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).