Yes No
Is the Device a Video Game? Yes No
If yes,Does the Device:
Simuilate an actual gaming device? Yes No
Involve matching of random number combimlions ? Yes No
Device Nn.
Device Conforms to-Application? Yes No
Is the Device a Video Game? Yes No
If yes,Does the Device:
Simulate an acorn,!{Stamia d 1Cc?t,` Yes No
Involve matching
Vvo3f'+random number coipbiaations ? Yes No
�i 0hG 1% WIL,
jPMWES IN COMPLIANCE WITH LICENSE
YES NO-
Signature of Officer: . Date:
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY :42 `lam
DUN Department of Criminal Justice Information Services Ni „
ESQ 200 Arlington Street,Suite 2200,Chelsea,MA 02150,MASS.GOV/CAS
TEL:'6 1 7-660-4640 1 TrY:617-660-4606 1 FAX:617-660-5973
s �
Massachusetts Criminal Offender Record Information (CORI)
The information provided within this response contains only Massachusetts criminal offender
record information and is based on the statutory access of the requestor. Unauthorized access,
use or dissemination of this information is prohibited under Massachusetts General Law.
This information is not fingerprint-supported and may not actually relate to the person whose
information you are seeking. Individuals'who believe there may be a discrepancy within this
record should contact the Department of Criminal Justice Information Services(DCJIS).
This Massachusetts CORI was generated on 10/23/2014 11:35 as the response to your request
submitted on 10/23/2014 11:35 with the following details:
Request Details
Request ID: P14PER-01195611 Request Date/Time: 10/23/2014 11:35
r�
Name: MASL ECCA L
Date of Birth. SSN:
c
Sex: Race: "=
:V
Father's Name: Mother's Name:
Response Summary
NO AVAILABLE CORI
This response is the result of a search of the 1CORI database using the subject's name and date
of birth as submitted by the requestor. To ensure accuracy,it is the responsibility of the requestor
to compare the information shown in the Request Details Section above to the subject's personal
identifying information.
The DCJIS is not liable for any errors or omissions in the CORI results based on a requestor's
entry of inaccurate, incorrect, or incomplete subject information.
{-'
4 C. .7
Request
Requestedqu yrMASLAR REBECCA L
••••••l D O l S Enh�n[inp Pu6fic SdeN TMa,ph mforrt stun{Mhry
Date Generated:10/23/2014 11:35
Page;I of }
•7
THE COMMONWEALTH OF MASSACHUSETTS
1 . EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
DOI5 Department of Criminal Justice Information Services
f,r—o r, 200 Arlington Street,Suite 2200,Chelsea,MA 02150,MASS.GOVICJIS
d 4' TEL:617-660-464017 rY:617-660-46061 FAX;617-660-5973 -� .
�-
Massachusetts Criminal Offender Record Information (CORI)
The information contained in this response is the result of an exact match of the subject's name,
date of birth, and last six digits of his or her social security number(if applicable), as submitted
by the requestor, to information contained in the Massachusetts CORI database. The requestor
is responsible for verifying the subject's identifying information with an acceptable type of
government-issued identification at the time of its submission to the DCJIS, as well as for
verifying that the identifying information contained in this record relates to the subject.
This report contains only criminal offender record information that is maintained in the
Massachusetts CORI database and does not contain criminal offender record information
from other states or sources. This response contains only that CORI to which the requestor is,
statutorily entitled, based on information provided by the requester at the time of request.
The information contained in this CORI report is created and provided by entities other than the
DCJIS. The DCJIS is not responsible for incorrect or incomplete information contained herein,
or for any omissions from the contributing entities.
This CORI report is confidential.Any unauthorized access to, or dissemination of this document
or the information contained therein is subject to the civil penalties set forth in M.G.L. c. 6,
§168, and the criminal penalties set forth in M.G.L. c. 6, §178. Civil penalties include suspension
or revocation of CORI access and monetary fines up to$5,000 for each violation. Criminal
penalties include monetary fines up to $50,000,incarceration in a house of correction for up to
one year, or both a fine and incarceration.
0
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Request 1D.P14PER-0 1]95611 .,
Requested By:AUSLAR,REBECCA L
• • D Q 1 S FnMntiny WE6C Si/eh ilvouFR lnfarm:fun GeeJM7r
Date Generated:10/23/2014 11:35 Page:2 of 2
THE COMMONWEALTH OF MASSACHUSETTS5=
1 . EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
nON Department of Criminal Justice Information Services
r 7gnbar.«r 200 Arlington Street,Suite 2200,Chelsea,MA 02150,MASSLOMRS '•?�.. a�
d 0' TEL:617-6604640 1 TTY:617-660-4606 1 FAX 617-660-5973 ess00
Massachusetts Criminal Offender Record Information (CORI)
REBECCA MASLAR
47 FOREST RIDGE LANE4-1
AGAWAM MA 01001
PO
To Whom It May Concern:
The Massachusetts Department of Criminal Justice Information Services (DCJIS)has conducte�
a computerized search of the Criminal Offender Record Information database. NJ
The attached is a true copy of matchin information from the CORI database for MASLAR,
REBECCA L and date of bi
Signed under the penalties of perjury this 23rd day of October 2014.
Celeste Edwards
Massachusetts-Department Criminal Justice Information Services
',
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l cz'diy Under tbc.Penalties ofpe=:_. :naz I, to my bes �mo-;�,Eedgc and belie]; have zled
aD slate tic reru.-rs and paid all stare =' cs law.
Si;=m eiw Tidal L-czwr=Name(Maadasrn) co.. c=o_Zz=(M=duorr.if Appiitrlle)
Social S=6 y NL• a>, r,'aY -y)or iedrzl]dsj�=:i= =izc —�
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Trds licersc wU not be issued Mess :.h s ceran-cation clv:se is signed by the appEc=
Your Social Stc:u ry Number will De -w-nizhed to the? zssacbtsers.Department of
Revenue to deterr,int whether you have me-: tax Ming or tax payment obBearions. Licensees
who I,:0 to correcr ;h_ir non-Lmg or dcIimauerlcy Wili�hiec io lic!7se suMtnsiO or`
rep cation . his reruesi is made under he zL7Liloriry of M ss.,GL. c, 63C S. 49.
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TR-2015-42
A RESOLUTION TO MODIFY, SUSPEND AND/OR REVOKE
THE WEEKLY AMUSEMENT PERMIT/LICENSE OF
THE MAIN STREET STILL, INC. LOCATED AT
858 SUFFIELD STREET, AGAWAM, MA
WHEREAS, on January 5, 2015, the City Council granted The Main Street Still, Inc.
(hereinafter The Still) a Weekly Amusement Permit/License for the premises located at 858
Suffield Street in Agawam for live music and their juke box (see TO-2014-61);
WHEREAS, the Administrative Sub-Committee (hereinafter the Committee) of the
Agawam City Council met on May 21, 2015 regarding noise complaints emanating from The
Still, and as a result of that meeting there was an understanding that the permit/license holder
(The Main Street Still, Inc.) had created excessive and unreasonable noise that did disturb the
peace and quiet of members of the community. At that meeting, The Still asked for a
continuance of six weeks in order to correct certain conditions that could possibly resolve the
noise pollution problem; specifically to install soundproofing and take whatever action was
necessary to lower or eliminate sound leakage during live band events. The continuance was
agreed upon by the Committee with the conditions that The Still remain free of further noise
complaints and that The Still would give weekly updates on their progress to the Committee
during the continuance period;
WHEREAS, The Still did not provide weekly updates on their progress as agreed and it
was discovered that they did not complete soundproofing measures as promised during the
promised six week period. Additionally, there was at least one additional complaint made of
loud noise emanating from The Still that required Police Response on or about 6/20/2015;
WHEREAS, the Committee has recommended that the City Council suspend the Weekly
Amusement Permit/License of The Still based on the noise complaints and their failure to abide
by the conditions agreed upon at the May 21, 2015 Administrative Sub-Committee meeting;
WHEREAS, it is in the best interests of the City of Agawam to insure that the holders of
Weekly Amusement permits/licenses operate so as to not cause excessive and unreasonable
noise, and further that they abide by agreed upon conditions imposed by the Administrative
Sub-Committee of the City Council; and
NOW THEREFORE, BE IT RESOLVED that after a hearing in accordance with M.G. L. c.
140 § 183A, the Agawam City Council may modify, suspend and/or revoke the Weekly
Amusement Permit/License held by The Main Street Still, Inc. at the premises located at 858
Suffield Street in Agawam.
h
Dated this day of 12015.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President, Agawam City Council
APPR VED AS TO FO AND LEGALITY
i
Vincent Gioscia,"64 Solicitor