New Shoreham council grants out‑of‑time relief and conditionally approves Spring House hotel liquor license

The New Shoreham Town Council on April 7 granted out‑of‑time relief to 5 85 Hospitality so the applicant could pursue a class BH liquor license for the Spring House in New Harbor and then conditionally approved the license subject to a follow‑up review.

The council voted to let the town hear the late application after attorneys and neighbors described a months‑long revision of the applicant’s plans and the decision to seek a more limited BH license (service inside guest rooms/minibars only) rather than a full BV restaurant/bar license. The council’s conditional approval requires quiet hours and a 45‑day post‑opening review, with the council to reconvene on July 16 unless the applicant requests a different date.

Attorney Mario Martone, representing the applicant, told the council the owner scaled back the original BV application after neighbor concerns and consultation with town staff and attorneys. "They scaled it way back and they asked, they subsequently asked for for BH. This is a hotel license… It's a incredibly limited license," Martone said, arguing the renovated property would return to the tax rolls and provide a community benefit.

Neighbors objected at the hearing. Karen Benson, who said she represents immediate abutters, argued the proposal offered "no public benefit" because a BH license serves guests in rooms rather than creating new employment or public amenities, and she urged the council to require the applicant to reapply in the regular September window. Another neighbor said enforcement of room‑only service would be difficult and warned of late‑night outdoor gatherings that could affect adjacent homes.

Frank, who identified himself as the Spring House operator, said the operation intends to monitor guest behavior, would keep someone on call 24/7 and would not allow outside alcohol on site. "We don't want to intoxicate the neighborhood… That is not our attempt. That is not our clientele," he told the council, and said the business expects a June opening and would work with neighbors.

Town solicitor Nick Solitra advised the council that extraordinary relief requires findings of "just cause" and a determination that the community at large will benefit. Councilors discussed the limited scope of the BH license—service inside guest rooms only, no lobby bar or restaurant—and that the property has 10 rooms with a maximum planned capacity of about 20 people, which council members said reduces external traffic and parking impacts compared with a full restaurant license.

After discussion, the council first voted to grant the out‑of‑time relief so it could consider the BH application. It then opened a public hearing on the license, heard testimony from the applicant and abutters, and moved to a conditional approval. The conditions recorded by the council include quiet hours beginning at 9 p.m., controls on outdoor amenities and the requirement that the applicant provide a point of contact for neighbors. The council also required the applicant to notify Town Clerk Millie McGinnis the day the inn opens so the 45‑day review clock will begin; the council said it will treat the follow‑up hearing as a review under the same standards applied to a new application.

The motion to grant relief and the conditional approval passed by a recorded margin of four in favor and one opposed. Councilor Tristan cast the recorded no vote during the relief motion.

The council and the applicant agreed the conditional approval gives neighbors an opportunity to report problems early and gives the council a mechanism to revoke or reconsider the license if standards are not met. The council also requested the applicant provide a local point of contact for neighbor complaints and said enforcement or renewal decisions would be possible at the review hearing.

If the council follows through on the July 16 review, it will apply the same standards used at the April hearing and may require additional notice or a renewal application depending on what the applicant and town officers request.

Proponents said the BH license is a limited amenity intended to let overnight guests purchase drinks for their rooms rather than create a new public bar or restaurant; opponents said it is precedent‑setting for a mixed‑use residential neighborhood and raised enforcement concerns.

The council’s action summarized: it waived the application timing limit to accept the BH application, opened a public hearing, and conditionally approved the BH license for 5 85 Hospitality d/b/a Spring House with quiet hours, a required point of contact, and a 45‑day post‑opening review scheduled for July 16.