By Wayne E. Rivet and Dawn De Busk

Staff Writers

NAPLES — Since he bought the business over two years ago, Gary Skellet has worked diligently to “do the right things.”

He made improvements to the popular “tavern” — previously Bray’s Brewpub.

He has worked diligently with his staff regarding not overserving alcohol to patrons. The result, he says, has been no fights breaking out for the past two years.

He went through the proper channels to secure permits to bring in live entertainment for patrons to enjoy inside and outside.

Skellett, however, finds himself in a fight to keep his entertainment permit after some noise complaints “reached the ear of one of the selectmen.”

A public hearing to consider revocation by selectmen of Gary’s Olde Towne Tavern’s special amusement permit was scheduled for Wednesday, but the town “indefinitely postponed” the meeting Monday.

Naples Town Manager John Hawley said an effort was made to schedule the hearing before Skellett was to leave for National Guard training.

“We did it in haste. We shortened up the time we do public notice. The advertisement in last week’s Bridgton News would have met reasonable notification. After the announcement was made, some people who wanted to be able to participate were not able to attend. Because of the number of complaints about the short notice of the public hearing, we decided to postpone,” Hawley said. “I was away on vacation last week, so word never got back to the selectboard that I wasn’t going to be here for it. The reason is Aug. 7 doesn’t work is I will be attending the Maine Town and City Manager Annual Conference.”

Skellett was very disappointed that the hearing was postponed because many supporters of Gary’s Olde Towne Tavern planned to attend the meeting, including several from out-of-state.

“We had several people who rearranged their schedules just so they could come to the meeting,” Skellett said. “Yes, I’m disappointed it’s been postponed. I was all set to go.”

Skellett received unanimous selectboard approval in April for a special amusement permit allowing outdoor entertainment until 9 p.m.

Naples also has an outdoor entertainment permit, which allows (if approved) a business to have music beyond 9 p.m. Skellett received approval from the Planning Board in early May allowing five events to extend to midnight.

“I like to stop the entertainment by 11 because it gives us the opportunity to clean up and it’s an hour less for people to drink,” Skellett said. “Out of 8,760 hours in a year, I’m asking for 32 hours to run things to 11 p.m.”

Like many Lake Region area businesses, Skellett says money made during the summer (tourists) months enable him to keep the tavern open during the much slower winter season.

“When I first bought the tavern, I really thought about closing it for three months. But, as I became embedded in the community, I realized people needed a place to go to. So, we’ve stayed open,” he said.

In June, before the Blues Fest, the state fire marshal (accompanied by Naples’ code enforcement officer) inspected Gary’s Olde Towne Tavern and placed capacity at 270 outdoors and 160 inside.

“We’ve never been close to it,” Skellett said. “When the Beer Garden is full, inside is usually empty.”

What triggered a call for permit revocation were complaints about noise.

“I was told that the town has been inundated with complaints about the noise,” Skellet said. “When I asked just how many complaints had been received, they couldn’t tell me.”

Hawley had no firm figure, but noted that the Cumberland County Sheriff’s Department handled the complaints. A review of the CCSO incident log from Jan. 1 to July 15, 2019, there were four noise complaints and two calls regarding disturbances.

• April 20, the deputy noted that the tavern manager “turned down the music for the evening.”

• May 25, the “noise determined to be at an acceptable level.”

• June 21, the “bar closed shortly after the complaint came in, nothing further.”

• June 27, “noise determined to be not unreasonable.”

The two disturbances involved intoxicated females refusing to leave the establishment when asked.

Selectboard Chairman Jim Gratello said the town was approached at a June 24 meeting by four to five neighbors that were upset about the number of nights that music was playing outdoors.

“It is the job of the selectboard to hear complaints of residents,” Gratello told The News Wednesday. As to the reason a public hearing was called, Gratello added, “We wanted to have a meeting. The town manager asked him (Skellett) to meet with him. Gary has refused to sit down. We had no choice but to have a public meeting. No one is picking sides. All this rhetoric is ridiculous.”

Hawley pointed out that Naples does not have a noise ordinance. When asked how the code officer determines whether the level of noise (in the tavern’s case, live entertainment) might be considered a nuisance, Hawley responded, “That is a good question. Because we do not have an ordinance, there is no true way for us to measure the level of noise.”

If a town has no noise ordinance, it can fall back on state regulations.

Some towns list within their land use ordinances a decibel level standard. Skellett decided to check the decibel levels near his establishment during performances and found readings in the range of 39 to 48 at nearby homes.

To put those numbers in perspective, Skellett also measured the noise level of construction work in front of the tavern on Route 302.

“It was 68 to 70 every night now and they’re working to 4:30 a.m.,” Skellett noted. “There’s no complaints about that.”

Gratello said the hearing has nothing to do with the tavern’s liquor license or special amusement permit to play music indoors. It’s about the outdoor noise.

“The (outdoor entertainment) ordinance clearly states the neighborhood has right to enjoy peace and tranquility. They are asking the selectboard to get involved…The selectboard has to deal with it. It is the responsibility of the town to deal with it,” Gratello added.

Gratello also pointed out that Gary’s is playing outdoor movies after 9 p.m. and neighbors can hear the volume of these shows. He noted that no permission was granted for outdoor movies, and the planning board, selectboard or town were notified.

“Gary has a right to run a successful business, but equally, neighbors have the right to be upset because the noise that they endure has more than doubled than when it was owned by Mike (Bray). We cannot ignore it,” Gratello said.

Mike Shea of Naples summed up his friend’s dilemma as, “It’s an agenda. The whole thing stinks.”

Gratello countered, “Everything else going on is a sideshow. People are getting up in a frenzy over misinformation that is being sent out.

This whole rhetoric about me being anti-business, about the town being anti-business is not true. This all stems from the fact that: Number 1, we passed a new sign ordinance. That was passed by an overwhelming majority. The Sign Ordinance calls for no LED signs in the Village District. And for signs in Village District to be shut down at 10 p.m.,” Gratello said. “We have a new sign ordinance — and all of sudden, the town is anti-business. We passed the ordinance asking marinas to pay for milfoil survey — that is anti-business.”

Another Skellett supporter, Patricia Curran Raitto of Naples, penned a letter for this week’s edition calling for residents to issue a “no confidence” vote of selectboard member Jim Gratello, who brought the question of permit revocation to a public hearing, and seek his resignation. Currently, Naples has no charter or recall ordinance enabling residents to remove a municipal official.

To which, Gratello responded, “It comes with the territory. I am the chairman of the Board of Selectmen. It is my responsibility to represent all of the people of Naples. I am not going to be bullied, I am not going to be intimidated, and I have no intention of resigning.” 

Hawley said the selectboard will consider a future public hearing date at their next meeting, this coming Monday, Aug. 12.