Music was once again a hot topic of conversation at the most recent meeting of the Boothbay Harbor selectmen on May 26.

The selectmen revisited the Lobster Wharf special amusement license tabled at the previous meeting on May 11, and also discussed the victualers and special amusement licenses for Rocktide Inn.

Boothbay Harbor Police Chief Bob Hasch attended the meeting and provided the selectmen with a list of complaints made against the establishments in the past year.

“I've spoken to my officers and given them training on how to use sound measuring devices,” Hasch said. “All the businesses I've spoken with about this, every single one, wants to be a good neighbor. If the noise becomes excessive, you should call the station to complain. Please understand that emergencies come first, but we will respond.”

Vice Chairman Bill Hamblen mentioned how many people had said you can get sound measuring apps on a smartphone. Hasch told all those present to set their measurements to “DBA” sound settings to get an accurate reading when using those apps.

“It was pretty loud all weekend,” said resident Dawn Weiss, who owns the Lobster Dock located at 49 Atlantic Avenue with her husband Mitch Weiss. “We got blasted from both sides. We pay for our music, too, but you can't hear it. We're being coined as a ‘honky-tonk’ town.”

“Whether the noise is played above the ordinance level or no, whether or not it is annoying is subjective,” Hamblen said. “We may need to rework the bylaws.”

There was some discussion as to whether music was being played louder in the past two years than it used to be. Local musician Garry Blackman said he's been playing in the Harbor for five years, and they play at the same level now they did before. He also stated that Tim Sprague has checked sound level last year to ensure the band wasn't playing above allowed levels.

Town Manager Tom Woodin shared that he had been to the Lobster Wharf that weekend; he said he found it pleasant and that he could talk freely with his neighbors.

“I must have had half a dozen people ask me where the meter was,” Woodin said. “I wasn't there for that. I was able to talk with those around me and the music seemed to be (at) an appropriate level.”

The selectmen unanimously approved the special amusement license for Boothbay Lobster Wharf, then moved on to discussing Rocktide. While their victualers license passed quickly, there was some discussion about their special amusement license.

Chairman Denise Griffin read the application, which stated music would be played between 4 p.m. and 7:30 p.m. seven days a week, and from 1 p.m. to 5 p.m. on Sundays. She called for a Rocktide representative to explain what types of music would be played, but no representative was present a the meeting.

“I wish someone (from Rocktide) had been here,” Griffin said. “It would have made for a businesslike and neighborly discussion.”

Hasch was asked about the number of complaints made against Rocktide, which was 11, the greatest number against a business from last year.

An audience member suggested that perhaps Rocktide should be held to the same limits as the new Cod's Head BBQ, which was that musical acts would be limited to an unamplified duo (or fewer) if playing outside.

“There is some sensitivity on this issue because of last year,” Selectman Russ Hoffman said. He suggested perhaps approval should be tabled until a Rocktide representative could attend a meeting.

The other selectmen expressed concern about delaying the license, as Rocktide probably already had music booked for the next two weeks. Hoffman said he would amend his motion to place a condition on Rocktide's application that outside music could be an unamplified duo or fewer during the 4 to 7:30 p.m. time.

“I would second that,” Hamblen said.

“Based upon the limited information that we have right now, as no one is here representing,” Griffin said.

“This will allow this to go forward, and not hold him up,” Hoffman said.

“There were times during the music on Sundays from 1 to 4 p.m. last year we couldn't hear ourselves talk two properties away,” Mitch Weiss said. “There were also people that would tie up to our dock (during that time) to listen to music; I had to go down all the time (to remove them).”

Griffin, who lives in the area, agreed that the music was extremely loud at times on Sundays.

“Just because it's a Sunday afternoon, some people are still working,” Griffin said.

The selectmen voted to approve the amended Rocktide application, and the motion carried. Griffin abstained from the vote.

Hamblen suggested the selectmen needed to advocate a balanced approach between businesses and abutters with a real process to follow. He suggested first speaking with a business owner about complaints, then after a certain number of complaints, the license should be temporarily suspended. If after that, the business continues to create excessive noise, the license be revoked.

“We also need to be fair about this,” Hamblen said. “Five complaints from one neighbor would obviously carry far less weight than five complaints by five different neighbors.”

Resident Lori Perkins asked what the specifics of this process would be, which Hamblen replied would have to be worked out in detail to make sure it was a fair process.

Rocktide manager John Sullivan received a call from the town a couple of days after the meeting, informing him that the application had been approved and of the conditions placed on it. He said he did not understand why the number of musicians suddenly mattered, rather than the level they played at.

“The level they play at is important, regardless of the size of band,” Sullivan said. “If I brought in 100 kazoo players I doubt they would get anywhere near the ordinance level.”

Sullivan also said he had scheduled the Danny Tribesmen band for Wednesday nights, which is a three-person group, so the conditions placed on the application would disallow that.

“The Rocktide's been in town 47 years and we've been a great business for the town of Boothbay Harbor, providing jobs, food and entertainment all summer,” Sullivan said. “Eleven complaints verses 1,500 yays — are those complaints really valid?”

Sullivan stated he intended to go down to the town office and discuss his concerns with the town manager. The next Boothbay Harbor selectman’s meeting will take place June 8 at 7 p.m., immediately following the special town meeting at 6 p.m.

Related:

Outside music issues surface again

Selectmen urge compromise on outdoor music issue