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HomeMy WebLinkAbout1997 Aug 21 - The Register ArticleBoard to Red Jacket: Stop the Music! By John Basile s _ a,N_ q 17 SOUTH YARMOUTH—Yarmouth selectmen have rescinded the controversial outdoor entertainment license they issued to the Red Jacket Inn in May. The move came Tuesday night after the oceanfront resort's neighbors once again contended that the noise from outdoor barbecues there is too much. Selectmen Herbert Schnitzer, John Howard, Maureen Rischitelli and Charlotte Striebel voted to revoke the license, with Selectman Charles Hart dissenting. Ms. Rischitelli and Mr. Howard had been among the majori- ty approving the license in May. Ann Evans, whose house is directly across the street from the lot where the cookouts are held, has led the opposition since the Red Jacket Inn first sought an out- door entertainment license. "It's more than just the music, it's the circus atmos- phere and the commotion," Ms. Evans said after the selectmen voted. She said she planned to celebrate the victory with neighbors who shared her views. Although Red Jacket Inn (Continued From Page 1) her victory came at the tail end of the summer, when the out- door entertainment was due to be winding down anyway, Ms. Evans still savored the select- men's action. "A victory is a victory," she said. "This is not a hollow victo- ry because I learned so much about town politics." The Red Jacket Inn has been using the residentially -zoned lot for cookouts two evenings a week. The inn's management agreed at another hearing before the selectmen two weeks ago to have only unamplified music at the cookouts as a way to appease neighbors. At Tuesday night's hearing, the Red Jacket's owner, Dewitt Davenport, presented findings from a consultant that indicated that no noise from musicians playing unamplified instruments could be "heard or measured". Still, selectmen, sit- ting as the town's licensing authority, chose to follow the lead of Mr. Schnitzer, who said (Continued on Page 6) the town bylaws governing entertainment licenses does not cover outdoor entertainment. Mr. Schnitzer read a section of the law that states the licensee must ensure that all noise is con- fined to the building. Because there is no building, he said, the sound can't be contained. - "The license should never have been granted in the first place," Mr. Schnitzer said. Throughout the summer as hearings have been held con- cerning the Red Jacket's license, some have contended that Selectmen Hart and Rischitelli have been in conflict of interest because they are former employ- ees of various Davenport com- panies. Mr. Hart said his position with an alarm company owned by the Davenport family was terminated several years ago "for business reasons" and that he supported the Red Jacket's request for an outdoor entertain- ment license because, "I think it's a part of trying to do busi- ness." Mr. Hart said he would have supported the request no matter who the applicant was. Bruce Gilmore, acting as a special counsel to the selectmen on the matter, said that he agrees with town counsel John Crenny's opinion that Mr. Hart and Ms. Rischitelli are not in conflict of interest because they currently have no financial stake in any of the Davenport Company's business dealings. Still unresolved is Ms. Evans' lawsuit against the Yarmouth Board of Appeals. She has charged that the board acted improperly by allowing the Red Jacket Inn to use the residential- ly -zoned lot for a commercial purpose. A judge in Boston Land Court heard the case last week and will issue a finding in the near future. Edward Veara, the attorney for the Red Jacket Inn, said Tuesday night that the use is grandfathered because it was allowed under zoning in 1974 when a playground was first built on the lot.