8/22/2016 BOARD OF SELECTMEN Minutes

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Board of Selectmen Minutes August 22, 2016 APPOINTMENTS & HEARINGS Public Hearin: Reauest for modification of entertainment license. Barnstable Pizza & Pasta Co. hie., dba Finallv Dino's: (continued) To address the noise concerns presented by the abutters, Mr. Mitrokostas indicated he would refrain from use of amplifiers, and the Board of Selectmen thus voted to modify the entertainment license of Finally Dino's on July 11, 2016 for non -amplification of music within the outside patio area. It was also noted that Mr. Mitrokostas and Anthony Pizzo met before the Board of Selectmen two weeks ago to review steps to be undertaken for sound management at the subject establishment. Attorney Kirrane indicated Mr. Mitrokostas has installed an in-house PA system which is controlled from inside the building to cap or limit the amplified music to be played in the outside patio. In addition, Mr. Mitrokostas has installed sound barriers to muffle the noise from the deck area. Therefore, it is requested the Board of Selectmen reinstate the license of Finally Dino's as it was listed previously for the amplification of live music. Anthony Pizzo owner of Hangar 18 Engineering designed and installed the sound system to control the outdoor noise emanating from the patio. Mr. Pizzo stated he has installed what was previously discussed, the in-house sound system, sound barriers and a sound limiter. Sound proofing has also been installed along the deck rail and a barrier lined with a layer of MLV has been constructed. With these remedies Mr. Pizzo stated in his opinion, the problem has been solved. Mr. Pizzo indicated the goal was to limit the sound created by live entertainment in the outside patio to 10 decibels or less above the current or future LEQ ambient noise measurements as taken from Sassacus Road. The Board opened the hearing to solicit comment. Bucky Hall, a Falmouth resident and Mashpee taxpayer stated he works for Dino as a musician on a monthly basis with his band the Moonlighters. Mr. Hall indicated Mr. Mitrokostas operates a very good business; he runs a tight ship with good employees. Dino's Sports Bar is noted to be a number one entertainment venue in this area. The Moonlighters have no issue with in-house sound amplification and are willing to work with the new system. Michael Talbot a resident of 3 Pequot Avenue resides in the area of discussion. Mr. Talbot indicated the noise emanating from Dino's has been intolerable for the past three years. Before a license would be issued Mr. Talbot requested to partake in the testing process to ensure this project will work. Mr. Talbot explained there have been no testing levels with neighborhood participation. This would ensure the noise would not be audible to the neighbors.