The board approved one-day liquor licenses for three events:

Approval was subject to standard conditions including proof of authorized alcohol sourcing. Alcohol for the Bubble Bar event is to be purchased from Campus Importing and Distribution, Merrimack Valley Distributing Company, and Martinetti’s.

The board held a legally advertised public hearing on a carry-in alcohol beverage license (beer and wine) for Marvel Yacht Club, 4 Quick Street. Manager Michael Mentalk appeared. Key conditions include a TIPS/BASSET-trained person on premises at all times during carry-in hours, Monday–Sunday 8:00 AM–9:00 PM, with a seating capacity of 60. No one spoke in favor or opposition. The board noted the town owns the property and therefore both signed off as owner and approved the application. The license expires upon any future ABCC transfer or application.

The board confirmed Shin Dynasty at 1 Atlantic Ave. had completed a required 304 inspection and fulfilled all outstanding obligations. The licensee was not present but the board determined his presence was not needed to close the hearing. The motion to close passed unanimously.

The hearing for a license involving Marblehead Yacht Club at 4 Cliff Street was opened as required because it had been legally advertised. With no applicant present, the board voted unanimously to continue the matter to the May 27 meeting.

Attorney Tom Truex represented Sarvpreet Corporation. Brijesh Patel (president, 8 years package store experience) and his wife Priyanka Patel (proposed manager, 4 years experience) both worked at Beach Bluff in Marblehead and are TIPS-certified. The transaction includes Rockland Trust Company financing; the board approved both the license transfer and the pledge of license and inventory to the bank. Store hours, layout, and operations remain unchanged. ABCC approval is expected in four to six weeks. The vote was unanimous (5–0).

Attorney Chris Coleman appeared on behalf of Red Lantern Inc. The 2,500-square-foot space at 165 Pleasant Street has 58 interior and 18 exterior seats and has operated as a restaurant since 1997. Proposed manager Amanda Breen has held the position since 2021 and is TIPS-certified. Hours approved: Sunday–Saturday, 11:00 AM to midnight. The entertainment license covers TV, background music, and occasional DJ, karaoke, and live music — the same scope as the prior licensee. No opposition was raised. All three license motions passed unanimously.

Article 39 proposes repealing the 2024 town meeting vote that created the community development department, thereby eliminating and defunding all five associated positions. The FinCom noted that three of the five positions are already eliminated in the FY27 balanced budget. The remaining two positions — including the town planner — are funded in the current budget but are not included in any override tier, meaning passage of this article would eliminate them permanently regardless of override outcome. The FinCom voted 0–8 against recommending the article.

Continuation of Shindonisi (1 Atlantic Ave) wine-malt beverage license revocation hearing (00042-RS-0656). Owner reported soft-opening date of April 25 pending final 304 life-safety inspection (post-Rhode Island club fire requirement). Hearing continued to April 22.

The board approved a one-day liquor license (beer and wine only, 5:00–7:00 PM) for the Marblehead Festival of the Arts Port and Soul event on June 27, 2026, subject to standard conditions including a $50 fee, proof of authorized purchase source, and liquor liability insurance. No alcohol may be stored on premises overnight. The board also noted a letter of interest for Cultural Council vacancies and set an April 3 application deadline with interviews on April 8.

Jason Pino, a second-generation Dunkin’ franchisee operating multiple locations in Salem and Marblehead, appeared before the board to apply for a common victualler license at 161 Pleasant Street. He explained that the prior management company he hired to handle licensing had not completed the process. Hours of operation are Sunday through Saturday, 4:30 a.m. to 7:00 p.m. The board approved unanimously.

The board voted unanimously to renew:

• All-alcohol seasonal club license for Dolphin Yacht Club, 17 Alton Place, Manager Scott Kelly.
• Local Sunday entertainment license for Dolphin Yacht Club, 17 Alton Place.

Both approvals were subject to all taxes and fees being paid, applicable department approvals, and compliance with Chapter 304 of the Acts of 2004.

The Select Board continued a public hearing on the revocation/re-issuance of the liquor license at 1 Atlantic Ave. The applicant (Mr. Lewis / DD Construction) presented a signature sheet showing completed sign-offs from finals on water, plumbing, building, and health departments. Two sign-offs remained outstanding: fire prevention and water and sewer.

The board noted the applicant is entitled to open his establishment once all sign-offs are obtained, independent of the open hearing. The board voted unanimously to continue the public hearing to April 8, 2026 at 7:00 PM, at which point it expects to formally close the hearing.

The board reopened a public hearing for Shin Dynasty restaurant and its pending liquor license. Contractor Doug Dubin reported that plumbing, electrical, CO2 suppression system, Ansul hood system, flooring, and painting are substantially complete; remaining work is final plumbing fixtures and a handicap door button. He said all municipal inspectors — building, fire, health — had already reviewed the space and were prepared to issue sign-offs.

Owner Alex confirmed an awning installation and point-of-sale system (Toast) are pending but would not prevent opening. He confirmed financial capability to complete the project.

Board members expressed sustained frustration with the approximately 18-month timeline, with multiple members noting they had come to prior meetings prepared to vote to revoke. Several credited Dubin’s presence as the reason for granting additional time. The board continued the public hearing unanimously to February 25 at 7 PM.

The board unanimously approved one-day liquor licenses (beer and wine only) subject to standard conditions including proof of licensed-source purchase, liquor liability insurance, no overnight storage, and a $50 fee per license:

Alcohol to be purchased from Kathy’s Importing and Seaboard Beer.

The board approved one-day liquor licenses (beer and wine only) for:

• Marblehead Festival of Arts at Abbott Hall — February 6, 2026, 5–7 PM
• Marblehead Arts Association at 8 Hooper Street — 11 dates from February through November 2026
• New England Yankees at Abbott Hall — February 14, 2026, 7–10 PM

All approvals are subject to a $50 fee per event, proof of authorized alcohol source, proper storage and disposal, and liquor liability insurance. Alcohol must not be stored on premises overnight.

The Town of Marblehead (applicant: Building Commissioner Steve Cummings) sought removal of three trees near the Mary Alley building:

1. White pine — approximately 11–12 feet from the building; branches project over the new EPDM rubber roof; considered the highest-risk tree.
2. White pine (middle) — approximately 23 feet from the building; fiber optic line runs through its canopy.
3. Red pine — nearest the building entrance; minor borer issue present but not threatening overall health.

Cummings noted the $450,000 EPDM roof is susceptible to pine sap degradation and that the Mary Alley building is the main hub for the town’s fiber optic loop. Tree Warden Fulbert testified all three trees are in generally good health, and recommended removing only the closest white pine while exploring additional pruning on the fiber-optic tree before deciding. He cautioned that removing all three was “heavy-handed.”

Letters opposing removal were submitted by Sustainable Marblehead and resident John Morgan. Public commenters included a resident who worked in the building and supported removal, and another who advocated for preserving the trees’ environmental value.

The board continued the hearing unanimously to March 25, 2026, directing the tree warden and building commissioner to evaluate pruning options for the fiber-optic tree and to await further information on planned entrance renovation work that may affect the red pine.

Residents Ren Sui and Kristen Morgan (represented in part by a long-time neighbor) applied to remove a linden tree (Tilia americana basswood) in front of 2 Thomas Circle. Reasons cited included:

• An approximately 80-year-old tree with a lean toward the street
• Root damage cracking the driveway roughly halfway across
• Aphid honeydew coating parked vehicles
• Snowplow forced to make a wide arc, leaving ice buildup
• A grade differential making driveway entry difficult

Tree Warden John Fulbert (ISA-certified) testified the tree’s lean has been unchanged since at least 2007 per Google Earth, that the tree shows “reactionary wood” correcting its lean, and that bylaws do not allow removal for hardscape or nuisance issues. Compensation for removal would have been $6,250 or planting of 12 replacement trees. Sustainable Marblehead submitted a letter opposing removal. The board voted unanimously to deny the application and directed applicants to consult DPW about the driveway-grade issue on the public right-of-way.

All 2026 business licenses (lodging, automatic amusement devices, wine and malt, movie, and others) were renewed subject to standard conditions: taxes and fees paid, departmental approvals, state DPS approval for Sunday entertainment, valid certificate of inspection, and compliance with Chapter 304 of the Acts of 2024. One board member recused from the Gary Five (Veteran Fireman Association) vote; that license was voted separately 4–0. Restaurants were authorized at their discretion to remain open until 1:00 AM on Thursday, January 1, 2026.

The revocation hearing for wine and malt beverage license for Chen Dynasty (1 Atlantic Ave, license #00042) was continued from November 13, 2024. The applicant’s representative reported the contractor believed work could be done by Christmas; however, the fire chief and building commissioner, who conducted a walk-through, estimated approximately one month of remaining work to obtain all final inspections (building, electrical, plumbing/gas, fire suppression, and health department).

The board noted that rough inspections have been signed off; final inspections require all fixtures, appliances, hot water, and the ADA-compliant rear door opener to be in place. The fire chief stated that a substantial amount of work and money had been invested and recommended a further extension given visible progress. The board continued the hearing to February 11, 2026, treating it as a firm deadline. Separately, the 2026 license renewal was processed under the omnibus renewal motion (the board confirmed that renewal and revocation proceed on the same license simultaneously per legal counsel’s advice).

The board approved one-day beer and wine licenses for:

• Bubble Bar by Boston: December 6 and December 7, 2025, 1:00 PM–6:00 PM, Abbott Hall
• Rotary Club of Marblehead: December 13, 2025, 6:30 PM–10:30 PM, Abbott Hall

Standard conditions apply including proof of purchase source, liquor liability insurance, and no overnight storage of alcohol.

The continuation of the public hearing on the revocation of Shin Dynasty’s wine and malt beverage license (One Atlantic Avenue) was held. The licensee reported significant progress: plumbing, electrical, and building inspections have been signed off. Remaining items are a water inspection (dependent on National Grid restoring gas service, scheduled for the following day) and a health inspection (requiring hot water). A fire inspection also needs to be completed.

The state-mandated deadline remains November 30, 2025. The board noted it cannot formally extend beyond that date and encouraged the licensee to complete remaining inspections as quickly as possible. Town inspection staff stated they are ready to respond promptly. The hearing was continued to December 10, 2025.

The owners of Johnny Ray Music Emporium (Johnny Ray and Richard Coleman) presented their application for a secondhand dealer’s license at 31–35 Atlantic Avenue. Their inventory includes instruments taken on consignment and instruments from a personal collection accumulated over approximately 30 years. The business has a tracking system for secondhand items including photographs, serial numbers, and a 30-day hold period with identification documentation. Board members expressed enthusiasm about a retail business revitalizing the previously vacant corner location. The board voted unanimously to approve the license.

Verizon New England, represented by Alexandra Marrero of Pike Telecom (authorized Verizon contractor), petitioned to relocate one existing joint-use pole (40-class-2) on the southeast side of Rockaway Avenue approximately 15 feet to the northwest. The relocation is required because the existing pole is in the middle of the recently constructed rail trail path.

Community Development and Planning Director Brenda Kelly confirmed the pole is located directly in the trail path; Marblehead Light had already relocated a guy-wire to address a safety hazard. The pole relocation itself could not proceed until this petition.

A resident at 94 Rockaway Avenue attended after receiving a certified letter. The petitioner’s representative stated: installation of the new pole takes 2–3 days; cable transfers from each utility (Marblehead Electric, cable company, Verizon) take approximately one week each for a total of roughly three weeks; no interruption in electrical, cable, or internet service is expected as cables will be coiled rather than cut during transfer. The board confirmed that Verizon bears the cost of removing the old pole.

One resident spoke in favor (Brenda Kelly). No one spoke in opposition. The board voted unanimously to approve.

The board voted unanimously to approve three one-day liquor licenses:

Alcohol to be purchased from Cap’s Importing and Distributing and Oz Wine Company.

The Town Administrator presented the cannabis social equity policy, a requirement of the Cannabis Control Commission applicable to communities with host community agreements (HCAs). Marblehead has two HCAs, both expiring within approximately one year (one in April, one in November). At renewal, at least one must meet social equity criteria (minority-owned or disadvantaged business).

The policy’s one discretionary element is an impact-fee reduction. The town is authorized to impose up to a 3% impact fee; the policy as adopted provides a 1% discount for qualifying operators, effectively allowing a maximum 2% fee for social-equity-qualifying businesses. The Town Administrator noted the town has collected zero in impact fees to date as neither cannabis establishment has opened. The board voted unanimously to adopt the policy.

An applicant (Judy Gold) presented a 2-by-2 inch PVC and wrought-iron overhanging sign with painted lettering for 155 Washington Street. There is no existing sign at the location. The board voted unanimously to approve, subject to approval from the Old Historic Town Commission and receipt of required certificate of insurance naming the town as additionally insured.

The public hearing on the potential revocation of Dynasty restaurant’s wine and malt beverage license (1 Atlantic Avenue, license #0042-0656) was continued. Owner Alexander Lewis was unable to appear but submitted a written update indicating significant progress and anticipating compliance by the end of November. Annual renewal mailings are being sent, and Lewis must be in compliance (inspection, E.O., etc.) for license renewal. The board voted unanimously to continue the hearing to November 19, 2025.

The board approved a one-day liquor license for the Marblehead Arts Association for an event on Thursday, October 9, 2025 at their Washington Street location from 7:00 to 9:00 PM. The applicant was identified as Coze Kendall. Conditions included payment of the $50 fee, proof of purchase from an authorized source (identified as Caffe’s Imports), and compliance with MGL Chapter 138.

The board approved a routine change of manager on license number 06982-RS-0656 for La Ross Thai Asian Cuisine at 26 Hawk Street. The applicant, Ronald Sarkowski, noted that his wife manages the food and that menu changes are not planned. Approval is subject to required fees, ABCC approval, and Cory approval.

Tom Saltzman (Saltzman & Brenzel) represented the new owners of 421–423 Ocean Avenue, who are replacing a garage. The prior configuration included a 30-foot-wide center curb opening plus a 16-foot and a 12-foot opening — totaling 58 linear feet of curb cut — with an apron extending into the street. The Conservation Commission and ZBA approved the garage replacement project.

The requested curb cut modification was denied by the Town Engineer under two provisions of the curb-cut bylaw adopted in 2016:

1. Curb cuts shall not exceed 20 feet in width per residential property.
2. No driveway shall be located in front of the dwelling (measured from the two outermost front corners).

The proposal would reduce the center opening from 30 to 14 feet, leave the existing 16-foot opening unchanged, and convert the 12-foot opening to non-vehicular use — a net reduction of 16 feet of street frontage.

The Town Engineer noted that the 2016 regulations’ original intent is unclear to current staff and raised concerns about consistency and future sidewalk planning. Board members acknowledged the proposal appeared to be a safety betterment but were concerned about creating arbitrary one-off precedents.

Outcome: The board tabled the appeal and directed staff (DPW, community development, town engineer, and others) to return by the late-October board meeting with a policy recommendation addressing criteria for approving deviations, particularly regarding circular driveways and the front-yard prohibition.

The board conducted a legally advertised public hearing on the application of Floris Mantilla Inc., doing business as Floris Mantilla, 164 Washington Street, for a new wine and malt beverage package store license.

Attorney Elizabeth Besano represented applicant Nancy Mantilla, a Marblehead resident and florist with over 42 years of experience. Mantilla previously obtained a beer and wine license at her Boston location in 2017. The application described a curated selection of wine and champagne to complement floral gift purchases—not a broad retail alcohol inventory.

No one spoke in opposition. The board approved the license unanimously.

Hours of operation: Monday–Saturday 9 AM–6 PM; Sunday 10 AM–6 PM. Approval subject to required fees, ABCC approval, and Cory approval.

The board approved a one-day liquor license for Bubble Bar Boston to operate at the Jeremiah Lee Mansion on Saturday, October 4, 2025 from noon to 3 PM. Conditions include payment of the $50 fee, proof of purchase from an authorized source (Martini Liquors), and compliance with MGL Chapter 138 storage and disposal requirements. The vote was taken by roll call.

The board continued a public hearing — originally opened November 13, 2024 — on potential revocation of the wine and malt beverage license for Shin Dynasty at 1 Atlantic Avenue. The landlord’s representative reported significant construction progress: the firewall between units is nearly complete from floor through roof, the door has been framed and installed, and an electrician pulled a permit and was expected to electrify the door within the week. Estimated time to full completion is two to three months.

The Town Administrator noted a second deadline: under ABCC requirements, the premises must pass all inspections (building, fire, etc.) by November 30 for the annual license renewal cycle. The board continued the hearing to October 8.

Farine Artisanal French Bread (164 Washington Street): Designer Suzanne Noden presented a 22″×23″ two-sided wooden overhang sign in deep red, yellow, and cream, inspired by the medieval region of France where owner Laurent is from. The sign will hang with a minimum clearance of 8 feet. Approved subject to OHDC review, sign permit, and receipt of required insurance.

Brothers Consignment (address on Washington Street): Applicant Kathleen Doyle received approval for a secondhand dealer’s license and a 24″ round overhang sign, both subject to standard conditions including building department clearance and required documentation.

The board approved the assignment of the host community agreement (HCA) previously held by Seven Leaf Sisters Inc. to KCCS LLC (d/b/a Cannabis Culture), contingent on Cannabis Control Commission approval. The assignment does not take effect until the closing of the transaction, expected imminently.

KCCS already operates a cannabis retail location in Northampton. All existing HCA terms, employee arrangements, and operating conditions are to be maintained.

Board discussion also raised questions about the second existing HCA holder (applicant Mark Shakara, West Shore Drive location), which has also not opened. The Town Administrator noted there is no mechanism in the existing agreements to revoke HCAs before expiration for failure to open; the board will have options when agreements expire. The town receives 3% of cannabis retail sales under the HCA structure, though the Town Administrator noted state law has significantly restricted the impact fees municipalities can charge.

The continued public hearing on the potential revocation of the wine and malt beverage license held by Shin Dynasty at 1 Atlantic Avenue was continued again to September 10, 2025.

The licensee reported that after a prolonged negotiation between a new contractor and the landlord, a contract was signed at the end of July and work has begun. The firewall (required after the building department found none existed between units) is nearly complete at floor level and progressing through the ceiling. An electrified ADA-compliant door has been ordered and delivered to the site but not yet installed; framing is in progress. The contractor estimated one to three months for all work—including the landlord’s portion—to be completed.

The board agreed to continue the hearing to September 10, 2025 and require an update at that meeting. A board member noted he had been inclined to move toward revocation before hearing that work had physically started.

Two One-Day Liquor Licenses (Wine and Malt Beverage only) approved for the Kearsarge Lodge at Abbot Hall on November 7 and 8, 2025, 7:00-10:00 PM, subject to:

• $50 fee each
• Proof of authorized alcohol source
• Proof of proper storage, delivery, and disposal per G.L. c. 138
• Authorized distributor to be confirmed before license is released (alcohol purchased from Merrimack Valley)
• Certificate of Insurance
• No alcohol allowed on the premises overnight or unattended

Moved by Grader, seconded by Noonan. Polled vote 5-0: Zisson in favor, Singer in favor, Grader in favor, Noonan in favor, Fox in favor.

Motion to approve a Private Drain Connection license between the Town and Doug Larose and Bella James of 18 Orchard Street, as presented, with the Chair authorized to sign on behalf of the Board.

All in favor. No discussion.

Steven Manchini appeared before the Board to apply for a Secondhand Dealers License for Marblehead Custom Jewelry at 66 Washington Street.

Motion made and seconded to approve the application subject to receipt of the required fees, forms, and CORI approval. All in favor.

The new general manager of the Corinthian Yacht Club at 1 Han Street appeared before the board, describing his background in food service and club management in the Boston area, including Turner Hill and Chesters Country Club. The board approved the change of manager application for liquor license number 008-CL-0656 unanimously.

A public hearing was held under MGL Chapter 87, Section 3 on a request from Martha Walton of 344 Ocean Avenue to remove two Norway maples (11” and 13” DBH) located on the Brown Street side of her property line.

Tree Warden John Forward testified that the trees are approximately 50–55 feet tall with foliage only beginning at 35–40 feet, self-seeded, and while technically viable shade trees, Norway maples are considered weed trees. He raised no objection to removal. The compensation agreement requires Walton to remove both trees and stumps at her own expense and replace them with two shade trees at the location plus two additional trees elsewhere in town, in accordance with town shade tree regulations.

The board noted the trees had been posted with signage for two weeks. Walton participated remotely but experienced audio difficulties; the board proceeded based on her written application in the record. The hearing was closed and the removal was approved unanimously.

The board approved a temporary outdoor dining application for Café Italia at 10 Bessom Street for the 2025 season in accordance with the town’s temporary outdoor dining policy. A letter of support from the property management company (Rocket Management) was on file. Approval was conditioned on receipt of required forms, fees, insurance, and approvals from police, fire, building commissioner, and town administrator. The vote was taken as a polled vote and was unanimous.

The Select Board continued a public hearing, originally opened November 13, 2024, on revocation of the wine and malt beverage license held by Shin Dynasty at 1 Atlantic Avenue. The licensee described a lengthy process to obtain state approval for an ADA-compliant entrance design, which was finalized at the end of March 2025 after multiple rounds of state revisions. A firewall issue, discovered in mid-October 2024, has prevented interior work from proceeding.

A contractor (identified as Doug Dubin) has indicated he could begin work in June, with a projected two-to-three month completion timeline. No signed contract was yet in place. The board agreed to continue the hearing to the August 13, 2025 meeting and requested timely updates from the licensee as developments occur.

The board approved 2025 temporary outdoor dining applications for:

• The Barman, 257 Washington Street
• Five Corners Kitchen, 2 School Street

Approval is subject to receipt of required forms, fees, and insurance, plus approval from police, fire, building commissioner, and town administrator. Vote was unanimous on a roll-call.

Article 45 would have added zoning bylaw provisions for storage of fishing gear and lobster traps. The sponsor moved indefinite postponement, and lobsterman Sean Sullivan confirmed the fishing community unanimously supported it, intending to return with a revised article next year. The postponement passed 418–13.

The director presented updated body art establishment regulations developed in coalition with neighboring communities including Salem, Lynn, Swampscott, Danvers, and Peabody. The updated rules address permanent makeup (PMU), apprentices, practitioners, and guest practitioners—categories not covered by the older regulations.

After adopting the regulations by unanimous vote, the board reviewed a new permit fee schedule to replace the existing two fees (establishment permit $500, practitioner permit $200):

The board noted a discrepancy between two versions of the fee document before confirming the figures above. A brief explanation of guest practitioners was provided—large tattoo establishments sometimes bring in traveling artists, particularly during Salem’s October events. The fee schedule was approved unanimously.

The board considered a licensing request from Rich Sha of Marblehead for an automatic amusement device — a Key Master prize-redemption arcade machine (model 3516, serial number 130401640) — at a local business. Applicant Chris Patel confirmed the nature of the device online. The motion was approved unanimously.

The board approved one-day liquor licenses for three events:

Standard conditions apply including proof of purchase from authorized sources, liquor liability insurance for events on town property, and no unattended alcohol. The vote was taken as a roll call: Fox, Murray, Singer, Grader, and Nunan all in favor.

Jared Horney, General Manager of Eastern Yacht Club at 42–44 Foster Street, requested a seasonal, annual, and Sunday entertainment license for live music and DJs at the pool, Sunday through Saturday, 1:00 PM to 10:00 PM. The club already holds a seasonal liquor license and an entertainment license for the clubhouse. The board unanimously approved the application, subject to receipt of all fees, forms, and Department of Public Safety approval. Music is not to be audible from the street.

The DPW director noted that final draft documents for tobacco control and body art regulations are ready. The board agreed to hold a public hearing on both items at the April 28th meeting, with notice to be published in the local paper.

Articles 38 and 39 – Transfer fee-setting authority to Select Board: Would allow the Select Board to set building permit and electrical fees after a public hearing, rather than requiring town meeting approval. No direct FY26 financial impact; no FinCom recommendation.

Article 40 – Building Permit Fee Increase: Increases the comprehensive permit fee from $15 to $17 per thousand dollars of project value. A resident (unidentified) raised concerns that Massachusetts law requires a formal cost-justification process before raising fees and that fees may not be used as revenue generators. The town administrator indicated they would verify compliance. Approved unanimously.

Article 41 – Electrical Fee Schedule: Updates the electrical permit fee schedule to add a new fee category for electrical storage battery installations (e.g., home battery systems paired with solar panels). The $17/thousand reference is incorporated for consistency with Article 40. Approved unanimously.

The board conducted a roll-call vote to renew the Dolphin Yacht Club’s all-alcoholic seasonal club license and Sunday entertainment license at 17 Allerton Place under manager Scott Kelly, subject to all taxes, fees, and required approvals. Both motions carried unanimously.

Lori Moore was approved as the new general manager of the Boston Yacht Club, subject to ABCC approval.

Amy Conney presented plans for Local Noon, a beach retail store with rotating artist pop-ups and arcade games at 92 Washington Street (former Fat Face location). The board unanimously approved four separate licenses: a secondhand dealer’s license, a sign permit for a sign overhanging the public way, an annual and Sunday entertainment license for acoustical music (Mondays–Sundays, 10 AM–6 PM, music not audible from the street), and three automatic amusement device licenses at $100 each.

Cable Television Advisory Committee Chair Bob Peck, member Ruth Ferguson, and town counsel Attorney William Solomon presented the Verizon renewal license for board approval. Key terms include:

Peck noted that declining cable subscriptions and potential federal deregulation create some risk of Verizon exercising the three-year opt-out. The board voted unanimously to approve the license effective March 26, 2025.

So Bistro (Sole Concepts Inc.)

• Moving from 10 Besam Street to 195 Pleasant Street
• Common Vic license and wine-and-malt license approved
• Seating capacity: 22; hours: Mon–Sat 9 AM–11 PM, Sun 10 AM–11 PM
• Subject to ABCC approval and required departmental sign-offs
• Owner indicated a soft opening possible the following week

Cafe Italia (Cafe Italia of Marblehead Inc.)

• Moving from 10 School Street to 10 Besam Street, units 9–10
• Common Vic license and all-alcoholic beverage license approved
• Seating capacity: 70; hours: Mon–Sun 11 AM–midnight
• Owner Donna Olive Rio noted she had been at the previous location for 20 years; the property was sold
• Target opening: end of April

Both hearings were legally advertised and abutters notified. No opposition was voiced at either hearing.

The board reviewed draft tattoo establishment regulations developed through the North Shore Public Health Coalition. Proposed fee schedule discussed:

The chair noted the establishment fee had not been updated since approximately 2003 and recommended $715; discussion settled on fees roughly in line with the coalition’s recommended figures. The board voted unanimously to forward the regulations to town counsel and proceed toward scheduling a public hearing. Tobacco regulations (last updated 2016) were also briefly discussed; the director will present draft language adding synthetic marijuana provisions at the next meeting (March 24).

Alexander Lewis, operator of Shin Dynasty at 1 Atlantic Avenue, presented a letter from building owner Debra Kotter explaining delays attributable to COVID-19 supply-chain disruptions and a subsequent stop-work order requiring a new firewall and ADA entrance. Two architects have been retained; a variance request with CAD drawings has been submitted to the state and is awaiting approval. Lewis estimated approximately two weeks of remaining interior work once the firewall is complete. The board noted the license renewal comes up in approximately May.

Commodore Carl Renny appeared before the board to request approval of the Corinthian Yacht Club’s change of officers and directors. The board approved the application subject to receipt of required forms, fees, and approval from the Alcoholic Beverage Control Commission.

Eastern Yacht Club General Manager Jared Toney presented the club’s routine biannual application to change officers and directors on its liquor license. The board approved the application by unanimous roll-call vote, subject to receipt of required forms, fees, and ABCC approval.

Elizabeth and Lindsay presented on behalf of 231 Washington Street, a mixed-use building whose commercial tenant Daniel M Jewelry requested a blade sign measuring 24 inches wide by 14 inches tall. The board approved the application subject to a sign permit from the building department, receipt of all fees, and a certificate of insurance naming the town as additionally insured.

The board voted unanimously to renew all 2025 licenses for businesses in Marblehead, subject to payment of all outstanding taxes and fees, departmental approvals, valid certificates of inspection, certificates of occupancy as applicable, and compliance with Chapter 304 of the Acts of 2004.

Angelo Bato of Elia Verna requested an annual entertainment license for live music Thursdays 6–9 PM, responding to customer demand. The board approved the license subject to no music being audible from the street. German Ramirez (represented by his son as translator) of Java Sun at 35 Atlantic Avenue received a Common Vic license for Monday–Sunday 5 AM–7 PM operations.

John Ketzer appeared on behalf of Riptide RG Inc., which is under agreement to purchase the property and business at 116 Pleasant Street. Ketzer cited 15+ years in the restaurant industry and four years operating Mercy Tavern in Salem with no issues. The public hearing drew no opposition or support speakers. The board approved both the Common Vic license and the transfer of the all-alcoholic beverage license, with hours of Monday–Saturday 9 AM–midnight and Sunday 11 AM–midnight, subject to standard conditions.

Attorney Michael Vito appeared on behalf of Shin Dynasty LLC and licensee Alex Lewis to respond to an outstanding license revocation notice. The license was originally granted in 2020 (applied for in 2019). Delays were attributed to COVID-19 causing the initial contractor to close, a subsequent basement flood requiring full electrical and plumbing renovation, and recent discoveries of a missing handicap-accessible entrance and a required firewall between Shin Dynasty and the adjacent pizza establishment. Counsel indicated these issues are being addressed and estimated the business could open within three to four months.

The board continued the revocation hearing to May 2025, requiring the licensee to report monthly in person or in writing. The board also advised the licensee to maintain contact with Building Commissioner Steve Cummings, whose sign-off is required before any further license action.

The board approved three one-day liquor license requests:

The vote was unanimous on a roll-call basis.

The board approved a request from North Shore Medical Center to make cosmetic alterations to their leased space under Section 17 (Alterations and Installation of Equipment) of the lease agreement executed March 6, 2023. The total project is estimated at $113,000.

The board approved a one-day liquor license for Matt McGuire of Bent Water Brewing Company for an event at the Lien Mansion, 161 Washington Street, on Saturday October 5, 2024 from 10:00 AM to 3:00 PM. Standard conditions apply including a $50 fee, proof of authorized alcohol source, liquor liability insurance, and prohibition on leaving alcohol unattended overnight.

The board approved a lease and license agreement with Marblehead Trading Company for operation of the town boatyard at Cliff Street and Commercial Street (formerly Clout Men’s Boatyard), together with a license for boat storage at Redstone Lane (formerly Parker’s Boatyard). Key terms:

Board members noted the boatyard serves approximately 300 boats annually and contributes roughly 20% of the Harbors and Waters Enterprise Fund.

The applicant — represented by attorney Beth Keeley of Butters Brazilian and Father Andrew on behalf of the owner — sought an amendment to the existing Section 19C brewery pouring permit (license no. 03795-BP0656) to cover outdoor space between two buildings at 124 and 120 Pleasant Street.

Phased occupancy approved:

The outdoor area totals approximately 5,300 sq ft. Architectural drawings showed seating configurations of 452 (tables/chairs), 563 (concentrated seating), and up to 1,000 standing (limited by three egresses and fixture count). A Christmas market configuration (stall-style) was also presented. The fire department (Captain Law) confirmed agreement with the plan at an earlier inspection meeting. The board noted that no on-site parking is provided, similar to other Marblehead churches. The motion conditioned approval on all departmental approvals, a valid certificate of inspection, and compliance with Chapter 304 of the Acts of 2004.

The board approved a one-day liquor license for Marblehead Little Theater, 12 School Street, for Saturday August 17, 2024, 7:00–10:00 PM. Conditions include payment of the $50 fee and proof that alcohol will be purchased from an authorized source (Bent Water Brewery). The vote was taken as a polled vote rather than as part of the consent agenda.

The board approved a one-day liquor license for Father Andrew of Egypt House for an event on August 15, 2024, from noon to midnight. A brief discussion clarified that midnight is consistent with hours granted to other establishments in town. Alcohol is to be purchased from Marblehead Brewing Company and Sheehan and Seaboard, subject to a $50 fee and proof of purchase from authorized sources.

The board approved temporary outdoor dining applications for four restaurants, the first year operating under newly established town policies modeled on Salem’s program. All approvals are contingent on receipt of required forms, fees, insurance, and sign-off from police, fire, and the town administrator on a site-by-site basis.

Approved restaurants: | Restaurant | Address | Notes | |—|—|—| | The Barman | 259 Washington St | Unanimous | | Five Corners Kitchen | 2 School St | Unanimous; uses 3 parking spaces on School St | | Elia Verna | 261 Washington St | Unanimous | | The Landing | 81 Front St | 4–1 (Grader abstained); hours of operation on public way to be coordinated with Town Administrator |

Key discussion points:

• The Landing’s table layout was flagged as potentially too large; the town administrator referenced a prior letter restricting hours to balance commercial fishing operations (tables permitted beginning at approximately 5:00 PM on weekdays).
• Jersey barriers are required to separate outdoor seating from traffic; these remain in place for the season (approximately four months).
• Board members asked restaurant staff to park farther from neighboring businesses to reduce impact on shared parking.
• The board noted a $1.50/sq ft fee structure and indicated it may be revisited in future years.
• One board member raised concerns about sidewalk accessibility for elderly residents navigating around barriers.

Johnny Ray Castro, owner/operator of NH Restaurant and Entertainment Group, appeared before the board to request annual licenses for two venues at 123 Pleasant Street:

1. Beacon Restaurant and Bar — Annual entertainment license, Monday–Saturday noon–11:30 PM, Sunday 10:00 AM–11:30 PM. No music to be heard from the street.
2. Warwick Cinema — Annual movie theater license.

Both licenses were approved unanimously, subject to fees being paid and Commonwealth Department of Public Safety approval for Sunday entertainment. The board noted that outdoor music requests must be brought forward as they arise rather than included in a blanket annual license.

The board approved an updated host community agreement with Seven Leaf Sisters, a cannabis operator, to comply with new Cannabis Control Commission regulations governing how municipalities structure such agreements, particularly regarding impact fees. The CCC provided a template which the town adapted. The town administrator was authorized to sign on behalf of the board.

Town Administrator Thatcher presented an outdoor dining policy developed after the ABCC delegated local approval authority to municipalities. The policy was adapted from Salem’s framework and covers:

• Location: Dining areas must be contiguous to the establishment; some flexibility allowed for buildings with varying configurations
• Capacity: Limited by existing restroom capacity; no unlimited outdoor expansion
• Oversight: Applications require sign-off from police, fire, board of health, building department, and DPW
• Alcohol: Permitted only at tables, in conjunction with food (common victualer license); existing liquor license holders apply for expanded outdoor service
• Season: Memorial Day through end of October
• Fees: Nominal fee for use of public space; separate fee for use of Jersey barriers if needed
• Insurance: Covered in a separate license agreement (not this policy document) requiring the town be named as additionally insured

The policy is designed to be case-by-case; approximately four applications are pending. Board members noted some businesses lack the geographic advantage to participate. The board adopted the policy unanimously.

The board approved eight one-day liquor licenses for Andrew Barnett of Marblehead Little Theater for performances of ‘Something Rotten’ at 12 School Street. Dates span June 21–30, 2024, with alcohol to be purchased from Kathy’s Importing. All standard conditions under General Laws Chapter 138 apply.

A public hearing was held for My Thai Lounge LLC, 65 Pleasant Street, regarding a request to make outdoor seating permanent. Applicant Amanda Breen noted the outdoor seating had been permitted during the COVID period and she wished to formalize it.

No one spoke in opposition or in favor during the public comment portion. The board closed the hearing and approved the motion unanimously.

License terms:

• Maximum 18 outdoor seats
• Subject to landlord approval and receipt of certificate of liability and department sign-offs
• Hours: Monday–Saturday 9:00 AM–midnight; Sunday 11:00 AM–midnight

Scott Kelly appeared before the board to present his application for a change of manager on the Dolphin Yacht Club’s all-alcohol beverage club license at 17 Allerton Place. He noted he has been part of the management team for one season and has approximately 30 years of restaurant management experience. The board voted unanimously to approve the change of manager.

Attorney John Moradian presented the application on behalf of Kush Patel and Nita Ben, who formed Che LLC to purchase Richdale at 29 Smith Street. No changes to the store footprint or operations were proposed. Hours of alcohol sales will be Monday–Saturday 8 AM–11 PM and Sunday 10 AM–11 PM. The applicants plan to implement an ID scanner and ensure all staff are TIP certified. No public opposition was raised. The board voted unanimously (poll vote) to approve the transfer.

Article 53 would amend the zoning bylaw regarding shed size requirements. Sponsor Kenneth Grant was present. The Finance Committee made no recommendation as there is no financial impact.

Article 41 would authorize the Select Board to negotiate and acquire an easement at 297 Ocean Avenue (Fishing Point Lane area) to allow maintenance of a town drainage pipe running under private property.

Town’s position (DPW/Town Administrator):

• A drainage pipe runs underground along the edge of the property with an outfall to the ocean
• The pipe needs repair and a new head wall
• An easement is needed to access the pipe with equipment
• Alternative routing would require expensive pumping infrastructure
• The pipe has not needed attention since 2010
• This article gives the Select Board authority to negotiate; final terms to be determined by appraisal

Property owner’s attorney (Mike Landers):

• A land court case (upheld by Appeals Court) determined the town has no rights whatsoever in this property — not easement rights, not passage rights
• The property is worth approximately $5 million; the easement would affect approximately one-third of the property
• Compensation could potentially reach seven figures
• The town has been trespassing by running water through the pipe
• Alternative engineering solutions exist that the town has not fully explored
• First substantive contact with owner did not occur until the warrant article was filed

FinCom voted unanimously to recommend indefinite postponement, citing inability to quantify financial impact.

Articles 31 and 32 (building department permit fee increases): Fees were last adjusted in 1991. After surveying surrounding communities, staff found the going rate for itemized permit transactions (plumbing, electrical, etc.) is approximately $75, while Marblehead’s current rates are $30–$60. A conservative $20 across-the-board increase was adopted, estimated to generate approximately $29,000 in new annual revenue. Comprehensive permits (at $15 per thousand) were left unchanged as that rate is competitive.

Additionally, the town is sharing a building commissioner with Swampscott through a contract, generating savings that will fund an additional building inspector for increased code enforcement. New aerial mapping software has identified over 800 exterior property improvements over a three-year period for review to capture unpermitted work and missed new growth.

Article 33 (dog license fees): Fee unchanged since 2001 ($15 for altered, $20 for intact dogs). The new fee structure will increase revenue from approximately $45,000 to $60,000 annually based on approximately 3,000 registered dogs. All three articles recommended unanimously.

Multiple committee members referenced the MBTA overlay district zoning change expected to come before town meeting. If approved, the zoning change would allow up to approximately 900 new residential units to be built in Marblehead. Members argued this potential population growth, combined with enrollment projections showing roughly 100 additional students over the next 8–10 years, warranted retaining existing school buildings rather than disposing of them for a one-time cash infusion.

The board approved nine one-day liquor licenses for Jaji King Kendall (Marblehead Arts) at King Hooper Mansion, 8 Hooper Street, for events from 6:30 PM to 9:00 PM on the following dates in 2024: March 14, April 18, May 16, June 20, July 18, August 15, September 19, October 17, and November 14. Conditions include a $50 fee, proof of authorized alcohol sourcing, and proper storage/disposal per MGL Chapter 138. Alcohol to be purchased from Cap’s Importing and Distributing.

The board held public hearings and approved four liquor license matters:

1. Kitchen Table Inc. / Sole Bistro (10 Besam Street): Approved change of corporate name from Kitchen Table to Sole Concepts and change of stock interest following a partner’s departure.
2. Corinthian Yacht Club (1 Corinthian Street): Approved routine biennial change of officers and directors (new Commodore).
3. Riptide Group LLC (116 Pleasant Street): Approved pledge of all-alcoholic beverage license to North Shore Bank as loan collateral.
4. Johnny Ray’s / A&H Restaurant and Entertainment Group LLC (123 Pleasant Street): Approved new common victualer license and transfer of all-alcoholic beverage license from Warwick Entertainment to the new LLC following a partner buyout. Hours Monday–Sunday 10 AM–midnight.

New/amended licenses:

MS Walk: Approved for Saturday May 11, 2024, starting and ending at Marblehead High School, subject to police/fire/schools/rec approvals, police details, and certificate of insurance.

2024 annual renewals (unanimous votes) covered lodging houses, entertainment licenses, secondhand dealers, automatic amusement devices, a movie theater license, Sunday entertainment licenses, common victualler licenses, package store licenses (alcoholic and wine/malt), all-alcoholic common victualler licenses, wine and malt licenses, in-holder licenses, club licenses, fraternal and veterans club licenses, a brewery pouring permit, and carry-in alcoholic beverage licenses for approximately 50 named establishments.

Extended hours: Restaurants permitted to remain open until 1:00 AM on Monday January 1, 2024.

The board held a public hearing on an appeal by Sally Thompson, owner of 34 Front Street, of an Old and Historic District Commission (OHDC) denial of a Certificate of Appropriateness and an order to remediate exterior mini-split line sets installed in 2020.

Appellant’s arguments (Attorney Ken Schultz and Sally Thompson):

• The mini-split system was installed in June 2020 during COVID-19, when OHDC was believed to be closed and unreachable.
• Ms. Thompson’s daughter had undergone brain surgery and the house, surrounded on three sides by public ways with no grass, became dangerously hot.
• The condenser was placed under a deck and the line sets ran along the only feasible exterior wall.
• The work was not done in bad faith; other visible line sets exist on nearby homes in the historic district.
• Moving the line sets to the interior would cost an estimated $15,000–$20,000 and is described as financially prohibitive.
• The attorney cited Chapter 233, Section 233-3C, arguing the board has authority to grant relief based on substantial hardship (financial and health-related) that does not substantially derogate from the act’s purpose.
• Multiple other Massachusetts towns (Andover, Concord, Lexington, Newburyport, Salem, Dedham) already allow exterior line sets in historic districts.
• Marblehead’s own 2018 net-zero commitment and Green Marblehead roadmap explicitly calls for allowing changes to historic buildings that reduce greenhouse gas emissions.
• The OHDC’s March 2023 updated guidelines post-date the installation, meaning no clear codified guidance existed in 2020.

OHDC’s response (Chair Charles Bert):

• The OHDC did not close during COVID; it canceled only one in-person meeting in March 2020 and resumed virtually the following month with documented minutes.
• HVAC condensers and line sets are modern equipment that cannot be judged historically appropriate; where visible from a public way, OHDC has purview.
• The commission pursued the violation through its standard three-step process (activity notice → violation notice → enforcement notice).
• The commission has resolved 25 HVAC violations since 2018, including 12 specifically involving line sets; only one prior HVAC appeal was filed and the OHDC decision was upheld through the State Supreme Court.
• The commission voted 5–0 to issue the order of remediation after four separate hearings and multiple continuances requested by the applicant.
• Health, financial, and sustainability factors are outside the OHDC’s mandate; its charge is strictly historical appropriateness, applied consistently to all property owners.
• No HVAC or electrical permits were pulled for the work.

Board deliberation: Board members found the OHDC’s authority clear and specifically defined under bylaw section 110-3, that the commission acted consistently and without arbitrariness, and that the proper venue for policy changes on heat pumps and sustainability in the historic district is town meeting. One member noted participation on the Green Marblehead Committee and acknowledged the broader policy tension but affirmed the board’s limited review role.

The board voted unanimously to deny the appeal and uphold the OHDC’s order of remediation.

The board approved a Common Victualer license for Nino’s Roast Beef at 27 Atlantic Avenue. The applicant explained the business was continuing under family ownership, with the applicant having been a silent partner with his brother for six years. Hours of operation are Monday–Saturday 11 AM–10 PM and Sunday noon–8 PM.

The board approved a one-day liquor license for the Marblehead Friends of Performing Arts fundraising gala on Thursday, November 2, 2023, from 7:00 PM to 10:00 PM at the King Hooper Mansion, 8 Hooper Street. Conditions included payment of the $50 fee, proof of purchase from an authorized source (Cap’s Importing), and compliance with MGL Chapter 138.

Tim Wissler received approval for a 3-foot by 2-foot wooden overhanging sign for Old Town Antiques at 134 Washington Street, Unit 4. The location is in the Old and Historic District, but because the sign does not exceed two by three feet, it did not require Old and Historic District Commission (OHDC) approval, only Select Board approval. Wissler described the shop’s focus as Marblehead-centric historical items — ship’s logs, broadsides, Elbridge Gerry letters, old postcards — with a planned opening in April 2024. The building dates to the late 1700s; Wissler is restoring exposed beams and two fireplaces. Approval was subject to receipt of the required sign permit and certificate of liability naming the town as additionally insured.

The board held a public hearing on an application from Peculiar Incorporated d/b/a Ilia Verna, 261 Washington Street. The applicant explained that his son Angelo runs the daily operations and should be formally listed as manager. No one spoke in favor or opposition beyond the applicant.

Two separate roll-call votes were taken:

1. Change of manager to Angel Obito — unanimous (5–0)
2. Change of officers/directors and transfer/issuance of stock — unanimous (5–0)

Both approvals are subject to required forms, fees, and ABCC/CORI approval.

Architect Walter Jacob and property owner Fred Klo presented plans to replace non-historic wooden steps at 9 Selmon Street with granite steps. The existing steps sit on town property. Because the Old/Historic District Commission (OHDC) was uncertain of its jurisdiction over town property, the applicants sought select board authorization first. The board approved the request, allowing submission to OHDC, and agreed that upon OHDC approval a formal license agreement (including indemnification and insurance requirements, with attorney fees borne by the owner) would be executed. The proposed steps are one square foot smaller than the existing ones.

The board approved a one-day liquor license for Elizabeth Halbert for an event at Old North Church, 8 Stacey Street, on Friday November 17, 2023 from 6:30 PM to 9:30 PM. Alcohol will be purchased from Cap’s Importing. Standard conditions apply including a $50 fee and proof of proper storage. The vote required individual polling of members and passed unanimously.

The board approved three one-day liquor licenses by unanimous roll-call vote:

All licenses were subject to standard conditions including required fees and proof of authorized alcohol sourcing.

The board approved a date revision for the Old Marblehead Improvement Association’s use of the Old Townhouse to November 19, 2023 (1–5 PM).

Two polled votes on liquor licenses followed:

• Marblehead Little Theater: one-day license for August 26, 2023, 7:30–9:30 PM at 12 School Street for a comedy show; alcohol from Bent Water Brewery. Fee: $50.
• Marblehead Arts Association: three one-day licenses at 8 Hooper Street on September 21, October 19, and November 16, 2023 (6:30–9:00 PM each); alcohol from Cap’s Wholesalers. Fee: $50 per license.

All polled votes were unanimous.

The board approved a one-day liquor license for Pleon Yacht Club at 42 Foster Street for a fundraising event on Sunday, July 2, 2023 from 6:00 PM to 10:00 PM. Approval was subject to receipt of the $50 fee, proof of purchase from an authorized source (KPI’s Importing), and compliance with G.L. Chapter 138.

The board conducted a public hearing on an application for a carry-in alcoholic beverage license for Plus Cafe at 34A Atlantic Avenue. The applicant explained that the license was requested in response to customer interest, allowing patrons to bring their own wine or beer while visiting the cafe, and that hours might be extended to 8 PM in winter months.

No speakers appeared in opposition or in support. The board approved the application subject to:

• Police chief approval
• Receipt of required forms, fees, and departmental approvals
• ABCC approval
• A TIPS- or BAT-trained person on premises at all times during carry-in hours
• Hours: Monday–Sunday, 10 AM–10 PM
• Seating capacity: 20

The vote was unanimous.

The board approved the following one-day liquor licenses and event use requests:

All votes were polled and unanimous. Alcohol purchases are from licensed wholesalers in each case.

Approved unanimously (polled vote): One-day liquor license for the Festival of Arts (applicant Cinda Rommer) at Abbott Hall, Friday June 2, 2023, 5:00–7:00 PM. Beer/wine only. Conditions: required fee paid, proof of purchase from authorized source (Carolina Wine and Spirits), liquor liability insurance, no alcohol to remain on premises overnight.

Outdoor Dining — Zoning (polled vote, unanimous) and Outdoor Dining — Beverage License (polled vote, unanimous):

Pursuant to Chapter 42 of the Acts of 2022, outdoor table seating and food service reinstated through November 30, 2023. Approval is revocable by Health Dept., Police Chief, Board of Health, or Town Administrator. ADA/fire/building/zoning compliance required; 36-inch sidewalk clearance mandated. Restaurants must submit application to Select Board office. Town Administrator to negotiate site-specific conditions (jersey barriers, dock-area time restrictions for commercial fishing compatibility).

Plus Café (34A Atlantic Avenue) — Common Vic License Hours Amended (unanimous):

• Monday–Friday: 6:00 AM–10:00 PM
• Saturday–Sunday: 7:00 AM–10:00 PM

Two applicants competed for the town’s one available wine/malt beverage license:

Applicant 1 — Marblehead Hotel LLC, 264 Pleasant Street

• Attorney Paul Lynch presented; manager Julius Socal.
• 10-room inn in operation since 1972; recently created a ~400 sq. ft. gathering area with seating for 11.
• Seeking license to allow guests to enjoy wine/beer without leaving the property.
• Hours: Monday–Sunday 10:00 AM–12 midnight. No public opposition.

Applicant 2 — Hopped at the Carey (Bacca Three Ales Marblehead LLC), 31 Atlantic Avenue

• Attorney John Cannell (Upton Connell & Devlin); manager Steven Gabardi.
• Operator of a craft brewery in North Reading since 2021; ranked ~30th out of 250 MA breweries.
• Proposed tap room: ~100–110 seats inside, 2,700 sq. ft., hours 11:30 AM–11:00 PM seven days; at least 15 new jobs projected.
• 140-signature petition in support submitted.
• Counsel argued license is a public asset best used in a commercial zone to anchor Atlantic Avenue.
• Opposition: Resident Lynn Chenowski (21 Hawk Street) cited parking congestion, noise from dumpsters/deliveries/patrons, and quality-of-life concerns for neighboring residential units.
• Support: Resident Wendy Webber spoke in favor, citing walkability and community gathering value.

Deliberation highlights: One board member expressed a preference for Hopped at the Carey due to scale and potential to activate the Atlantic Avenue commercial corridor. The chair and others noted sympathy for both applicants; the deciding factor for the majority was the Marblehead Hotel’s status as an existing business.

Vote (polled): Motion to approve Marblehead Hotel — 3 in favor, 2 opposed. License awarded to Marblehead Hotel.

Counsel for Hopped at the Carey noted the lease walkaway deadline of June 15, making the suggested site-specific license legislative process unworkable in time.

The board approved a one-day liquor license for Coastline Marine Services for June 3, 2023, approved an amended date of July 1, 2023 for the Festival of Arts 5K race, and approved use of Abbott Hall for the Festival of Arts VIP launch party on June 2, 2023. The board accepted Katie Ferrell’s resignation from the Fair Housing and Disabilities Commission after many years of service and directed a thank-you letter be sent; the vacancy was publicly announced.

The board approved a wine charity license for the Friends of Marblehead Council on Aging for June 2, 2023, at 10 Humphrey Street, and a one-day liquor license for the Marblehead Museum’s annual fundraising event on September 9, 2023, at Lee Mansion. Both required roll-call votes as alcohol licenses. The board also approved private drain connection license agreements for 7 McKinley Road and 31 Elm Street, and approved meeting minutes from four April 2023 meetings.

The board approved a one-day liquor license for John Connell on behalf of Bentwater Brewing Company for the Marblehead Spring Celebration at the Jeremiah Lee Mansion, 161 Washington Street, on Saturday May 13, 2023, from 9:30 a.m. to 2:30 p.m. Standard conditions apply including proof of authorized alcohol sourcing and a $50 fee.

The Select Board held a required public hearing on a carry-in alcohol beverage license application for A&D Clam Box at 195 Pleasant Street. The applicant, identified as Clevis, explained customers had requested the ability to bring their own beer and wine, particularly for outdoor seating in summer. No members of the public spoke in opposition or in favor. The board approved the application unanimously, subject to police chief approval, required fees, departmental approvals, ABCC approval, and mandatory TIPS or BAT training on premises. Carry-in hours are Monday through Sunday, 11 a.m. to 8 p.m., with a seating capacity of 20.

Petitioner Dan presented Article 50, which would amend Chapter 258, Article 5, Section 17 of the town bylaws by inserting a reference to the AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities alongside the existing AASHTO geometric design highway guide. He emphasized that neither guide contains mandatory requirements — only recommendations — and that all costs are borne by developers, not the town.

Key points discussed:

• The article does not touch building code or zoning law and imposes no direct regulatory burden.
• The town’s staff engineer had already obtained a copy of the pedestrian guide following Planning Board discussion on April 11.
• The Planning Board expressed support for the concept but indicated it would likely move for indefinite postponement at Town Meeting, citing insufficient time to evaluate the article.
• Committee member Michael Janko raised indirect cost concerns (staff time for engineers and planners to review additional guidance); the chair characterized any such cost as de minimis with no measurable budget impact.
• The committee concluded that because the article is advisory and has no measurable financial impact, no recommendation was the appropriate posture, preserving the discussion for Town Meeting.

“These are not regulations. These are books that are basically on engineers’ shelves all over America.” — Petitioner Dan

Albert explained that Marblehead’s subdivision bylaws (section 28-17) require engineers to reference the AASHTO Policy on Geometric Design of Highways and Streets but do not reference the Guide for Planning, Design and Operation of Pedestrian Facilities (2021). The article would add the pedestrian guide as an additional reference. He emphasized the change is not a hard requirement — it directs designers to consult the guide, not mandates specific outcomes. Albert said town planner Becky Kern confirmed it would not increase workload, but the planning board felt blindsided and asked to study the issue more comprehensively; Albert expressed hope the two sides could align before town meeting.

The board renewed all-alcoholic seasonal club licenses for the Eastern Yacht Club (pool license, 42–44 Foster Street, manager Jared Cheney) and the Dolphin Yacht Club (17 Horsen Place, manager Martin, last name unclear), subject to paid taxes and fees and applicable department approvals. The Sunday entertainment license for Dolphin Yacht Club was also unanimously renewed.

The board approved by polled vote a one-day all-alcoholic beverage license for Bubble Bar Boston at Lee Mansion on Saturday, May 13, 2023, from 10 AM to 2:30 PM. Conditions include payment of the $50 fee, proof of purchase from an authorized source, and compliance with Chapter 138.

The board unanimously approved the Chamber of Commerce’s annual ‘Celebrate Marblehead’ program, running April 13 through October 31, 2023. Conditions include a 36-inch unobstructed sidewalk path, outdoor entertainment limited to solo acoustic performances Thursday–Sunday 11 AM–8 PM, restaurant outdoor seating 7 AM–10 PM (maximum eight seats per establishment), no outdoor alcohol service, and small beautification projects such as flower pots. The chair noted the state emergency order authorizing outdoor dining has been extended another year, and suggested the town consider permanent by-law changes.

The board opened a public hearing on the transfer of the all-alcoholic beverage license from Riptide Lounge Inc. to Riptide Group Inc. at 116 Pleasant Street. Attorney Paul Lynch confirmed all applications were complete and noted the application would proceed to the ABCC after the board’s vote.

Two members of the public spoke in favor: a longtime acquaintance of one of the new owners, and a daughter-in-law of the current owner who noted the family has operated the bar for 55 years and expressed confidence in the new team.

The board approved both a common victualer license (seating capacity 45, Monday–Saturday 9 AM–midnight, Sunday 11 AM–midnight) and the license transfer by unanimous polled vote, subject to ABCC approval, department sign-offs, paid fees, and proof of TIPS certification.

Article 39 is the sole zoning amendment on the warrant. The Finance Committee made no recommendation as there are no financial implications. The Planning Board was holding a required public hearing on the article the following evening at 7:30 PM.

Two sets of liquor licenses were approved by polled vote:

1. Festival of Arts — one-day license for Sunday, June 25, 2023 at Fort Sewell, 4:30–7:30 pm, subject to standard conditions including proof of authorized alcohol source and prohibition on leaving alcohol unattended overnight.

2. Marblehead Arts Association — three one-day licenses for March 16, April 13, and May 18, 2023, 6:30–9 pm at the King Hooper Mansion, 8 Hooper Street, for jazz at the Arts performances. Alcohol to be purchased from Cappies Importing and Distribution Company.

Amanda Breen, representing the Mai Tai Lounge at 165 Pleasant Street, requested an amendment to the existing entertainment license to add live music, DJs, and karaoke. The board unanimously approved the request, noting the condition that no music be heard from the street.

The board approved the annual lodging house license renewal for Hotel Marblehead at 264 Pleasant Street, subject to receipt of all application fees and required sign-offs. The operator indicated operations were going well.

The board heard from Clevis Curesa, applicant for a common victualler license for A&D Clam Box at 195 Pleasant Street, the site formerly occupied by Big Fish. Curesa, who also operates other local businesses, described plans for a family-oriented seafood restaurant featuring baked fish, fried seafood, burgers, and kids’ meals in a more upscale style than the prior tenant.

The license was approved unanimously for hours of operation Monday through Sunday, 10 AM to 10 PM, with a seating capacity of 13. Curesa indicated the restaurant expected to open within approximately one week.

The board worked through a 13-item agenda beginning with an extensive set of 2023 license renewals. Categories included:

• Lodging house licenses: Harbor Light Inn (two locations, manager Peter Conway)
• Entertainment licenses: Boston Yacht Club, Casa Corona, Corinthian Yacht Club, Eastern Yacht Club, Gary VFW Post, Headers Club, The Barrelman, Fenyang House, Harbor Light Inn, Mai Tai Lounge, Maddie’s Sale Loft, Riptide Lounge, Tedesco Country Club, VFW Post 2005, The Landing, Terry’s Old Fashioned Ice Cream, The Beacon (Warwick Entertainment), Three Cod Tavern, La Petite Contura
• Sunday entertainment licenses: subset of the above establishments
• Common victualler licenses: approximately 40 establishments including Amore Tequila Bar, Barnacle, Canoe Cafe, Cafe Italia, Cafe Vesuvius, Casa Corona, Driftwood, Dunkin Donuts, Five Corners Kitchen, The Hidden Door, The Landing, Riptide Lounge, Seoul Bistro, Sea Salt, Spitfire Tacos, Starbucks, Three Cod Tavern, Tony’s Pizza, and others
• All-alcoholic package store licenses: Beach Bluff Liquors, Beacon Hill Import Co., Haley’s Wine and Spirits, Shooby’s Liquor Store, Village Liquors; wine-and-malt licenses for Crosby’s Market, Little Harbor Lobster, Richdale of Marblehead
• All-alcoholic common victualler and club licenses: Barnacle, Cafe Italia, Fenyang House, Five Corners Kitchen, The Barrelman, The Hidden Door, Mai Tai Lounge, Maddie’s Sale Loft, The Landing, Peculia, Riptide Lounge, Three Cod Tavern, Amore Tequila Bar, Casa Corona, The Beacon; wine-and-malt with cordials for Seoul Bistro, La Petite Contura, Junji’s, Larose Thai, Sea Salt
• Inn-holder, club, and fraternal licenses: Harbor Light Inn, Boston Yacht Club, Corinthian Yacht Club, Tedesco Country Club, Eastern Yacht Club, Gary VFW, Headers Club, VFW Post 2005
• Farmer series pouring permit: Marblehead Brewing Company
• Carry alcoholic beverage licenses: Fresca’s Pizza, The Little Store, Shooby’s

All votes were unanimous. One correction was noted: the manager name for Mai Tai Lounge was amended to Amanda Breen. The lodging house license for one applicant was postponed as the applicant was not present.

A public hearing was held on the application from Beacon Hill Imports (1 Winthrop Terrace) for a transfer and pledge of stock and license, and separately for a change of manager. Attorney Paul Lynch explained that Peter Brown, who has run the store for over 50 years, is transferring his stock to his son Mark Brown, with equity collateral retained by Peter. No members of the public spoke in opposition or in favor. Both motions were approved unanimously, subject to ABCC approval and receipt of required forms.

The board unanimously approved two one-day liquor licenses for fundraising events at the King Hooper Mansion, 8 Hooper Street:

1. October 28, 2022, 7–10 PM — applicant James Murphy / Marblehead Arts Association; $50 fee; alcohol from Cappy’s Importing.
2. November 17, 2022, 7–10 PM — applicant Elise Bustamante / Marblehead Arts Association; $50 fee; alcohol from Cappy’s Importing.

The board approved a common victualler license for Panning Our Restaurant Group LLC d/b/a Spitfire Tacos at 87 Pleasant Street, managed by Ryan Harrison, with seating capacity of 12 and Saturday hours to 8 p.m. A second license was approved for Blue Canoe Cafe, managed by Heather Harrison, with seating capacity of 19 and hours Monday through Sunday 6:30 a.m. to 2 p.m. Both approvals were subject to receipt of completed applications and applicable inspections.

The board approved a one-day liquor license for the Pleon Yacht Club at 42 Foster Street for a fundraising event on Saturday, August 20, 2022 from 6:00 p.m. to 8:30 p.m. Standard conditions applied, including a $50 fee, proof of alcohol purchased from an authorized source, and compliance with General Laws governing alcohol purchase and delivery.

John Murphy, assistant manager of the Riptide at 116 Pleasant Street, requested a one-day entertainment license for live music on Wednesday, August 17, 2022 from 7:30 p.m. to 10:30 p.m. The board approved the request unanimously with the condition that no music be audible from the street.

The Select Board interviewed two candidates for a ZBA alternate member opening.

Clayton Bright — a recently arrived Marblehead resident and commercial real estate attorney based in Boston — noted he had not personally appeared before zoning boards but expressed commitment to treating applicants with professionalism. He had not yet attended town meetings.

Mark (last name unclear from transcript) — a lifelong Marblehead resident who ran a construction company from 2010 until approximately a year prior and now operates a kitchen and bath showroom in Salem — emphasized his practical building background and prior appearances before the ZBA. He said he had reviewed the zoning bylaw and would seek guidance from existing board members.

After discussion, three of four board members voted for Mark; one voted for Clayton Bright. Mark was appointed and directed to be sworn in at the town clerk’s office.

The board resumed a public hearing continued from July 27, 2022 regarding removal of public shade trees to accommodate an MBTA bus stop relocation. After internal review involving DPW, engineering, the tree warden, residents, and police, the recommendation was to remove one of two cherry trees while preserving the second with trimming for height clearance. MBTA’s representative (Katie Moulton, WSP USA) confirmed the bus stop design places the loading area more than 12 feet from the center trunk of the preserved tree. A resident at 46 Smith Street asked for clarification on the distance, which was confirmed. The board closed the hearing and voted unanimously to approve removal and replacement of one prunus serulata flowering cherry tree and preservation of the second under tree warden supervision.

WSP project manager Katie Moulton and MBTA project manager Bindu presented plans for bus stop ADA improvements at the Pleasant Street/Smith Street intersection, part of approximately $150,000 in MBTA-funded work. The existing bus stop is only 15 feet long and the bus partially blocks the Smith Street intersection; a minimum 50-foot stop is required for a 40-foot bus.

Two flowering cherry trees — one approximately 21.25 inches and one approximately 19 inches in diameter — were identified for removal to allow the bus stop to be repositioned closer to the signalized intersection (at the town’s request, due to safety concerns about an unsignalized mid-block crossing). The trees have low-hanging branches that do not provide adequate pedestrian head clearance.

A nearby resident, Teresa Charlton of 46 Smith Street, testified in opposition, arguing the first tree needs pruning not removal and that the second tree (planted by her family ~22 years ago) is not within the bus stop footprint and should be retained.

Town arborist John Fobert stated that the farther cherry tree could be safely reduced by up to one-third and espaliered to achieve the required 8-foot head clearance without significant harm, as long as the root zone is not disturbed.

Board members questioned whether the original MBTA proposal — locating the stop beyond both trees where the street is wider — might actually be safer given the complexity of the intersection. The board continued the hearing to August 15, 2022 to allow further coordination with town engineer Charles Quigley and the arborist.

A homeowner at 87 Jersey Street (across from Village/Middle School) appealed the DPW’s denial of a permit for a new curb cut and expanded driveway. The homeowner described safety concerns about backing out during school hours with children and traffic present.

The board reviewed the relevant bylaws:

• §255-13(G) — allows discretionary approval of curb cuts within certain parameters
• §255-14 — prohibits any reduction in on-street parking as a result of a new curb cut

The proposed design would eliminate on-street parking and would extend the driveway beyond the footprint of the house, both of which are problematic under the bylaws. The board denied the application as presented and recommended the homeowner work with the DPW director to develop a design that improves safety without reducing parking or violating §255-13.

The board approved a one-day liquor license for Lynn Schultz on behalf of SPUR for a fundraiser at the Lee Mansion, 161 Washington Street, on Saturday July 23, 2022 from 6:30–9:30 pm, with beer and wine supplied through Cappy’s. A second one-day liquor license was approved for Lauren McCormick of the Marblehead Museum for a fundraising event at the same venue in September 2022. Both licenses are subject to standard conditions including proof of alcohol purchase, proper storage and disposal, and compliance with MGL Chapter 138.

The board approved a second-hand dealer’s license for Kathleen Doyle for Sisters Consignment at 1 State Street, subject to receipt of required documents, fees, and departmental approvals. Board members briefly discussed the origin of the licensing requirement, noting it is tied to police guidelines for tracing merchandise.

The board held a public hearing on a petition from Verizon New England Incorporated to move an existing utility pole approximately 15 feet along Parm Drive to accommodate underground service for a nearby development. A contractor representing Verizon explained that the old pole would be removed after the new one is placed, with the work typically taking one to two days. Board members expressed concern about double-pole situations around town and requested notification when work begins. The petition was approved unanimously subject to Verizon hiring a police detail as required by the police department.

Eat Well Kitchen: Fernanda de Oliveira, who has worked at Eat Well Kitchen on Atlantic Avenue for two years, purchased the business and applied for a common victualer license. The board approved the license for hours Monday–Sunday, 8 AM–4 PM, with a seating capacity of 16, subject to all applicable inspections and fees.

The Beacon (143 Pleasant Street): The board approved a one-day outdoor entertainment license for the patio area on June 30, 2022 (Thursday), from 12 PM to 4 PM, to celebrate the restaurant’s first anniversary. A board member noted that any future entertainment licenses would require a separate return to the board.

The board voted unanimously to renew fishing shanty use permits for premises owned by the town on Front Street at Little Harbor (Turner Lane). Holders renewed: Frederick Loeser (shanty 1), Stephen Byrd (2), Jeff Flynn (3), John Burns (4), William Powers (5), Daniel Rhodes (7), William Brown II (8), and David Rogers (9).

The board approved a one-day liquor license for the Marblehead Democratic Committee summer picnic on Monday, August 15, 2022, 5–8:30 p.m. at 199 Washington Street. Standard conditions applied including proof of authorized alcohol source (Martin’s) and proper storage and disposal.

The applicant for Drake Station bubble tea shop at 146 Washington Street presented their concept to the board. The owner indicated they hoped to open as early as the coming weekend. The board voted unanimously to approve the common victualler license for LW Brother LLC.

The board’s tobacco enforcement agent identified a second violation at Marblehead Village Market involving the sale of a single cigarillo (referred to as a ‘single singer’) at a price below the legally required minimum. Under the regulations, a second violation carries a $2,000 fine and a seven-day suspension of the tobacco license. The board voted unanimously to impose both penalties; notice was to be issued the following day.

The board heard the fowl permit application of Janelle and Yale Joyce, 17 Haley Road, represented by an attorney. The application included a pest management plan, waste management plan, site plan, and notice letters to abutters.

Applicant’s position: The attorney argued the application was complete in all respects under the town’s revised fowl regulations. The Joyces plan to keep hens only (no roosters), housed in a quarter-inch hardware-cloth enclosure with a buried skirt to prevent tunneling. Feed would be stored in metal containers and manure brought to the transfer station. The applicant cited correspondence with Mass Wildlife biologists, the Mass Department of Agriculture, and a former Board of Health director who stated that well-managed coops do not attract additional coyotes beyond those already present.

Neighbor objections (Hawthorne Road and Haley Road residents):

• Multiple neighbors cited the existing coyote population in and around the Hawthorne Reservation and a recent coyote attack in Swampscott.
• Concern about children — including one neighbor’s non-ambulatory disabled daughter — being unable to flee a coyote encounter.
• Assertions that the application was incomplete under the new regulations: no topographical elevations, no approved building permit, no electrical or plumbing plans, no detailed fencing specifications, no flood-zone information.
• One neighbor alleged the Joyces had a pattern of violating town ordinances (leaf burning, illegal fires, unpermitted construction work, oversized dumpster).
• Avian influenza outbreak in the region, including Marblehead, was raised as an additional health concern.
• Neighbors objected to being placed in the role of monitoring compliance.

Board deliberation: Health agent Andrew confirmed there are approximately 12 active fowl permits in town with only one prior complaint (resolved by ending ground feeding). The board discussed the 14-day correction-order process. One board member expressed reluctance but seconded the motion. The vote was 2 in favor with one member noting reservations but not casting a formal dissenting vote.

Next steps: The Joyces must obtain a building permit before constructing the coop; the health agent will inspect the structure before any birds are purchased.

Following public comment, board members discussed the concerns raised. Key points:

• One member expressed concern that neighbor opposition might be directed at a specific anticipated applicant rather than the regulations generally, and suggested the board may need to separate the regulation adoption from any future permit hearing.
• Another member and Andrew clarified that the regulations apply town-wide and each permit application will be handled case by case; the regulations are Board of Health rules (not town bylaws) and can be amended after a 48-hour posted meeting notice.
• The board noted that the primary substantive change from prior practice is that the Board of Health — not the neighbors — now has final approval authority.
• Members acknowledged the regulations are well-established in practice and that no permit complaints or revocations had occurred historically.

Votes (all unanimous, 3–0):

The public hearing was declared closed. The board also rescheduled its next meeting from June 14 to June 15 at 7:30 p.m. to avoid a conflict with a school concert.

The board reviewed the draft rules and regulations for keeping fowl, screen-sharing the document. Key substantive points discussed:

• Species and roosters: The definition of ‘fowl’ was clarified to include chickens, pigeons, capons, turkeys, pheasants, guinea fowl, ducks, and geese (other than wild species); roosters are explicitly prohibited.
• Chronic nuisance: Defined as three or more nuisance activities occurring during a 60-day period, with each day constituting a separate activity. A single day with multiple callers complaining about the same issue counts as one nuisance event.
• Permit language: The word ‘animals’ was replaced with ‘fowl’ throughout the regulations and application forms.
• Abutters notification: Changed from registered mail with return receipt to first-class mail. At the board’s request, a new requirement was added that the applicant must provide a copy of all abutters notification letters to the Board of Health.
• Permit fee: Set at $25 annually (both initial application and annual renewal).
• Application documents: Three documents reviewed — the regulations themselves, a permit application form, and a pre-written form letter for applicants to mail to abutters.
• Enforcement process: If a nuisance complaint is received, the health director issues a letter to the permit holder; the permit holder may appeal to the board or correct the issue. Chronic violations can result in non-renewal of the permit.