04/03/2023 SELECT BOARD Minutes - Laserfiche WebLink

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6 Mashpee Select Board Minutes April 3,2023 APPOINTMENTS& HEARINGS P. _._...........................,.,.�,..........__._.vv_._.... ........Se...B.arnstable.Pizza Co d/b/a FinallDino's: Public ..Modification of Entertainment Liven Discussion and Possible Ada Tgy4l of Modification of Entertainment License: Barnstable,.Pizza Co d/b/a Finally Dino's: (continued) The applicant is requesting approval for amplified acoustical music, an orchestra/band consisting of one to three persons. Mr. Mitrokostas indicated that as a result of technological shifts, sound can be modified having less external sound. With the pandemic there has been a focus with many restaurants to get people outside to enjoy the outdoors. Today's technology has pre-recorded, pre-ready music on ipad and iPhones. Previously each band member had a speaker. Now we can direct and control the speaker. With a small system,there is only so much sound that emanates. In discussing this request Mr. Mitrokostas indicated that restaurant owners are struggling to get back on course. People also want to be outside and enjoy the ambiance of music. The Select Board opened the Hearing to solicit comment. Letters in opposition to the proposal contained in the Select Board packet include concerns from Duncan Campbell, Andrea Hachey,Marlene Jarvis and Virginia Scharfenberg. Counsel representing the Campbell's, abutters to the subject establishment requested the Select Board deny the request for amplified music on the outdoor premises. The history of noise emanating from this area dates-back-to 2014. Over time,the music has been loud and intrusive. It was previously suggested the owner reach out to the neighborhood. To date,Mr. Mitrokostas has not notified the neighbors of his intention to request outdoor amplified acoustical music. In continuing his reasoning for the denial, special counsel to the Campbell's stated the music is directed to the abutters like a funnel with sound levels in the 70-80 decibel range where typical conversation could not be held outside. Mrs. Campbell is noted to be a critical care nurse and requires her rest. This has become a quality-of-life issue, with decreased neighborhood property values. Fencing does not work and sound mitigation does not work. All that has worked was the Select Board eliminating the amplified music. It was also stated this location is not appropriate for this type of music. Duncan Campbell,Mohican Avenue added that this has become very stressful. The sound can be overwhelming. It was asked why Mr. Mitrokostas cannot be more courteous to his neighbors and allow them to have a quiet summer. Damon Crook of Mohican Avenue indicated when music was loud, he was not we able to use his baby monitor which resulted in a safety issue of concern. Mr. Crook voiced support to local businesses. However,Mr. Mitrokostas did not discuss his intent with the neighbors who may be open to certain weekends on certain dates and times. Like the fair, we have-to listen, and it is tolerated. In his opinion Mr. Mitrokostas has tried to push this through quietly. Now we have reached a divide. Larger groups bring more people,and create other code violations. Give them an inch, and they take a yard. With a new born child,this issue has really been a matter of safety to Mr. Crook and his family.