06/06/2005 SELECT BOARD Minutes - Laserfiche WebLink

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I 4 Board of Selectmen Minutes June 6, 2005 APPOINTMENTS AND HEARINGS: The Flume Restaurant: Selectman Cook stepped down for the above referenced agenda topic of discussion. The Board of Selectmen met with Kenneth McNulty of McNulty Management, Inc.,dlbla the Flume to discuss matters relative to the closure of the business beyond the extension of April 30, 2005. Correspondence was received from the Board of Health Agent dated March 21, 2005 regarding the status of the Flume Restaurant. The letter indicates that Mr. McNulty met with the Board of Health in January 2004 to determine a timeline of the installation of a retrofitted denitrification unit required per Regulation#70 of the Board of Health. Two requests for extension of the installation were approved due to the condition of financial hardship. On May 12, 2005,Mr. McNulty received a letter from the Board of Health • regarding their vote to revoke/deny a 2005 food establishment permit for the facility due to noncompliance of Regulation#70, and due to the lack of the installation of the required denitrification system. Mr. McNulty was offered the opportunity to show cause why the All Alcohol Restaurant License should not be modified, suspended,revoked or cancelled. It was noted that Mr. McNulty did not respond to the Office of the Board of Selectmen on the matter of closure beyond the extension date of April 30, 2005. Mr. McNulty indicated that he was unable to secure financing for the installation of a denitrification system at the subject restaurant facility. Mr. McNulty stated that he has a potential buyer for the property and the liquor license is part of the sale of the property. To date, a purchase and sale agreement has not been secured with the perspective buyer. The Board of Health has not received any filing regarding the upgrade of the septic system to date. •