By Dawn De Busk

Staff Writer

NAPLES — The Town of Naples granted Gary’s Olde Towne Tavern a permit to have outdoors music until 11 p.m. on Fridays and Saturdays through Halloween.

This was granted with the agreement that by the time the Entertainment Permit expires next spring, tavern owner Gary Skellett will work on a plan to sound-proof the stage that is outside in the beer garden.

Skellett volunteered to make the changes — such as extending the fence behind the stage and planting trees — to mitigate the sound levels.

Naples Selectman Caleb Humphrey spent some time discussing methods to decrease the sound levels of the live music so that it doesn’t bother neighbors. He said one way to soundproof is to use weighted vinyl mats, which absorb the sound. When put on the ceiling and the back walls, weighted vinyl mats can reduce the noise by 40 decibels, he said.

“In theory, it gives you a better sound quality. The sound quality will be like going to a theater. The white noise will be gone. The reverb will be gone,” Humphrey said.

Skellett was advised that if he researched other ways to reduce sound levels and planned to use those techniques to e-mail the town with his findings.

On Monday, the Naples Board of Selectmen held some rather rowdy and emotional public hearings on the Entertainment Permit and the Liquor License for Gary’s Olde Town Tavern. Both the liquor license and the entertainment permit have been tabled since the end of August.

Prior to opening the floor to speakers during the public hearing, Chairman Jim Grattelo outlined the rules for speaking. First off, all those in favor of the permit and/or license would speak first and then all those against the permit being granted would speak second. Each group would be given up to an hour.

People were asked not to berate or attack other people. People were asked not to banter back and forth.  

The audience was not exactly civil.

That incivility happened before the meeting even started when it became apparent that there was a large crowd of more than 50 people. Some individuals taunted Grattelo, saying he was trying to kick people out and not let them speak. Someone said that more than 50 people had been allowed in the gym during a recent workshop. Grattelo did not respond but instead worked with staff to get a headcount and to move additional people from the gym into the large meeting room. 

Throughout the evening, people in the audience made noises or talked loudly while certain parties were at the microphone. A few people stormed out of the room.

Toward the end of the evening, people actually shouted out comments. There were multiple interruptions.

The board voted, 4-1, with Grattelo opposing, to approve the Entertainment Permit.

Grattelo said numerous times that he would rule in favor of the neighbors in Bay Village Homes, who are trying to co-exist with live music that went until 11 p.m. five nights a year to potentially 150 nights a year during a normal summer.

Live music is allowed but it ends at 9 p.m., and a Special Amusement Permit gave businesses five dates during the summer when the music could play later.

Ken Folley, one of the neighbors living in the residential area that is behind the establishment, said it seems history repeats itself. He said it was up to the town officials to change this.

“Each year, the city, the neighborhood and the bar do the same thing over and over. And, nothing changes,” Folley said.

Joanne Jordan, whose home is about 400 feet from the establishment, said that the noise doesn’t disturb her peace. She favored Gary’s getting the permit.

“I’ve had absolutely no problem with Gary’s being a neighbor of mine. I hear the music. It is not an interference in my life,” she said. “In the long and short of it, the town needs to survive. We have only a few year-round businesses.”

Another neighbor Sam Merriam talked about the agreement with former owner Michael Bray to keep the outdoors music to every other weekend. For 10 years from 2007 until 2017 this pact worked, Merriam said.

A woman who lives in the neighborhood also spoke of the agreement with Bray, and of her frustration with more nights of live music.

“We were not affected so much by the outdoor music by Bray’s. If it was too loud on a certain night. We knew there would be peace the next weekend,” she said. “For three years now, the same argument on how we feel have been brought up so many times. The new pub owner promised us he would keep it quiet. He was granted by (Naples) Planning Board for more than five times a year.” 

She said that the establishment was having outdoors music and event even more often than what the planning board granted.

“Nobody should have to endure such misery, back-to-back, weekend after weekend. It is not to put down a business, or Gary himself. It is about balance. It is about fairness,” she said.

“We were told the owner was playing under last year’s permit. The permit was from June 15 to until Labor Day. He was playing music on Sept. 12 and Sept 13, and Sept. 25 and Sept. 26,” she said, with exasperation in her voice.  “Would you agree that he played outdoor music without a permit? Today, we are considering issuing him another permit for outdoor music despite non-compliance.”

“After three years of fighting for our rights, it is the board’s responsibility to rule (to our benefit). We are taxpayers. I am asking this board to please, please return to what it was before, return to no more than five nights a year. If you grant a permit, please act with assurance that restrictions will be respected and enforced,” she said.

Owner Gary Skellett focused on the fact that he was abiding by the amended Entertainment Ordinance, which states that sound levels must be no louder 70 decibels.

“I actually commend this board. They took it upon themselves and asked, ‘What can we do to fix that,’ ” Skellett said.

Last year, the board asked the Naples Ordinance Review Committee to come up with a fair and equitable Entertainment Permit. The committee included the 70-decibel rule to make it more objective. Over a period of time, the business-owners who offered live entertainment and the public were asked to provide input. Everyone involved agreed to the ordinance, Skellett said. Then, in June, the ordinance was adopted by residents at town meeting, he said.

“I went out and got a decibel meter and had it calibrated. I ran it every single night. We took readings at the first house, and then we take one reading at the Merriams just to cover our butt. The loudest reading at the Merriams’ (property) was 58,” he said. “We abide by the ordinances that were set up by the townspeople and by the board.”

Again, Skellett promised to do what he could to mitigate the noise levels. Also, he would continue to measure the decibel levels.

Gabe Merriam spoke, saying he would like to see a reduction in the number of nights that live music plays.

“One question is: Can you sleep at night? It is centered on whether we can sleep at night. The question that will need to be answered: Can you as a board sleep at night with the comfort of knowing that you made a just decision for a peaceful neighborhood,” Gabe Merriam said.

He said that things were harmonious until the planning board changed the permit, allowing more than five times a year.

“Mr. Skellett should be awarded the five nights,” he said. “Don’t think of it as taking away something from Gary’s. Instead think of it as giving something to the neighbors.”