Inn Supporters Pack ZBA Hearing

On September 29, nearly 300 people, primarily supporters of the Inn at Shipyard Park, attended the Mattapoisett Zoning Board of Appeals hearing petitioned by abutters seeking to stop the music at the historic inn.

George and Maureen Butler have lodged complaints against the inn, claiming that amplified music is akin to living next to “speeding trains.” The Butlers, represented by Attorney Tom Crotty, presented what they believed was irrefutable evidence that the inn’s music and its rowdy patrons made living next to the inn intolerable because it was a nightclub.

For evidence of high decibel noise, the Butlers had a video professionally produced containing imagery from inside and outside the inn. Some video footage was taken by a security camera mounted on the exterior of the Butler residence and seemed to document loud music emanating from the inn after 10:00 pm, with inebriated patrons gathering on the sidewalk outside the establishment. The Butlers’ video attempted to portray that the noise was ‘obnoxious’ while also attempting to illustrate that the inn was operating a nightclub in violation of their special permit.

Crotty said, “There’s a change in the nature and the purpose of the bar…” This point, he said, was the primary reason for the Butlers’ filing an enforcement request.

The Butlers’ request to the ZBA asked that the board order the building inspector, Andy Bobola, to enforce conditions of the inn’s special permit. Bobola did not do so, which prompted the hearing.

Time and again, in his presentation, Crotty insisted, “They are not interested in the restaurant business … the bar brings in a crowd.” He also stated, “If any of you had this noise next to your house, you’d be up in arms!” he asserted. Those in attendance shouted out “MOVE!” and “THAT’S A LIE!”

The Butlers also claimed that modifications to the interior of the inn removed soundproofing while increasing the bar seating capacity and decreasing the restaurant seating. And while the Butlers have asserted they do not want the inn to be closed, their claim of loss of quiet use of their residential property due to loud music and patrons made living next door difficult. They sought to have the inn return to what they claim were quieter activities in the 1960s.

Owner/operator Nils Johnson then spoke. After thanking the standing room-only crowd for their support, he said his primary income source was not the bar and entertainment.

Johnson said the nature of the music had not changed substantially over the years, and his permit allows for 114 hours of entertainment, of which they use only 15 hours. He said that there are 87 hours of foodservice on any given week, emphasizing the point that food was his primary business. Johnson said his food sales were 100 percent over his bar sales.

Johnson shared that more than 45 calls to the police department were lodged against his business between 2012 and 2016, all from the Butlers with “no evidence being found that I violated any of my licenses…”

Regarding the Butlers’ property, Johnson said they use some of the space for commercial activities while receiving a 5 percent discount off their property taxes because it abuts his commercial property.

Mattapoisett’s principal assessor, Kathleen Costello, confirmed that the Butler property, as do other properties in town that abut commercial lots, receives a discount of 5 percent.

At the end of his defense, Johnson said, “We are keeping Mattapoisett special.” The crowd responded with thunderous applause.

Johnson’s Attorney Marc Deshaies defended his client, saying, “The restaurant, bar, and inn are an integrated whole…” and the definition of a nightclub did not apply to Johnson’s business profile.

After nearly two hours of sometimes heated exchanges between the inn’s supporters and Crotty, Town Counsel Jonathan Silverstein told the board to consider the following when deliberating the Butlers’ claims: 1) is there a change in the nature of use; 2) a change in the quality and degree of use; and 3) whether the use is different in kind.

Board member Mary Ann Brogan spoke saying, “We don’t have a noise ordnance in this town. All the noise things have nothing to do with why we are here; it is not a nightclub, I agree with Andy.”

The other board members agreed, voting unanimously to uphold Bobola’s refusal to act on the Butler request for enforcement. The Butlers have 20 days to appeal the ZBA decision.

There was other preceding business on this evening, including special permits approved for William Barnes, 0 North Street, for the construction of a single family home; Nick’s Pizza for the installation of an exterior cooler unit; and Blue Wave LLC for a 21,000-panel solar array on the west side of Crystal Spring Road near the Fin, Fur, and Feather Club. Also coming before the board was Becky Renauld representing 7-Eleven for change of ownership for 51 County Road. That request was approved.

The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for October 20 at 6:00 pm in the town hall conference room if there are hearings.

By Marilou Newell

 

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