No Nudes At Mountain View
Clarksburg – Dancers will not be baring all at the Mountain View restaurant in the foreseeable future. Nude Dancing Request Withdrawn During a Dec. 7 public hearing, restaurant owner Michael Milazzo and his father Anthony Milazzo withdrew an application seeking approval for nude dancers to perform at the establishment. The withdrawal was part of an attorney negotiated agreement; Selectmen unanimously accepted the agreement after town counsel Jonathan M. Silverstein and attorney Daniel Kelly, who represented the Milazzos, outlined the agreement terms to about 75 people in attendance at the hearing. The agreement approval brought an end to three months of continued public hearings and community contention over possible nudity at the restaurant. Executive Session Back-to-back hearings involving the restaurant had been the expected focus of last night’s agenda. Alleged violations of the restaurant’s all-alcoholic beverages license were scheduled for presentation at a 6:30 p.m. show cause hearing and a continuation of a public hearing focused on the nude dancing application was set for 7 p.m.. At 6:30, Selectmen opened the show cause hearing and immediately announced that they were going into executive session, meaning closed to the public, to discuss strategies about pending litigation. When Selectmen returned at 7 p.m., they announced that Silverstein and Kelly had negotiated a draft agreement to resolve nude dancing and liquor license issues. Selectmen told those at the hearing that public comment and input was needed before they would act on the proposed agreement. Silverstein offered agreement details. Agreement Specifics Under terms of the agreement, the nude dancing application is withdrawn, and the scheduled show cause hearing was continued without hearing any alleged liquor license violations and without taking any action on the liquor license. However, the agreement states that police and town officials will monitor the restaurant and if violations occur, a show cause hearing can be scheduled. The agreement also acknowledges that the Milazzos are seeking town approval to operate a gravel bank on their property; if the gravel bank is approved, the Milazzos agree that they will not seek adult or nude entertainment at the restaurant. The Milazzos also agree to resolve noise issues and hire a uniformed police officer when a DJ is providing entertainment at the restaurant. The agreement does not require a uniformed police officer when a live band is performing on the premises. The nude dancing application is being withdrawn “without prejudice,†meaning that the Milazzos are not forfeiting their right to pursue adult entertainment in the future, however, under the agreement terms, if the Milazzos seek adult entertainment in the future, they must provide $5,000 to the town for the town’s legal fees. The agreement offers protection to the town and is a gesture of community cooperation, Kelly said. “We do want to withdraw [the application] and we do want to work with the town,†he said. No Quid Pro Quo, Say Selectmen Selectmen’s Chairwoman Debora LeFave told town residents that the agreement is not a trade and that the Milazzo request for a gravel bank is not “pre-approved.†The proposal will be subject to all town hearings and procedures, she said. “The i’s still have to be dotted and the t’s have to be crossed,†she said. But restaurant abutter Neil McLeod strongly disagreed and told Selectmen that he believed the agreement was a trade. He is opposed to a gravel removal operation, he said. “I’m opposed,†he said. “When you start digging up gravel, you disrupt the water table. I would want a conservation study done. What happens if the town denies gravel extraction? I can tell you now the Milazzos will say ‘we didn’t get our permit so we will go ahead with our adult entertainment license.’†McLeod said that he believed town police Chief Michael Williams was at the hearing to detail the alleged violations at the restaurant. McLeod asked if Williams was going to inform the residents of the alleged incidents. Williams did not speak during the hearing. Selectmen Carl McKinney told those at the hearing “there was no quid pro quo.†“We promised nothing,†McKinney said. “By continuing the show cause hearing, this [alleged violations] doesn’t go away. We’ve all had a long haul in this thing.†McKinney stressed that all environmental issues will be reviewed during the gravel bank permit process, and Silverstein noted that town officials are not prevented from establishing ordinances governing adult or nude entertainment. Patron Protection Questioned Town resident Kenneth Larabee told Selectmen that he believed the agreement left the town vulnerable. “It sounds like the town is putting itself in a vulnerable position to protect their [Milazzo’s] patrons,†he said. Larabee has charged that he was assaulted by a trio of restaurant employees on Dec. 2. The alleged incident left Larabee with a ruptured larynx; Williams has confirmed that police are investigating the matter. Kelly said that the Milazzos are aware that they are responsible for the safety of restaurant patrons, and Silverstein said that the presence of police during DJ performances would likely generate improved patron behavior. "Win-Win Situation" Restaurant abutter John Morocco said that during a Dec. 2 meeting held at the restaurant and attended by about 20 neighborhood residents, a dialogue was opened between the Milazzos and the neighbors. Town resident Robert Norcross said that he believed the agreement was a “win-win situation.†The Milazzos deserve an opportunity to work with the town under the terms of the agreement, Norcross said. Resident James Quirk said that he believed the Milazzos were willing to work with the neighbors. Opportunity For A Fresh Start Anthony Milazzo told the crowd that he’d wanted to speak publicly since the issue erupted in September but was advised by Kelly to withhold any public comment. He said that he and Michael Milazzo had never wanted to operate a full-time strip club. The issue “got blown up,†he said, and added that all involved parties shared the responsibility for the manner in which the matter unfolded. Over the past several weeks, he’s discussed the situation with North Adams Mayor John Barrett III, state Rep. Daniel E. Bosley D-North Adams, and Morocco, Anthony Milazzo said. Barrett, Bosley, and Morocco urged withdrawal of the application, he said. Anthony Milazzo said that he is hopeful that the proposed gravel operation acquires town approval. He offered a public apology to town residents and also extended his hand to Selectmen. “I want to apologize to the people of Clarksburg and put my hand out to the board to start over,†he said. Selectmen did shake Milazzo’s hand and after the hearing adjourned, Selectmen also shook hands with Michael Milazzo. And as the meeting ended, LeFave offered two words to the crowd: “Merry Christmas!†Susan Bush may be reached via e-mail at suebush@iberkshires.com or at 802-823-9367.
