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Jamestown council renews JB’s on the Water license after neighbor alleges zoning, parking and nuisance problems
Summary
After a public hearing in which a neighbor’s representative alleged illegal expansion, overflow parking, noise and overflowing trash at JB’s on the Water, the Jamestown Town Council approved the restaurant’s liquor-license renewal while noting the neighbor’s complaints and police records. The applicant’s representative disputed the claims and asked for more time to negotiate.
The Jamestown Town Council voted to renew multiple liquor licenses Wednesday night, including the license for JB’s on the Water, after a public hearing in which a nearby resident’s representative urged the council to deny renewal over alleged zoning violations, parking congestion, noise and overflowing trash.
Steven Gilberry, who said he represents Mary Lou Sanborn, told the council he submitted a letter, an affidavit and photographs alleging the restaurant had expanded a structure (described as a stone deck) on a nonconforming property in violation of a superior court ruling and was operating with seating far beyond available parking. “There is has been no variance asked for or obtained for parking,” Gilberry said, and he argued the establishment’s licensed seating (he cited “86 seats”) exceeded the site’s permitted parking capacity (he said the ordinance provides parking for about 15 seats). He added that the intensified use had created a nuisance that affects his client’s quiet enjoyment of her property and pointed to photos he said showed overflowing dumpsters and rodents.
The council asked for evidence and for the police record. The town’s police assistant, Jamie, recounted a July 28, 2024 call in which an officer was dispatched to find vehicles parked on both sides of the roadway near the restaurant; Jamie said there were no other documented liquor-serving complaints by Sanborn in the past year. Gilberry cited case law he called the “Vault” case to argue that a license holder can be responsible for off-premises patron behavior and that such conduct can affect licensing.
Amy Sonder, speaking for owners John and Shannon Britto, said the owners were unaware of the late-submitted letter, asked the council to defer the matter or allow negotiations, and said the town had issued permits and the building official had allowed the patio. “The patio was allowed by the building official. The building was not expanded,” Sonder said, asking the council to continue the application or postpone final action while attorneys negotiate.
Several council members said the letter was dated the same day and too late to fully vet the claims in this forum; others said they were sympathetic to the neighbor’s concerns but preferred to proceed with licensing and address problems if they emerge. After discussion the council moved and voted to approve the renewal for JB’s on the Water; multiple members responded "Aye" to the vote. The council also set or confirmed license caps for various classes during the same meeting.
The council’s action was procedural: the license renewal passed and the council urged that, should substantive violations later be documented, appropriate enforcement or licensing actions could follow. The police record and Gilberry’s evidence were entered into the record; the council did not, during the meeting, reverse permits or take zoning action. The matter—evidence, complaints and any further legal or enforcement steps—remains subject to whichever boards and courts have jurisdiction over zoning and enforcement.
The meeting moved on to other license renewals and administrative items after the licensing votes.
