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COMMONWEALTH OF MASSACHUSETTS

TOWN OF NEW MARLBOROUGH

OFFICE OF THE BOARD OF SELECTMEN

807 Mill River Southfield Road, Mill River, MA 01244-0099

Phone: 413-229-8116 Fax: 413-229-8253

E-mail: nmbos@newmarlboroughma.gov

Michele McAuley Shalaby, Chair

Nathaniel H. Yohalem

Tara B. White

Board of Selectmen

Minutes

Public Hearing

Board of Selectmen

Wednesday, April 17, 2019

9:00 a.m.

Board Members Present: Michele McAuley Shalaby, Chair

Nathaniel H. Yohalem (by phone)

Tara B. White

Others Present: Mari Enoch, Town Administrator

Mike Smith, Cepage Hospitality, owner

Peter Miscikoski, Cepage Hospitality, owner

Emil George, Counsel for Cepage Hospitality

Brad Wagstaff, Willow Creek/Old Inn Associates, owner Michele opened the public hearing of the Board of Selectmen at 9:03 a.m. The Selectmen were already in session and had previously voted to allow Nat to participate by phone. Hear and Act on Application for Transfer of Liquor LicenseOld Inn Associates to Cepage

Hospitality Partners, Inc. d/b/a Gedney Farm

Michele stated that the public hearing was advertised in the newspaper and the abutters were notified by certified mail. There were no abutters present. Cepage Hospitality is leasing the building and the equipment from Willow Creek and will be operating Gedney Farm. The holder of the license is Old Inn Associates and is seeking to transfer the license to Cepage Hospitality. The owner of the real estate is Willow Creek Partners. As part of the Lease agreement, there is a collateral pledge of the liquor license back to Willow

Creek Partners, the landlord.

Nat referred to an email received from two abutters, Karina Fassett and Barbara Bean, who had ongoing concerns that alcohol is one of the contributing factors to the noise pollution and disruption of peace caused by Gedney Farm. Mike and Peter explained that in response to 2 complaints of recent years, changes have been made to address bottle disposal, bus idling, and event hours. Additionally, a sound meter is checked for noise level during events and a security firm is used to monitor noise, especially between the hours of midnight and 3 am. The Board asked Cepage if it would object to a restriction on the hours that alcohol is served and Cepage agreed to serving hours from 10:00 am to midnight. Mr. George also disclosed the financial support two people who have given Cepage a $50,000 line of credit. There is no security interest or collateral in that line of credit. Michele would like Town Counsel to review the collateral pledge of the liquor license before she approves the transfer. Mr. George also wanted to make clear that during the transition period, Cepage is operating Gedney Farm but Old Inn Associates is still responsible for the liquor sales. A motion was made, seconded, and so voted to approve the liquor license transfer from Old Inn Assoc, Inc to Cepage Hospitality Partners, Inc, d/b/a Gedney Farm contingent upon review of the Collateral Pledge by Town Counsel; with serving hours to be 10:00 am to midnight.

Tara B. White Aye

Michele McAuley Shalaby Aye

Nathanial H. Yohalem Aye

A motion was made, seconded, and so voted to adjourn the public hearing and return to the

Board meeting.

Tara B. White Aye

Michele McAuley Shalaby Aye

Nathanial H. Yohalem Aye

Approved by: Approved on: _____May 20, 2019_______________ __Nathaniel H. Yohalem___________________________

Board of Selectmen

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