Despite Neighborhood Opposition, Liquor License Renewed For N.O. Bar

N.O. Bar, LLC, that manages the Clam Shack located in the Shelter Cove Marina on Charlestown Beach Road, has been before the Charlestown Town Council for a liquor license renewal and is currently before the Charlestown Zoning Board for a Special Use Permit for the construction of an outdoor bar.

At the November 14 Town Council meeting, where a public hearing was opened on a renewal of the liquor license, the Council heard positive testimony from Richard Nemarich, the manager and one of the owners of N.O. Bar, and negative testimony from many neighbors, both in person and written. The Town Council voted to table the application until after the Zoning Board held its hearing about the construction of the outdoor bar. This Council was the previous Town Council that had been elected in 2020.

At a continuation of the public hearing at the December 12 Town Council meeting, the newly elected Town Council took up the matter of N.O. Bar again, even though the Zoning Board had not yet opened a public hearing on the application to construct a bar.

Over 32 neighbors either testified in person or submitted written testimony. Twenty-seven were in opposition, with 4 in favor of the liquor license renewal. One of the speakers identified himself as the president of Charlestown By The Sea Neighborhood Association that represents 165 families.

In previous testimony, Mr. Nemarich had stated that he owns the Clam Shack but that he is not an owner of Shelter Cove Marina. But at the December 12 Town Council meeting, Mr. Nemarich stated that in addition to himself, the owners of the Clam Shack (N.O. Bar) are Jim Marsh and Jeff Gardner and the owners of the Shelter Cove Marina are Rick Lavigne, Jim Marsh, and Jeff Gardner. It was noted that Shelter Cove Marina and N.O. Bar share common owners.

Most of the neighbors opposing renewal of the liquor license spoke favorably of the Clam Shack, which has been in operation for 40 years or more. Their objections were not to the Clam Shack, but to the changes that had occurred since the addition of a liquor license shortly before the summer season last year.

Again, the neighbors spoke of erratic driving on Charlestown Beach Road, a very narrow and busy road with many pedestrians; an increase in littering; an increase in noise; and occurrences of people vomiting and relieving themselves outdoors and in public view. The vomiting and outdoor urination were new behaviors according to the speakers.

The attorney for the applicant argued that the neighbors had not reported any of this to the police, and without any complaints in the record, the Town Council could not deny the liquor license renewal.

At the end of the public testimony, Councilor Richard “Rippy” Serra scolded the neighbors for criticizing a small business. Mr. Serra said, “I’ve had a liquor license in this town for 40 years. What’s this, like, the hang-fest tonight? You people are all against this marina and now you are going to take down a liquor license with NO VI-O-LA-TIONS recorded?”

Because the Zoning Board had not yet heard the application for an outdoor bar, Town Councilor Susan Cooper made a motion to again postpone a vote on the liquor license until the Zoning Board has a chance to act. She was joined in that vote by Ms. Carney, but the other Councilors defeated the motion.

A motion was then made to approve the liquor license for service from the window only and to be consumed on and within 20 feet of the deck from 11 a.m. to 9 p.m. Susan Cooper stated that she remained opposed, because she believed the Council should not make a decision until the Zoning Board had made its decision. The liquor license was then approved 4 to 1 with Ms. Cooper in opposition.

The N.O. Bar application for an outdoor bar will be before the Charlestown Zoning Board on January 17 at 7 p.m. at the Charlestown Town Hall.