8/7/2017 BOARD OF SELECTMEN Minutes

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6 Board of Selectmen Minutes August 7,2017 APPOINTMENTS &HEARINGS Public Hearing: Consider a possible modification of entertainment license Barnstable Pizza&Pasta Co., Inc., dba Finally Dino's: (continued) Duncan Campbell of 4 Mohican Avenue offered similar comments to that of Ms. Scharfenberg. Mr. Campbell made note of the Windchime development previously taking a stand against the outdoor entertainment offered by The Lanes Bowl &Bistro in Mashpee Commons. As a result of the complaint, the venue was required to shut down their outside entertainment. Mr. Campbell asked why this situation should be any different than the Windchimes dispute. It was noted the complaints against Dino's have been going on for the past five years, and the matter has only been resolved to 50%. Although a large part of the complaint has been mitigated, as the night's progress,the large bands get louder with unreasonable volumes. Lynne Catarius of 85 Cayuga Avenue indicated she has worked for Dino for the past 19 years. Ms. Catarius stated that those on reside on Cape Cod live with noise and traffic for three months and there are other venues such as the Barnstable County Fair and Pow Wow which create noise in this area of concern. Ms. Catarius spoke on behalf of the character of Dino stating that he also a resident of the Town of Mashpee and is very good to the people of Mashpee. Ms. Catarius indicated that Mr. Mitrokostas has gone above and beyond to rectify the noise. It was also noted that when the residents bought their homes in this neighborhood they should have had knowledge of the sports bar and outside patio. In concern with respect to the comment made by Ms. Catarius, Bobby Ester of 10 Mohican Avenue indicated that Dino's outdoor patio was not there when she moved to Mashpee 19 years ago. Ms. Ester related additional concern regarding the additional space used by Dino's for patrons located on the sidewalk and within the side passage of the facility. Photographs were presented to the Board of Selectmen to identify the tables, chairs and service being received in an unpermitted area. The photographs were noted to have been taken on July 9, 2017. Marlene Jarvis of 55 Pequot Avenue stated she purchased her home in 2010 and to her knowledge Dino's on Deck has been open for the past 5 years. Therefore, Ms. Jarvis purchased home before the entertainment began. Last year Ms. Jarvis attended a number of meetings regarding this matter and in her opinion the situation was resolved. However,the noise this year is the same as last year. Ms. Jarvis requested to be on record that she is not happy with the noise level emanating from Dino's. Last year, the town presented a modification to the Noise Control Bylaw. Ms. Jarvis recommended the bylaw be tweaked to specify outdoor entertainment coming from an outdoor activity. Bobby Ester also brought forth a photo of the subject matter of discussion from the Mashpee Enterprise 7/28/17 which is reflective of the outdoor area in the parking lot depicting additional seating areas.