Nude Entertainment Objections Continue
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| Mountain View Restaurant owner Michael Milazzo listened to comments during a Nov. 16 public hearing about his application for nude entertainment. |
Clarksburg – Credibility issues and videotapes ruled a Nov. 16 public hearing focused on a change of license application submitted to Selectmen by Mountain View Restaurant owners. The change, if approved, would permit live nude entertainment at the establishment. The Wednesday hearing was a continuation of an Oct. 26 public hearing about the license change. The hearing was again continued to 7 p.m. Dec. 7 at Town Hall. Selectmen initially wanted to continue the hearing to a late November date but restaurant owner Michael Milazzo’s attorney Daniel Kelly asked for a December date so that he could attend to a personal matter. The hearing was continued so that Milazzo may provide information that was requested during the Oct. 26 hearing but not yet provided, such as information about the business sexual harassment policy. Videotape Presented A hearing pivotal moment came when Teri Goodermote of Jordan Street asked to show videotapes that she said were filmed from the inside of her home near a window. Goodermote was permitted to play the tapes, which she said were made during the evening of Thursday, Nov. 10 and the early morning of Friday, Nov. 11. Goodermote noted that she had over three hours of taped material and told the about 100 people at the meeting that she would be playing selected tape portions. Goodermote first played a segment of a Nov. 10 tape. The audio revealed a crying child, identified by Goodermote as her daughter, and the sound of loud music which Goodermote said came from the restaurant and was infiltrating her home. “My daughter thinks that people are knocking on the window,†Goodermote told Selectmen about the noise. Police were called because of the noise, Goodermote said, and another tape portion showed a town police cruiser approaching the restaurant. Goodermote then played a tape section that she said indicated the music level soon after the officer left the restaurant; the audio indicated that the music was louder than before the police visited the restaurant. At about 1:30 a.m. on Nov. 11, the music played loudly enough to understand the music and song lyrics from where Goodermote was standing, according to another tape segment. <L2>Kevin Dodge, of Florida, and an owner of the Dodge Construction company, attended the meeting and sat next to Milazzo and Kelly. As Goodermote played the tape and explained each section, Dodge interrupted the presentation to accuse Goodermote of being very close to the restaurant and not in her home when she made the videotape. Goodermote reiterated that she was in her home and told Selectmen that she would give them the tapes so that they could review them and determine for themselves where the noise was recorded. She asked Milazzo to lower the music volume. “If I wanted to hear the music, I’d go [to the restaurant]†Goodermote said. “All I ask and request of you is not to play your music so loud.†Dodge was not the only out-of-town individual to attend the hearing; North Adams property owner Michael Hernandez sat among the crowd. Hernandez did not speak during the meeting. Information Offered Prior to Goodermote’s presentation, Kelly offered individual letters to Selectmen and town counsel Jonathan M. Silverstein. Kelly said that the letters answered specific Selectmen questions that were asked on Oct. 26. He provided site plans, which indicated stage and security camera placement as well as a dancer exit that is located close to the dining area. Kelly said that dancers would be escorted through the exit to private dressing rooms by security personnel and acknowledged that the dancers could be in proximity to diners as they moved to the dressing rooms. Kelly told Selectmen that there are presently no outdoor video security cameras. Restaurant employees or security personnel do not patrol the outdoor area, he said. When asked by Selectman Carl McKinney if soundproofing and insulation materials were the same as the type installed at a Providence, R.I nightclub that burst into flames during a 2004 live band performance, Kelly said he did not know but also said that it is the same material as was present when the building was inspected by the town’s Building Inspector. Neither Kelly nor Milazzo were able to answer questions about the amount of liability insurance coverage held by the restaurant, however, Milazzo agreed to provide that information to Selectmen. During the Oct. 26 hearing, Silverstein asked if Milazzo would agree to conduct a traffic study; on Nov. 17, Kelly said that Milazzo would not agree to a study because the business was already in operation. Several times during the hearing, Kelly and Milazzo engaged in private conversation while others were attempting to speak, prompting Selectmen’s Chairwoman Debora Lefave to ask them to stop conversing and allow speakers to proceed without distraction. Kelly repeatedly identified the conversations as “conferring†with his client. Police Chief Report Since Oct. 26, two assaults that allegedly occurred at the restaurant and one noise complaint [from Goodermote] have been reported to police, said town police Chief Michael Williams. According to police records acquired by iberkshires.com on Nov. 16, one alleged assault was reported on Nov. 4 by a female who lives in Cheshire. The woman reported the alleged incident to North Adams police and stated that she was assaulted at the restaurant. The incident is under investigation, Williams said. Parking lot congestion is a problem, Williams said, and told Selectmen that he has observed vehicles parked in a manner that would hinder emergency vehicle response. Parked cars have obstructed a driveway “loop†and while emergency vehicles would likely be able to access the restaurant building, access to the parking area has been compromised by parked vehicles, Williams said. Williams said that he has concerns about traffic along Wheeler Avenue, which is a narrow, steep street, and also noted an increase in pedestrian traffic. The number of hit-and-run accidents reported at the restaurant parking lot is also a source of concern, Williams said. Can Anyone Define "Occasional?" Town resident John Morocco, who lives near the restaurant, told Selectmen he believes there is a “credibility problem†with the proposed change. Milazzo was quoted in a Berkshire Eagle newspaper article published Nov. 16 as saying “It is not now nor has it ever been my intention to run a ‘strip bar.’†And in a letter published in the North Adams Transcript on Nov. 16, Milazzo stated that he was forced to seek a seven-day-a-week license that permits full nudity because of the town’s license structure. He stated that he is seeking the license so that he can host “stag parties†and “male/female revues†without having to “beg and plead†for special permits on a case-by-case basis. “Please remember that I had asked what was required to hold an occasional stag party or male/female revue,†Milazzo wrote. “I was told I would need this adult license.†During the public hearing, Kelly told Selectmen that Milazzo would be willing to limit nude entertainment to twice a week, which led audience members to question Milazzo’s definition of “occasional.†Selectmen must make a decision about the application within 30 days of the hearing’s closing. Selectmen must base their decision on factors such as public health and safety issues. While resident input is part of the public hearing process, it may not be considered as an overriding factor affecting the decision process. Susan Bush may be reached via e-mail at suebush@iberkshires.com or at 802-823-9367.
