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06-21-2010, 11:33 AM | #1 |
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Need Help on Issue - China Bistro Outside Music on Thier Patio
So my neighbor was up this past weekend and were extremly distrubed by what they had heard and saw first hand. The China Bistro had a band out in front and played music till 11:30pm on Saturday night. Granted it was bike weekend and there are extra things being done that weekend. We were extremly surprised that they did not have a permit to do so (probably why they were only on till 11:30pm. We were told by the city that they did send notice to abuters but we did not receive it as it went to the president of the assoc from the 80's, we are having our information updated at Laconia town Hall so that will not happen again. Even for a one day thing they would need a permit!
Now to those that might not know, our places are diagonally across from the China bistro and there are constant complaints made from us and others in the area about the volume of thier music that is played in the night club to the point of having to turn up our tv to drown it out, and even sometimes our bed vibrates and these complaints were made to Gilford police and the city and all I was told to do was to just keep making complaints. I welcome anyone to come by our place on a Friday or Saturday night about midnight to witness and feel. This after their remodel, which according to its approval, was supposed to block this out for the neighbors. I have sited noise ordinance violations many times to the city and police and asked them to fine them, but nothing has happened at all even after following up with the issues at hand. Now the owners this year had put outside dining on their patio that was made during the remodel, and over the weekend had a live band playing out there. We were told that the owner applied for a permit to had that area extended and the hearing that was supposed to be tonight was canceled due to the fencing in the front that needed to be updated for saftey. I am all for letting them have outside dining, hey you want to sit near rt 3 traffic, fine with me, but to having music out there I have to be against! The permit to extend was to extend the dining area and nothing was mentioned about band music, but if he did not have the permit for over the weekend, and did it anyways, what do you think will happen after the area is extended cause it is already happening now. Just imagine sitting on your deck on a nice night and all you hear is loud music playing every Thursday, Friday and Saturday night, this is not the Naswa area and do not want it to become like it! We did move to the area in 2006 when the club was there and I understood moving to a nuisance, but now they will be generating a new nuisance and it must be stopped and then also from a resale point of view how would I ever be able to sell our cottage, not that I am going to, when oh yeah by the way there is a outdoor nightclub across the street! Please Help us to stop this from happening and call Gilford reps, attend the hearing anything you can do, what can be done! As an out of state owner what can I do other than attend the hearing? Argie's wife need your input here!
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06-21-2010, 02:34 PM | #2 | |
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http://www.boston.com/ae/music/artic...9/pay_to_play/ |
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06-21-2010, 04:32 PM | #3 |
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See if you can get it declared a no rafting zone.
But really, do what works, put the restaurant and the Gilford PD on speed dial, everytime they start up, call them both. Call them several time every night. Eventually they will get tired of you calling. If that doesn't work consider a lawyer. It will cost you but it might be worth it. A good lawyer will tell you if you have any legal options for short money or sometimes even free for the initial consult. At least you will know if you have legal options. |
06-21-2010, 06:33 PM | #4 |
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Obviously they are just seeing what they can get away with. As for a fine, I bet it's no more than a couple hundred bucks, probably cheaper than a permit. Take care of the right people in the town i.e. donations, free food and drinks, and your all set to go. I drove by the Lobster Pound on wed. night you couldn't even see the restaurant. Heck, they must have had 50 venders there. Saftey and fire code violations?? Not for the Lobster Pound. They throw an annual pig roast, give all the proceeds go to the Laconia Fire Dept. bingo! no violations, and I am sure that OG knows exactly who to take care of in town.
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06-21-2010, 09:51 PM | #5 |
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You could print this AN ORDINANCE RELATING TO NOISE CONTROL (see section 3) and send it to the Police Chief and ask why it is not responded to and acted upon by the department. Also send a CC to the state AG.
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06-22-2010, 05:32 AM | #6 |
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"We did move to the area in 2006 when the club was there and I understood moving to a nuisance"
I think the above says it all! Why don't you try going to the club to enjoy the music? |
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06-22-2010, 06:35 AM | #7 | |
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But for right now I really need to know what that hearing was rescheduled to, I will take a day off if I have to, Any one tell me when they rescheduled it to? who can go to the meeting and help out with this problem
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06-22-2010, 06:53 AM | #8 | |
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That is a pretty terrible statement to make to be honest. I have a 4 year old that cannot sleep because of it and I will not support a company that I am opposed to, it would only fuel the fire. Normally Second Curve I am with you on this forum, but I have to disagree because of the situation and the biggest issue is the new nuisence, not the old one as I said they were their first and havea right to keep doign what they were doing, but now that others are there and they are trying to do new things, those things can be voiced against, again because it is a change
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06-22-2010, 08:05 AM | #9 |
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I'm not a lawyer but I am a public activist (and my father's daughter) - I've spent a lot of time in planning/zoning meetings and may have some insight for you... take what you want from this - or none of it - maybe it will help you...
Okay, I've read through your post a few times and bolded some key items. First off, DOCUMENT EVERYTHING. Every time you call the police, speak with someone from Zoning or Building Code Enforcement, or even the owners of China Pain-In-The-Bistro - write it down. Keep records - make sure you have date/time, names - you get the idea. The better your records are, the better case you can build. Secondly, contact Gilford's Planning Department and ask about the noise permit. It may be that they'll forward you to Code Enforcement or another department. I'm not that familiar with Gilford's town offices but find out the terms of their current permit for having music/bands, etc. Then, find out when that hearing is re-scheduled. It may be that abutters will NOT be notified when the hearing is rescheduled - keep on top of this and get that date. Thirdly, I'd get a copy of the town's master plan for development . Find out if the town's zoning board considers the impact that a business having outdoor music, like CB does, or as you cited, the possible impact to re-selling your cottage - will have to abutters. (The town's planning dept should have this...) While you're at it - get a copy of the meeting minutes from the zoning board and/or planning board meeting(s) that CB presented their case for consideration. Note: they may have had continuations and been at more than one meeting. Make sure you have all the meeting minutes that pertain to their case. Per RSA 91, The Right To Know Law, the town has five days (business days) to dig these up for you and make them available to you if they are not online. (Chances are they'll have them available for public inspection in their office and usually will make copies for a small fee.) Either way - you want to look for instances where the board had reservations about the request AND look for inclusions in the final motion approving the request. Something like "J. Doe motioned to approve the request made by [company name], case #[case number], for a variance on [zoning article number] with the following conditions:[list conditions]". You want to review those conditions - maybe they aren't being met. Maybe there's no mention of outdoor music or other noise issues. Also look to see who spoke against the request - I'm hoping that some folks did but who knows... Finally, rally the troops - get the abutters to attend - but remember to be civil and respectful of the board. If folks keep a cool head in this but communicate how this changes their quality of life, diminishes their resale value of their cottages or homes, and other detrimental issues that come from CB having this loud music, then their request may be denied. But stay cool and organized - being loud, angry and disruptive will get you removed from a meeting - that's NOT what you want. State your facts to the board. Perhaps getting a sound study done by a professional would also be good data to submit to the board - just saying "It's loud" vs. "This report shows that at 11:55pm on Monday, June 20, the decibel level at my house was 90dB, which is about the same as a loud motorcycle. Can you imagine trying to go to sleep at night with a loud motorcycle running?" Always be ready to hire a lawyer, if need be. Sorry but that's the society we live in. Last edited by Argie's Wife; 06-22-2010 at 08:40 AM. Reason: Spelling Police will arrest me... |
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06-22-2010, 08:08 AM | #10 |
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Don't you mean THEIR
You should probably check your spelling before posting
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06-22-2010, 08:23 AM | #11 |
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I do on everything else, but here I tend to just submit,
have to get on and off the forum quick at work
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06-22-2010, 08:38 AM | #12 |
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Probably but because I have nerve damage in my right hand I have trouble typing sometimes. I will accidentally transpose letters from the left side of the keyboard first with the right side - I have typed many a "their" or similar misspelling. I can spell but can't get my right hand to follow my brain anymore. Mornings are especially bad.
Maybe that will buy me some grace from the Spelling Police, no? |
06-22-2010, 09:13 AM | #13 |
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Town lines
AC2717, I remember when you brought this up last year. Don't I recall that there is a Town Line issue here? If I recall correctly, the Bistro (why is it called that, anyway?) is in Gilford, but neighbors across the street live in Laconia. That makes things more complicated. How is that handled?
Last year's thread here |
06-22-2010, 09:24 AM | #14 |
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The business is in Gilford, then start with Gilford's Planning Dept and go from there. I'd leave it up to them to direct or re-direct you, as they feel it is appropriate. Remember, abutters, even on the Laconia side, were invited to the hearing that was held in Gilford.
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06-22-2010, 09:30 AM | #15 | |
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Nice job, Argie's Wife!
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06-22-2010, 10:29 AM | #16 |
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AC...
Before you get too twisted over the outside music, you need to see if it was a once a year (Bike Week) occurence or if they intend to have the outside music every weekend. If they have the outdoor music this weekend I guess you will have your answer! If its a once a year Bike Week occurence you can state your case to the town (most likely next year when they apply for a permit), but I wouldnt expect much sympathy... when it comes to bike week the towns all "bend the rules" a bit to allow the businesses to make as much money as they can.... In Laconia, no outside amplified music is permitted past 10:30pm with the exception of Bike Week (12:30am) and only in the Weirs.... There was an attempt made a year ago to change this ordinance to allow music past 10:30 only in certain areas (zoned resort/commercial) but it was rejected... As far as the pre-existing noise conditions (thumping bass) from the night club I doubt there is much your going to accomplish there without spending a ton of money on lawyers and sound studies... that place has been a loud nightclub for a long long time. I remember when they used to have bands play there... Woodsy
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06-22-2010, 11:38 AM | #17 | |
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06-22-2010, 12:28 PM | #18 | |
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...then start with Laconia... whichever city/town that CB is zoned for, start with that one... go from there. Good luck. |
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06-22-2010, 03:08 PM | #19 |
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It does, but they are in Gilford.
I have made some contacts, I will let everyone know how it is working out
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06-23-2010, 08:07 AM | #20 |
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AC, I think the problem is the level of volume. The bass guitar is the one that penetrates your walls and windows but does not register very high on a sound level meter outside of the club......maybe 70/75 decibals. Boats and bikes have to be over 82 in a pass by test or around 90 stationary in order to be considered as noise pollution.......so, I think you may have trouble proving your case even though it's driving you crazy. Wish I had a helpful idea for you.
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06-23-2010, 09:07 AM | #21 |
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Well Today and yesterday I received responses from city council memebers which were very helpful, I am continuing on my treck, but according to what they are telling me without releasing the details, everything but the noise levels are approved until the end of this year, in a nut shell
I will continue to address the issue
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06-23-2010, 11:54 AM | #22 |
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It sounds like you are going through exactly what neighbors of Old Lakeview Drive in Wolfeboro went through with the Lakeview Inn in Wolfeboro. They built a new barn and had music which caused a big fight with neighbors which went on for several years.
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06-23-2010, 02:03 PM | #23 |
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Tis - how did that end?
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06-23-2010, 04:29 PM | #24 |
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Well, I think there were really no conclusive decisions because the Lakeview has been for sale and I don't think they were doing much for quite a while. I hadn't heard of them even using the barn recently. The police were called often, they went back and forth to court, the whole thing was a mess. I hear it may be sold so it will be interesting to see if and when they start the music again what will happen. The last I heard neither side was happy.
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06-23-2010, 04:32 PM | #25 |
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My map shows the town line goes down the middle of the road (rt3) at that area. Water side is Laconia, other side is Gilford.
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06-23-2010, 04:52 PM | #26 | |
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until Lake st, turns into Weirs Blvd at that blinking light
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06-23-2010, 07:52 PM | #27 |
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If I am going to continue to read these forum posts, I would appreciate:
Korect speling proper gramer and please dont forget about pun-u-ation! AC2717 & AW...you should not have responded to that particular response. I am far from perfect and that will not hold me back from posting. Pleaze feel free to korrect me on my speling! |
06-23-2010, 08:13 PM | #28 | |
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Whoops. I just did, didn't I? Hey, I'm as human as the next person. |
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06-23-2010, 09:33 PM | #29 |
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I agree That pun-u-ation is specialy portent
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06-24-2010, 06:02 AM | #30 |
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HA! I went through writing a response about the missing period (.) at the end but just couldn't hit the send button.
As far as the music. My suggestion would be a .50cal to the transformer servicing the place. |
06-24-2010, 06:38 AM | #31 | |
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Great now I am hungary at 7:38am in the morning, but not for their food!
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07-01-2010, 11:21 PM | #32 |
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As I sit on my couch awake at 12:05am, trying to get to sleep since 11pm and then finally giving up and having to try to get my daughter to sleep and her just finally passing out about 10:50pm, I had put a call into the Gilford Police department about the noise and vibrations that have been going on since about 9:30pm. I just felt the need to update everyone on the situation.
I have to say I have received some good feedback from the town and they are adressing the concerns of myself and my neighbors. Infact last weekend we barely heard a peep form across the street (the weekend after China Bistro was contacted), we came up this afternoon after work and sure enough they were back at it after the quiet weekend that followed contact from various parts of the town such as the planning board, selectmen, and others. (I was kept in the loop about the contacting) I do not wish to put anymore further about the total details discussed incase this matter has to go further, but will keep the forum updated on the situation at hand to let you know my progress. I will let everyone know that they received a letter from the planning board about their site plan and how while they were authorized for music inside and out, they were found not in compliance with their site plan and had to remove the fence, string lights, tables, chairs, and anything else out in front of the bldg facing Rt 3 (Lake St) to when I last checked it out a couple of hours ago, they had not. They were advised they would be fined a significant amount starting from the first day they were told to remove everything, so I just emailed asked that the fine be enforce and to have my tonights complaint documented via the email It is now 12:20am, and still the noise continues after being advised that a police car would go and speak to them about the bass levels. It was quiet for a couple of minutes I am ballparking about midnight till about 12:08am and then right back up to a louder level, hmm wonder why it was lowered for that amount of time??? Well in about an hour their grand finally for the night will turn on for about 20-30 minutes and it will be a constant vibration and noise (it is the same everynight) and hopefully about 2:15am I will be able to get to bed tonight or this morning.
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07-02-2010, 06:21 AM | #33 |
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I thought the "last call" in NH was 1AM, maybe you should get the liquor commision involved. They tend to have a "take no prisoners" attitude, if evan one person is drinking past 1AM.
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07-02-2010, 06:23 AM | #34 | |
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usually last call is a half hour before closing in most places that I know of even in MA
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07-02-2010, 06:38 AM | #35 | |
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A bar/restaurant has to stop serving liquor at a certain hour per local/state laws. This means that after that time, drinks cannot be available or consumed. There is no law about the timing of last call though. However, unless the local law states a specific closing time, the place can stay open as late as it wants-as long as they are no longer selling liquor. Drinks have to be finished and off the tables/bar by the whatever time the law states.
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08-10-2010, 09:15 AM | #36 |
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Are you kidding me
Wanted to let everyone know that despite the planning board's letter to the Owners of China Bistro back on June the 22nd to remove everything from their front lawn or face a per day fine and they would not be allowed a hearing infront of the board to do so..
well guess what, just found out that they have a hearing in front of the planning board of Gilford on Monday the 16th at 7pm AND TO DATE THEY HAVE NOT ATLEAST DONE WHAT THE BOARD HAD ASKED THEM TO DO OVER A MONTH AGO!!!! No fine and they got the hearing anyways Now how does this work??? Please come out or write letters to the board or whatever you can to hopefully stop them from being granted the outdoor patio space/club area
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08-10-2010, 10:39 AM | #37 |
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NHBoat70..I think he meant "there" so there..
So is your issue the noise or the outside seating ? Cause I don't believe the town will put the squash on the seating as long as fences are up and they abide by THEIR property lines. I live up the hill from you so I know the noise thing your talking about ...but not as loud up here.
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08-10-2010, 10:50 AM | #38 | |
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No seating, then no reason for them to waste the electricity for the outside music What I really do not like is that the town sent them a letter saying they had to comply by removing everything out in front before they could have a hearing and at this point, everyone, including the board, is ignoring this. I have a copy of the letter See even up the hill you can hear it! imagine being right across the street!!! Here are some of the issues I have with this: • First the planning board told them to remove everything from the front lawn and they have not - blatant disregard • Severe distraction to drivers • Heightened danger to children and adults due to increased traffic (no sidewalks in that area) • Heighted noise levels above what has already been continuously complained about • more unwanted or dangerous lighting that would be out there on the Patio like blinking/flashing lights - club like atmosphere • a unsafe area to have people gathering right beside a very busy road, actually a highway - Rt 3 • lowered property values for all those that are around it due to being beside a outside night club type place - bad enough trying to maintain value in this economy, but to then try to sell something beside a place with outdoor music/dancing at night in a family resort oriented area - for those that do not see this coming i have a question for you - would you buy a property next to a place that has outdoor music and seating area with no time restrictions? • possibility of more drinking in a heavily populated area • more traffic on a already extremely busy street • Environmental impact of all these things above with wildlife and what not which is probably a reach but still could be a concern
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08-10-2010, 12:25 PM | #39 |
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Thank you..and good luck
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08-10-2010, 12:37 PM | #40 |
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08-10-2010, 03:58 PM | #41 |
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AC, I totally sympathize with you, and your childrens lack of sleep but I wouldn't be of much help as the noise doesn't affect us as much here (1/4 mi. as the crow fly's), and I don't mind the outside seating situation.
I crindge everytime a plane takes off from LA.. Laconia airport,but it was there when I bought my house.Not that I'm comparing the occasional take-off and landing with 7 hours of constant boom boom boom. I really hope you gain some ground in your quest and will be watching for the outcome..again I wish you the best..Tim
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08-16-2010, 09:20 PM | #42 | |
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Good point
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It happened at a few places here in RI. The fines were 30K +. http://www.ascap.com/licensing/licensingfaq.html |
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05-12-2011, 11:24 AM | #43 |
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05-12-2011, 11:32 AM | #44 |
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“We want people to come to Gilford, we want businesses to thrive in the Lakes Region,” Benavides said...
Someone please pass this on to the Noonans! |
05-12-2011, 02:21 PM | #45 |
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Sorry, I'm going off-topic
Who are the Noonans? This is the second thread that the name has come up. Again, sorry for going off-topic.
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05-12-2011, 02:34 PM | #46 |
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They are the team that is trying to open a skydiving business at the laconia Airport. There is a long thread "Skydive Laconia" about their proposal. They have also enlightened many of us and included links to their adventures to Mount Everest.
Check this one out! |
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05-12-2011, 04:52 PM | #47 |
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People hate changes. It is so hard to get these towns to allow new businesses.
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05-12-2011, 08:32 PM | #48 |
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“And it’s a regular haunt for our police department,” Dunn added.
I'm not so sure that was well written. |
05-12-2011, 09:30 PM | #49 | |
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Quote:
The funny thing was that i was not going to make the trip up, but we found out on Tuesday that the owners applied for a special permit for wet t'shirt contests, but that would mean that they would have to grant an adult entertainment license. I am going to read the article and see if what is there is what happened. in a nutshell that is how the meeting went but everyone on the board stress that they did not to prevent people from coming to Gilford to conduct business and want to bring business to their town, but this was the wrong type of business to welcome. It was a job well done and yes a good vcitory for us, we are keeping ourselves updated with the town hall to see if and when the owners will resubmit for a permit. while I am very happy with the decision, it does stink that it had to be this way, it is bitterweet, hopefully this summer will be a great one that we will be able to leave the windows open
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05-12-2011, 09:38 PM | #50 |
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even more bigger news:
down here near me, the Brookline MA police department captured the man responsible for the Gunstock Acres robberies, he is from washington state, has a warrent in CA, and has various other crimes he is wanted for in MA He was captured in a stolen vehicle as well this should have made the news as well
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05-13-2011, 12:17 AM | #51 | |
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Quote:
http://www.citizen.com/news/laconia_...9bb30f31a.html Accomplished because of the hard work and cooperation of multiple agencies. Great work by all!
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Never waste time lamenting what was. Simply celebrate what is! |
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05-13-2011, 10:37 AM | #52 | |
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05-13-2011, 10:49 AM | #53 | |
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Quote:
All is well, now if I can get the rain to hold off for the weekend as I am heading up tonight it will be great!!!
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05-13-2011, 10:37 PM | #54 | |
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05-15-2011, 10:09 AM | #55 |
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05-17-2011, 01:18 PM | #56 |
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I wasn't replying to myself, I was adding in something to what I already posted. I do have a point, you have to give me that. If ppl don't like noise, they shouldn't live near an area where it's the most busiest and nosiest in the summer! The whole Paugus Bay area and the Weirs is like that in the summer.
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05-17-2011, 08:45 PM | #57 | |
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05-17-2011, 10:02 PM | #58 |
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I agree with corolloman. I would be willing to bet that China Bistro was there long before most of the people that live across the street. I remember that 20 years ago it was a hot spot much like it is today, infact there were bars and clubs for years in the retail spaces of the condos next door to China Bistro as well. I remember it being louder and crazier then in that general area. I find it funny that people buy a second home or relocate and make this their primary residence and try to change what the area has been for years. Its like the people that complain about bike week. The rally has been here for 88 years, if you are 89 years of age or older then you have a right to complain otherwise it is a great big lake with plenty of nice quiet places to enjoy. Maybe you should not have bought a home that is as equally as far from a night club as it is from the lake. They should be made to be compliant with town ordinances, then they should be left alone.
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05-18-2011, 12:56 AM | #59 |
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It reminds me of the NEWBIES that buy on Lake Winnipesaukee and then want to make much of the lake a " No Wake" zone. If they want a very quiet lake then I don't think Winnipesaukee is the lake they should buy a lakefront home on.
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05-18-2011, 05:30 AM | #60 |
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Caveat emptor
I cannot help but think: Caveat emptor. I am sympathetic for the new noise issue but it does seem odd to me that someone would buy a place immediately next to a night club and then complain about having a night club next door. It would be different if their was a 'surprise' next door, like a guy who held a loud party every three weeks, that would be difficult to know when you bought the place without real research, but it had to be clear that there was a night club immediately next to the property that you were considering on buying.
Did you speak with the owners of the night club before buying to understand their plan? Did you speak with your potential neighbors before buying? Did you visit your potential house at 10 or 11pm on a Friday and Saturday night in prime season to get a feel for what having this neighbor would be like? This does feel a lot like the folks putting in no-rafting zones for the place they just bought because it is such a great location on the lake and occasionally there are many boats parked out there enjoying the lake. The noise and boats bother them. Really? Now you want to take away the lake from those people enjoying it? You knew it before you bought. Sorry if this is not what you want to hear but it seems to me you could have, should have anticipated that living immediately next to a night club could produce some issues like noise, parking, etc. Perhaps that is why the place was sold by the previous owners. |
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05-18-2011, 05:33 AM | #61 |
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Quietude and Civility...
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05-18-2011, 07:10 AM | #62 | |
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Quote:
I'm also genuinely curious what existed *first*. The residential properties, or the nightclub? Perhaps the properties were there first, and then a night club came along and setup operations? That would put a bit of a different perspective on things.
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05-18-2011, 07:12 AM | #63 | |
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05-18-2011, 07:58 AM | #64 | |
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Quote:
If you don't like what is there don't go there. Moving into an area and trying to change the rules would be like living or boating on a lake and trying add a no wake zone or trying to change the s.......... Whoops! |
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05-18-2011, 08:36 AM | #65 |
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Rock and roll is here to stay
It will never die It was meant to be that way, though I don't know why. I don't care what people say Rock and roll is here to stay Something on the lighter side :-) |
05-18-2011, 09:55 AM | #66 |
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I'll suggest to go next door and join them. Have some fun! Start living. If you want to listen to the crickets, buy in the woods, not on a Main St.
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