Selectmen hear from liquor license applicants

December 18, 2009

Decision due at Jan. 19 meeting

With the ink barely dry on the new state-approved bylaw that empowers them to issue up to three licenses to sell beer and wine in Harvard, the Board of Selectmen (BOS) held its first public hearing this week on two applications that would make the historically dry town a wet one.

The applicants are Evelyn and Adam Horowitz, owners of the three-story General Store in town center, and Robert Hirsh, owner of the strip mall on Ayer Road, whose tenants include Sorrento’s restaurant and the Seeds of Faith Church. Adam Horowitz is also a part-owner of the Harvard Press.

The hearing lasted two hours, during which the selectmen seemed to have as many questions for themselves and Town Administrator Tim Bragan, as for the applicants. “We beg the indulgence of both applicants,” selectman Tim Clark said at one point. “This is our first wine-and-beer licensing hearing. As we feel our way through it, we may stumble along.”

Hirsh, who also owns the Grapevine wine and beer store on Route 111 in Boxborough, wants to use 2,200 square feet of vacant space between a Primerica office and a dance studio on his property at 285 Ayer Road to sell beer and wine, as well as “cheese, breads and sundry items” such as glassware, cards, and even works by local artists, “so it really becomes a part of the future north center of town. I’m hoping to increase the traffic count to the point where we can interest a supermarket or pharmacy to do development up there,” he said.

With the General Store already named as a potential licensee in the new bylaw, Horowitz noted that the public was already familiar with his plans for selling wine and beer through disclosures he made at Town Meeting this spring during debate on the home-rule petition that created the bylaw. He repeated that the display and sale of liquor will take place on the second floor of the General Store, and that he will use a “back area” on the first floor and the basement for storage. The license he has applied for, however, will also permit the sale of wine and beer on the first floor at some future time, should Horowitz decide to pursue ideas for remodeling and expansion in the future.

“The intent is to manage [the sale of beer and wine] within the constraints of the historic building, which is quite limiting,” he said, adding that he would use safeguards to keep purchase and sale away from the elementary and Bromfield school children who come to the store.

Bragan reported that abutters as well as neighboring churches and school officials had been told of the two applications, as required by state law. So far, he said, the Congregational Church, which abuts the General Store, as well as the school superintendent and chief of police, have given their verbal assent to the applications. The remaining churches have 30 days from notification to respond. Clark asked Bragan to get written responses from all of the key players.

Both applicants were questioned closely on how they planned to staff their stores and prevent underage purchases. Selectman Peter Warren said that the Boxborough chief of police had reported that Hirsh has a stellar record at his Grapevine store.

“I’ve developed a somewhat infamous reputation among the younger set,” Hirsh said. He also said he will hire four to five part-time workers and that he planned to personally manage the new store. Horowitz said he or his wife would be present in the General Store at all times and that no employee under the age of 18 would sell or move alcoholic beverages. Because liquor will only be sold at the General Store between 10 a.m. and 7 p.m. Monday through Saturday, Selectwoman Lucy Wallace pressed for a rope barrier at the staircase leading to the second floor to prevent access during the early morning.

Of the two applicants, Hirsh, as the lesser known, was questioned longer. Selectmen were concerned he might be seeking a license in order to attract a buyer for his property. Hirsh did not deny the claim, but said he would prefer to find a partner and develop the property himself.

“We have to worry about what we’re getting down the road,” said Wallace. “Are we just getting a simple wine and beer shop or is this really a way of getting something larger than what’s being presented? I don’t know how we thread that needle.”

Two residents complained that the current mall entrance and parking lot were safety hazards, especially at night, due to poor lighting, and that the appearance of both the mall and two condemned houses on adjacent properties that Hirsh owns, were “an embarrassment” to Harvard.

“Just because [the town] has three licenses, we don’t have to hand them out today,” said Harvard resident Andrea Hill. “The General Store has made it clear they are a good community member. They have partnered with a lot of other organizations in town.” “I’m not sure I see that commitment on your part,” she said, addressing her remarks to Hirsh. “The General Store has been trying to get this license for a long time. They have gone to bat at the state level. They’ve helped out trying to get the town sewer passed. They’ve done a lot of things for the community. I would say that we should be cautious and maybe wait.”

In his defense, Hirsh said he had been sole owner of the mall for only the past three years and that he had invested $125,000 in structural improvements, including a new heating system and new roofs. “I’m going as fast as I can,” he said. He said he had held back on improvements to the parking lot and its lighting because he had been close to a sale more than once and new owners would have their own designs. He said additional rent from a wine and beer store would help him upgrade the mall’s appearance and added that parking lot lighting could be “fixed quickly. I don’t like the way it looks myself,” he said.

Because the BOS cannot approve either license until 30 days have passed from the time abutters, schools, and churches were notified, the two hearings were continued to 7:30 p.m. on Jan. 19, when a decision is expected. Once approved, the license goes to the state Alcohol and Beverages Control Commission (ABCC) for a final review, which can take three to six months.

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