Bourne Select Board Meeting - September 8, 2025
Bourne Select Board Meeting - September 8, 2025
The Bourne Select Board met on September 8, 2025, to conduct a public hearing on a liquor license application for MB Spirits, LLC, and to discuss several other operational and community matters. The meeting included public comment, deliberations, and votes on multiple items.
Public Hearing: MB Spirits (Market Basket) Liquor License
- The board resumed a continued public hearing (from August 26, 2025) for a Section 15 all-alcohol beverage retail package store license filed by MB Spirits, LLC, doing business as MB Spirits, at 2 Factory Outlet Way, Suite 2B.
- The applicant's attorney, Michael Clark, presented arguments that the license should be granted, citing the ABCC's previous recommendation to overturn the board's 2023 denial. He noted that the building is slated for eminent domain taking by MassDOT but argued this did not invalidate the application, as the applicant has a legal right to occupy and could relocate the license if needed. He emphasized that MB Spirits is a dedicated package store unlike nearby hybrid stores.
- Public comment included opposition from local liquor store owners and residents. Speakers argued there is no public need, cited 2,800 signatures against the license collected in 13 days, and expressed concerns about competition, safety, and the taking of the building. Supporters, including Market Basket employees, highlighted customer demand and community contributions.
- The board deliberated, with members citing the imminent taking of the property, the absence of demonstrated public need, and the importance of supporting local independent businesses. The board voted 5-0 to deny the license.
- Specific findings: the property is intended for eminent domain and will not exist; public need is not shown given existing liquor stores in the area; and the community values local businesses over big-box chains.
Consent Calendar
- Approved the annual common victualer license for Last Bite Barbecue LLC at 856 Scenic Highway (vote 5-0).
- Approved a multiple one-day entertainment license for Haunted Harbors at Weary Travelers Club (September 26–27, October 3–31, November 1) (vote 5-0; with a reminder to abide by the noise ordinance).
Public Comments & Testimony
- Public comment on non-agenda items: none.
- Extensive public comment on the MB Spirits license (see above).
- Public comment on the High Ridge Road gate issue (see below).
Discussion Items
- Request to Repair and Close the Gate at High Ridge Road:
- The board reviewed a request from the developer (Mark Heb) to close the gate per the 2007 easement that requires the town to maintain a locked gate for emergency access. The town administrator noted the easement obligates the town to repair and maintain the gate, and a capital article ($31,850) was proposed for fall town meeting.
- Numerous residents spoke against closing the gate, citing safety concerns, single-access issues for the 200-home neighborhood, dangerous traffic at Nightingale Road/Scenic Highway intersection, and the need for a second egress. Some questioned the developer's motives and the town's delay in enforcing the easement.
- The board discussed legal obligations, negotiation with the developer, and the upcoming median construction on Scenic Highway. A motion not to put the capital article on the warrant failed (2-0, with three abstentions, lacking a quorum). The matter was continued to a future meeting.
- Cape Way Cannabis License Update:
- The applicant reported progress on the build-out and site plan application, but the planning board application is not yet complete. The board voted (5-0) to grant a 45-day extension, requiring a complete application to the planning board within 30 days and another update in 60 days.
- Picasset Woods Road Acceptance Petition:
- The town engineer presented a preliminary review of Spinnaker Lane and Daniel Webster Lane. The board voted (5-0) to hold a preliminary vote of intent to lay out the roads as public ways and referred the matter to the planning board.
- Transfer of 88 Puritan Road to Conservation Commission:
- The board voted (5-0) to transfer jurisdiction of the 3.8-acre parcel to the Conservation Commission for open space and drainage, as approved at the October 2024 special town meeting.
- Town Meeting Preparation:
- Staff provided updates on additional funds for soil cleanup at the Community Building and a budget adjustment for library staffing (proposing to convert a part-time benefited position to full-time).
- Library Building Committee Draft Charge:
- The library trustees recommended increasing committee membership from seven to nine, including two trustees. The board moved the draft charge to a second reading.
- Consent Agenda Items:
- Chapter 90 funding for intersection improvements at Presidents Road and Lamont Road (engineering study completed, in-house work with curbing subcontract).
- Chapter 90 funding for crack sealing program.
- Appointment of Jay Potter to Housing Partnership Committee (term ending June 30, 2026).
- Appointment of Chris Powers to Human Services Committee (term ending June 30, 2027).
- Town Administrator's Report:
- Upcoming Sagamore Bridge inspection (Sept 16, one lane southbound).
- Invasive plant management at Squatique Harbor.
- RFQ issued for OPM for Icewim building project (deadline Sept 26).
- Final bid plans for Scenic Highway median project available.
- Correspondence:
- Several DEP letters, a suggestion for a fisherman statue, Mass seasonal communities designation, MassDOT bridge report, Falmouth ocean outfall project, short-term rental questions, and staffing/left-turn concerns.
Key Outcomes
- MB Spirits Liquor License: Denied (5-0). Findings: property subject to eminent domain, no public need, and community preference for local businesses.
- High Ridge Road Gate: Continued to a future meeting; no decision reached.
- Cape Way Cannabis: Extension granted (5-0) for a complete planning board application within 30 days.
- Picasset Woods Roads: Preliminary vote to accept and referral to planning board (5-0).
- 88 Puritan Road: Transfer to Conservation Commission approved (5-0).
- Library Building Committee Charge: Moved to second reading.
- Consent Agenda: All items approved (5-0).
- Consent Agenda – Licenses: Last Bite Barbecue and Haunted Harbors approved (5-0 each).
- Next Meeting: September 11, 2025 (HCA deliberation); September 30, 2025 (Select Board).
Meeting Transcript
PM I'll get this meeting start this meeting brings this meeting to order. Um note this meeting is being televised, streamed, or recorded by Bourne TV. If anyone in the audience is recording or video taping, they need to acknowledge such at this time. I don't see if Owen or anyone is online. Yeah, Ollin. Oh. Oh, Owen's only. I don't know. I'm not hearing any. Okay. Um please refrain from using flash photography. We have set um up overflow out in the hallway, and the TV out there should broadcast what's happening inside for the folks in the in the area. So we apologize. I wish we could fit you all in the room. Um if anyone for the public wishes to access the meeting, they can do so by calling the following conference line. One nine two nine five two zero five six zero nine nine, Zoom meeting ID 897129-3538, password born all caps. The zoom chat will not be monitored. Participants who wish to speak must raise the hand icon until the chair asks them to unmute. All items within the meeting agenda are subject to deliberation and votes. Okay, so let's um start with a moment of silence to recognize our troops and our public safety personnel. Salute to the flag. And to the republic for which it stands. One nation. Under God, liberty and justice for all. Thank you. Okay. So public comment on non-agenda items. Uh public comments are allowed for up to a total of 12 minutes at the beginning of each meeting. Each speaker is limited to three minutes for comment, and board members are unable to respond due to the requirements of the open meeting law. Do we have anyone signed up for a public comment on non-agenda items this evening? Okay, hearing none, we will move right on to um our public hearing for uh continuation from our 826-25 public hearing in consideration um of an applicant for a section 15 all alcohol beverage retail package store license. We filed with the town of Bourne on June 27, 2025 from MB Spirits, LLC. Um doing business as MB Spirits, two factory outlet way, suite 2B in Bourne. Okay, so here we go. Pursuant to the Massachusetts General Laws Chapter 138. The Bourne Select Board acting as the local licensing authority. I hereby res um resume the public hearing that we had continued from August 26th. As a reminder, this hearing is for the licensing authority to consider the following. Item one, review the ABCC decision dated April 29th, 2025. Two, consider the ABCC recommendation to grant the application filed by Market Uh MB Spirits, LLC, DBA, MB Spirits, 2 Factory, Outlet Way, 2B, Born Mass, originally denied on January 3rd, 2023 by the Select Board, and to remand the matter to the select board for further hearing. And item three, consider the application for a section 15. All right, all alcoholic beverage retail package store license re-filed with the town on June 27th, 2025. The town has reviewed written correspondence since August 26th, which I am entering into the record of this hearing. Now I will provide the applicant an opportunity to speak if there is new or additional information they would like to include for the hearing. Okay. Joining me again this uh evening is Michael Clark. Um Jamie Kaneen, and I know that Amir is somewhere, uh Amir Bay Zotovich is in the carter coming in. He's the proposed manager of markets. Yes, sir. Could you please speak up?
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