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Charlestown council limits NoBar Clam Shack to three acoustic nights after neighbors object

Charlestown Town Council · November 12, 2024
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Summary

After neighbors produced a petition and cited a prior violation for amplified music, Charlestown Town Council approved entertainment licenses for multiple businesses but limited NoBar Clam Shack to three non-amplified, deck-only acoustic nights (3 p.m.–8 p.m.) and required the owner to notify the town clerk of dates by email.

Charlestown — The Town Council on Nov. 12 approved general-entertainment licenses for a slate of businesses but put strict limits on the NoBar Clam Shack after residents complained about noise and a prior violation.

Councilors heard from residents who submitted a 31-signature petition opposing expanded amplified music at the NoBar Clam Shack, at the end of Charlestown Beach Road. Frank Adams said he and neighbors worry that removing restrictions would "change the neighborhood forever" and cited concerns including traffic, noise and potential unruly behavior.

Owner Richard Nemerich acknowledged past noncompliance. "That was louder than it should have been," Nemerich said when asked about an earlier event that used amplified music. He said he "take[s] full[ ] responsibility" for the mistake and asked for additional dates because customer demand had been strong.

Councilors questioned whether the applicant could be trusted to comply after the prior violation. Councilor Stokes said the issue became a "trust" matter for the town and emphasized that the original allowance of three acoustic events was meant to test neighborhood reaction. Councilor Carney and others said they found neighbor letters persuasive.

Councilor Susan Cooper moved — and Councilor Sarah seconded — an amended motion to approve a general indoor/outdoor entertainment license for NoBar Clam Shack limited to three dates of acoustic, non-amplified music between 3:00 p.m. and 8:00 p.m., limited to the deck area, and requiring the applicant to notify the town clerk by email of chosen dates. The amendment and the motion passed unanimously.

The council separately approved general-entertainment licenses for other local businesses on the agenda, subject to receipt of required paperwork. The police chief had reported no objections for the renewals.

The action preserves the business's ability to host limited acoustic performances while responding to neighborhood concerns; the council noted it can revoke the entertainment license if future violations occur.