►
From YouTube: Entertainment Administrative Hearing 11/3/2022
Description
Entertainment Administrative Hearing 11/3/2022
A
C
B
Once
again,
just
a
reminder
to
please
remain
on
mute
unless
or
until
you
are
appearing
or
testifying
good
afternoon.
This
is
administrative
hearing
before
the
Mayor's
Office
of
Consumer
Affairs
and
Licensing
today
is
Thursday
November
3rd
2022..
This
hearing
is
being
conducted
pursuant
to
certain
temporary
amendments
to
the
open
meeting
law.
That
is
what
allows
us
to
meet.
Virtually
this
hearing
is
being
recorded
and
will
be
posted
to
the
city
of
Boston's
website.
B
We
are
joined
today
by
the
executive
director
of
the
Mayor's
Office
of
Consumer
Affairs
and
Licensing
Kathleen
Joyce
and
director
of
operations.
Rebecca
food
I
will
read
the
item
on
this
afternoon's
agenda.
I
will
then
ask
who
is
present
on
behalf
of
the
licensee
and
who
is
present
on
behalf
of
the
Boston
Police
Department,
after
which
I
will
swear
in
all
parties.
B
B
B
D
The
record
yes
good
afternoon
on
10
to
2022
at
1
53
a.m.
I
responded
to
45
Stuart
Street
in
the
Theater
District
that
reports
a
radio
call
for
loud
music
coming
from
the
embodying
building
I
went
to
45
Stuart
Street,
which
is
the
Ava
building
proceeded
to
the
10th
floor
and
I
met
with
the
the
koala
I
conducted
a
song
reading
at
that
time,
and
the
song
reading
came
back
with
the
63
decibels,
which
was
mainly
base.
That
could
be
heard
from
the
center
of
that
10th
floor
apartment.
D
After
11
o'clock,
the
city
of
Boston
noise
ordinance
forbids
noise
to
exceed
50
decibels.
I
was
with
officer
frescoes
in
the
alpha.
435
proceeded
downstairs
to
Bijou,
where
I
met
meteoslan.
The
manager
I
spoke
to
him
and
told
them
the
results
of
my
sound
reading
and,
as
a
result,
I
used
to
license
from
this
violation
of
a
zero
five.
Nine
five
zero
The
Bijou
for
loud
Amplified,
music
emanating
into
the
abutting
building
after
11
pm
at
63
decibels
and
those
essentially
young
effects.
A
A
D
A
A
D
We
did
so
we
we
well
I,
try
my
best
to
wait
for
lulls
in
the
traffic,
because
there
is
a
lot
of
car
traffic
down
below.
We
try
to
zero
in
specifically
on
the
more
I'm
sorry,
the
music
and
noise
coming
from
the
club,
for
instance,
if
it's
a
green
light
and
you
have
a
swath
of
cars
going
by
I,
don't
do
the
sound
reading.
I
wait
for
quiet
as
quiet
can
be
and
I
conduct
the
reading.
D
A
A
G
G
G
It
is
a
very
busy
area
there
so
and
the
the
meter
does
not
identify
specific
sounds
or
noises
from
the
frequencies,
the
one
that
I
had
so
that
was
one
of
the
disadvantages
I
had
in
the
system.
I
have
based
on
the
noise
levels.
That
morning,
we
kind
of
felt
that
it
would
probably
be
more
prudent
to
come
on
an
evening
when
the
club
is
open.
G
So
the
evening
of
the
30th
we
went
to
the
club
a
little
bit
before
it
was
open.
We
set
up
their
sound
meter
up
at
the
roof
again
on
a
tripod
at
the
back
corner
and
we
set
it
up
to
basically
the
same
system.
We
were
getting
a
TWA
of
a
45
and
a
L10
level
of
a
67..
Again,
though,
the
this
disadvantage
again
was
a
lot
of.
The
noise
was
basically
from
the
the
background
noise
of
the
streets.
It
was
even
at
that
hour
it
was
pretty
busy.
G
G
G
A
Sergeant
and-
and
he
said,
he's
got
a
and
a
new
calibrated
system.
If
you
had
readings
and
it's
obviously,
it
was
a
different
time
at
night
for
the
sergeant
in
a
different
light.
I'm
guessing
and
I.
Don't
know
the
first
thing
about
this,
but
I'm
guessing
that
maybe
weather
conditions
might
affect
sound
a
little
bit.
I
I,
don't
know,
but
the
you
know
based
on
your
readings-
and
this
was
on
the
seventh
floor-
is
it
possible
that
sound
gets
louder
as
it
goes
up.
H
Yeah,
thank
you.
I'm
sorry
did
someone
have
their
hand
up
yeah,
okay,
I'm
gonna
jump
in
first
with
a
couple
of
questions
for
the
sound
person,
so
I
just
want
to
make
a
note
for
the
record.
These
sound
readings
were
taken
on
a
different
night,
but
they're
very
technical
for
me
to
sort
of
process.
Mr
tavari.
Can
you
just
break
down
for
me,
TD
TWA
level,
L10
level,
and
you
know
what
that
sort
of
a
simplified
version
of
that.
G
Okay,
we'll
give
it
a
shot
unless
Jeff
wants
to
jump
in
for
me,
but
well.
The
max
level
was
obviously
the
maximum
level
and
that
a
lot
of
times,
that's
driven
by
perhaps
like
the
like,
the
sergeant,
said,
the
siren
going
off
or
these
days
these
kids
have
cars
that
the
sound
system
in
the
car
is
probably
bigger
and
more
Amplified
than
the
sound
system
in
the
club,
so
that
that
would
be
the
peak.
G
G
If
you
will
so
that
average
is
the
time
weighted
average
is
the
average
over
the
period
of
time,
but
the
the
meter
was
reading
the
DBA
levels,
the
L10
level,
which
is
a
reference
to
the
zoning
requirement
where
you're
supposed
to
have
documented
the
10
level
of
the
the
noise
range
and
the
Tempest
over
10
percent
and
I.
Believe
that's
in
the
absorbing
regulations
for
the
city
of
Boston
can.
H
Lauren
we're
just
going
to
try
to
follow
the
rules
of
our
hearings
and
I'm,
going
to
ask
the
questions.
First,
let
them
answer
and
then
we
can
have
witnesses
testify
just
to
keep
it
clear
because
we're
taking
notes
and
it's
important
for
our
decision-
it's
not
really
a
conversation
or
a
meeting.
It's
a
hearing.
C
A
C
Sure
my
name
is
Jeff
Fullerton
I
am
a
an
acoustical
consultant
working
for
the
company
called
Intertech.
We
are
right
here
in
Downtown,
Crossing
I've
had
a
chance
to
visit
the
facility
and
basically
working
with
Ron,
to
provide
additional
support
on
the
acoustical
side
of
things
and
also
to
assess
the
conditions
in
case.
Further
reductions
are
needed.
A
C
C
Correct
we're
we're
looking
at
the
sources
of
sound
that
the
club
is
generating
and
seeing
what
are
the
paths
in
which
that
source
of
sound
could
radiate
to
the
exterior
and
identifying
ways
in
which
mitigation
might
be
implemented
to
reduce
those
transmission
paths.
So
we
we
had
a
visit
a
week
and
a
half
ago
and
had
the
chance
to
see
the
facility
see.
C
The
speakers
see
the
conditions
visit,
the
rooftop
we
haven't
been
in
the
Abba
building,
so
I
don't
have
assessments
from
inside
the
outer
building
and
we
haven't
been
there
during
the
usage
of
the
club,
but
from
from
running
the
system
in
a
city
in
a
sound
level
similar
to
with
the
club
being
operated.
We
have
the
chance
to
experience
that
is.
A
C
C
A
A
A
E
So
the
last
hearing
that
we
had,
we
were
told
to
keep
it
at
-9,
the
base,
input
or
output
for
say
and
since
Lauren
was
complaining,
we
even
moved
it
down
to
the
minus
12
and
but
apparently
she
still
had
a
problem
with
it.
So
we
keep
turning
the
volume
down
the
bass
down,
but
we
we
just
keep
doing
it
every
night.
No,
no
and
it's
never
enough.
A
E
We
do
I
think
it
was
a
couple
of
weeks
ago
we
got
a
complaint.
Lauren
stated
that
it
was
very
loud
in
our
apartment
and
we
were
in
the
office
which
is
inside
the
club,
and
we
were
reading
at
68
Inside,
the
club
in
our
office,
and
she
wasn't
I
think
in
the
70s
I'm,
not
sure
exactly
what
number
it
was,
but
she
stated
that
it
was
irrelevant
that
we
were
in
the
office
and
her
son
was
moving
up
and
in
an
apartment
it
was
in
the
70s.
A
A
A
E
A
A
H
Okay,
I'm
just
going
to
put
on
the
record.
This
is
a
disciplinary
hearing
and
we
take
this
very
seriously.
The
applicant,
the
licensee,
is
obviously
hired
an
attorney
and
sound
technicians.
I
wanted
to
make
sure
I
can
retain
control
over
this
hearing,
because
there
is
a
lot
at
stake
if
they
have
found
to
be
in
violation.
So
I
know,
there's
someone
that
has
to
leave.
We
have
submitted,
we
have
put
in
the
chat
the
email
they
can
submit
their
written
testimony.
H
H
H
C
H
E
H
D
Pretty
much
inside
Bijou,
it's
a
different
story.
It
is
a
loud
club
inside
but
out
street
level.
We
don't
hear
it
I've
been
in
the
building
a
couple
times.
For
instance,
we've
been
in
the
gymnasium,
which
is
I
believe
the
third
floor.
We
have
not
been
able
to
hear
anything,
I've
gone
up
to
the
10th
floor
and
I
believe
the
25th
or
22nd
floor,
and
that
was
probably
in
the
last
second
before
that
incident
in
the
decibel
levels
were
the
same
between
the
10th
and
the
22nd.
H
H
E
H
B
F
Right
I
do
have
specific
testimony.
I'm,
not
I,
hope
I
can
remember
all
my
thoughts
because
there
was
a
lot
to
respond
to
as
well
as
to
speak.
To
about
my
experience,
so
some
things
to
note
I
have
been
having
issues
with
the
sound
for
the
duration
of
my
tendency.
There
was
some
improvement
with
the
last
manager
Jamie.
He
was
very
responsible,
responsive
and
I
had
his
phone
number
and
when
the
sound
was
an
issue
he
would
work
to
keep
it
in
line
now.
F
I
often
still
did
have
to
proactively
reach
out
to
him.
By
the
way.
This
is
not
the
normal
level
of
non-sound
dampening
I
broke
the
hinge
on
my
window
like
a
week
ago,
so
I
keep
Transit
all
the
way
so
I
have
to
I
have
to
get
that
fixed.
So
my
window's
open
right
now,
but
that
is
not
typical
engine
to
pass
anyways.
So
since
Jamie
left
it's
the
problem
has
gotten
much
worse.
F
I've
noticed
instances
where
I
have
reached
out
to
mete
and
the
sound,
sometimes
the
sound
improves,
and
that
tends
to
be
on
nights
when
the
licensing
unit
is
working,
but
the
licensing
unit
does
not
work.
Every
night.
I
have
noticed
some
occasions
and
I've
even
mentioned
in
an
email
to
mete
that
after
I
contacted
him,
the
sound
volume
increased
and
I
objectively,
measured
that,
with
a
decibel
meter,
sound
analysis,
app
that
actually
breaks
everything
into
frequencies.
F
F
F
I've
also
been
able
to
notate
the
Baseline
and
send
that
over
I've
been
able
to
hear
the
bass
line,
while
in
my
shower
with
the
water
on
so
the
sound
level
is
very
significant.
It
is
very
disruptive,
it
keeps
me
from
sleeping
it
keeps
me
from
relaxing
I
cannot
enjoy
my
apartment.
I
cannot
listen
to
music,
even
if
I'm
trying
to
stay
awake
or
watch
it
a.
F
F
F
Now,
if
we
go
back
and
look
at
the
records,
I'd
be
curious
to
see
if
they
received
9-1-1
calls
about
the
noise
on
the
nights
that
they're
speaking
to
and
saying
this
is
what's
happening
with
the
sound
I.
Remember
when
meteor
said
we
had
someone
yesterday
and
the
sound
is
fine
I,
don't
think
I
had
called
BPD
that
night
I
think
it
had
been
quiet.
So
it's
it.
A
more
accurate
representation
would
be
an
unannounced
sound
reading
by
an
independent,
evaluator.
F
Another
thing
to
point
out:
I
heard
that
the
sound
readings
if
they
were
taken
in
702
that
apartment
does
not
have
Windows
that
face
Bijou
in
this
L
shape.
That
BG
has
previously
referred
to
as
like
an
echo
chamber
it
so
it
they
wouldn't
be
affected
people
in
702.
It's
going
to
mostly
be
the
people
in
the
o5
units.
I've
heard
it
the
worse
I'm.
In
no
five
O7
there's
been
a
lot
of
complaints.
F
F
People
who
live
here-
and
there
is
the
decibel
limit
under
after
11
pm-
that's
in
effect
for
a
reason
and
and
I
do
also
want
to
make
a
point.
I
know:
there's
been
a
request
for
sound
readings
to
be
taken
with
my
windows
closed,
but
if
it
was
49
decibels
of
repeating
base
and
that
40
Hertz
and
that's
under
the
sound
limit
with
my
windows
closed,
it
would
be
impossible
to
relax
or
sleep,
especially
sleep
I
might
be
able
to
relax,
but
not
sleep.
A
F
F
It's
not
half
of
what
it
it
seven
is
like.
Seven
is
exponentially
worse
than
a
five.
So
it's
just
similar
that,
where
you
know
some
people
might
say
we're
talking
about
five
ten
decibels,
it's
actually
510
testables
is
you
know
more
than
double
when
we're
talking
about
50
decibels,
one
other.
You
know,
I
just
want
to
look
at
briefly.
F
And
just
a
note,
too,
that
the
base
is
felt
more
than
heard
it
can
sometimes
be
heard,
but
it
can
also
be
felt
so
earplugs
do
nothing
against
the
base.
So
I
don't
really
have
further
mitigation
methods
that
I
can
take
and
then
lastly,
I
would
have
liked
to
invited
more
residents
to
attend
to
get
a
more
full
of
representation
of
what's
happening
in
the
building.
But
the
current
building
management
has
not
been
willing
to
share
information
about
hearings
or
even
send
out.
You
know
a
list
with
email.
My
name
and
I
have
I.
F
Have
a
written
record
of
that
I
have
my
own
thoughts
as
to
why
that
might
be,
but
that's
not
happening,
so
it's
really
impeding
the
ability
to
get
information
out
to
residents
last
night.
Finally,
at
one
in
the
morning,
I
went
and
I
put
some
flyers
on
doors
and
in
that
short
amount
of
time,
I
did
get
a
couple
emails
and
let
me
just
read
those
these
are
from
people.
I
have
not
spoken
to
before.
H
B
F
F
It's
not
possible
for
the
licensing
unit
to
come
every
night
that
there's
an
issue
take
light,
write
up
a
violation.
Go
next
door,
give
the
club
a
violation
yeah.
It
was
great
that
they
turned
it
down
once
they
got
the
violation,
but
that's
not
reasonable.
There's
two
officers
for
the
entire
city
and
they
only
work.
F
Two-Thirds,
there's
been
so
many
times,
I've
called
Sergeant
Gallagher
I
mean
there
was
a
recent
Sunday
I
think
I
said:
Hey,
listen
like
we
have
this
hearing
coming
up.
Can
you
come
back
so
we
can
get
some
more
data
and
he
said
you
know:
I'm
swamped
I
have
to
be
at
these
other
places
and
then
this
past
Sunday
it
was
really
loud.
It
was
quieter
during
the
weekend
when
they
were
working
and
then
Sunday
when
they
weren't
working.
It
was
louder.
H
F
E
H
It
yes
again
and
attorney
Miller.
Could
you
send
to
me
a
list
of
the
chronological
list
of
the
sound
proving
measures
your
client
has
put
into
place
in
the
last
several
years?
I
just
want
to
make
it
clear
that
this
is
not
unique
to
Bijou
or
not
unique
to
this
neighborhood,
and
we
have
people
living
in
neighborhoods
throughout
the
city
that,
as
development
comes
along
sound
changes
about
stuff
buildings.
We
deal
with
this
in
the
Fenway
with
Fenway
concerts.
H
We
deal
this
deal
with
this
in
South
Boston
in
the
seaport,
with
the
venues
out
there
too.
So
the
reason
why
I
am
trying
to
gather
this
information
Lauren
is
that
it
that
we
have
Progressive
discipline.
It's
not
like.
We
shut
someplace
down
because
people
are
upset
about.
They
couldn't
sleep.
A
couple
of
times
like
we
are
also
trying
to
balance
the
interests
of
our
businesses
in
the
city
and
it
changes
buildings,
pre-exist
other
buildings.
H
People
move
in
during
a
pandemic
above
a
bar
I'm,
not
saying
that's
what
happened
here,
but
this
is
a
real
scenario.
That's
happened.
We
deal
with
this
every
day
we
deal
with.
You
know
estate
license
premises,
investing
tons
of
money
to
help
with
dampening
windows
and
in
other
parts
of
the
city,
so
I'm
trying
to
gather
that
information,
and
if
you
would
like
to
submit
your
neighbors
experiences
in
writing.
That
would
be
helpful.
H
D
F
I
did
not
hear
probably
about
45
seconds
or
a
minute.
What
happened?
It's
possible
that
I
received
mate's
number
long
in
the
past.
I
do
not
recall
receiving
it
after
the
last
hearing
which
you
had
requested
and
you
requested
it
be
sent
out
to
Residents
I'm,
not
aware
of
any
residents
who
were
provided
with
contact
information
and.
F
Okay
and
just
one
other
note,
a
resolution
to
the
problem
that
has
been
proposed
is
that
mate
I've
heard
both
firsthand
and
third
hand.
You
know:
have
you
thought
about
moving
moving
is
a
huge
burden
and
not
something
I'm
in
a
place
to
do
right
now
and
I.
Don't
think,
that's
a
reasonable
request
for
an
establishment
to
tell
neighbors
to
move.
Do.
B
B
B
I
So
I
basically
can
collaborate.
What
Lauren
just
said:
I
mean,
but
I
mean
everybody
has
like
the
individual
differences.
So
it
doesn't
impact
me
as
much
as
Lawrence,
because
I
mean
everybody
has
like
a
different
health
condition,
but
it
does
like
I
mean
it's
loud
and
it
occasionally
impacts
like
my
sleeping
schedule
and
yeah
pretty
much
that's
it.
B
B
I
I
F
We
we
could
I
I,
can
look
at
my
records
and
find
it,
but
I
just
want
to
note
that
on
that
evening,
Sergeant
Gallagher
did
let
Bijou
know
that
he
was
coming
before
he
arrived,
and
so
we
all
noticed
the
three
residents
in
the
three
Apartments
we
went
to
that
it
was
quieter
than
typical,
and
so
it
seems
to
be
because
there
was
a
heads
up.
Maybe
the
volume
was
turned
down,
so
normally
it
is
louder
than
was
experienced
that
night
I
think
for
to
get
really
accurate
representations.