Selectmen Hear Complaints About Sign, Parking, and Alcohol at American Legion

Selectmen last night heard from neighbors upset about activity at the in North Chelmsford.

During open session, neighbor Anthony Spinazola complained about an illuminated sign on the property.

"Several neighbors feel the placement of the sign is a violation of the sign bylaws and frankly just does not belong in residential neighborhood," he said. "We are against what we believe to be an illegal sign ... While the sign is illuminated you can see it from several hundreds of yards away."

Spinazola said he wished the Legion would have consulted neighbors before putting up the sign. Building Commissioner Mark Dupell approved the sign, he said.

"Mr. Duppell said you don’t have to ask neighbors about this sign. I approached Legion Manager Ed O'Neill and said he would take it down and try to sell it. The sign was turned off and not illuminated for 2 weeks," he said. 

Spinazola said he was told the sign's intensity would turn down as it became later in the day and turn off at 8 p.m.

"But I have seen no difference in intensity," he said.

Selectmen heard his concerned but suggested he file a complaint with the Zoning Board of Appeals, the board with the appropriate jurisdiction over the matter.

Selectmen also decided to table a decision on an alteration of premesis permit for the American Legion after hearing additional concerns and allegations from neighbors.

The permit application was meant to finish off a deck area that was originally meant as a smoking area, but now management would like to use it as part of the bar. The permit doesn't expand the actual footprint of the building but would just allow the Legion to finish off the work it had started under a previous permit from two years ago.

Spinazola spoke during the public hearing and said there are a number of safety issues going on at the American Legion.

Capacity for the building is 99 downstairs and 99 upstairs, but Spinazola questioned whether or not that capacity is being respected. If capacity is under 100 on a given floor, the establishment does not need a sprinkler system, he said.

"Over the past few year,  I have observed large crowds in the fuction hall that have violated the capacity," he said. "It's a tragedy waiting to happen with so many people in a buidling without fire protection." 

Spinazola said he also questions whether or not the building is compliant with the Americans with Disabilities Act, as handicapped parking spaces are lacking and the downstairs bathrooms may not be compliant.

"I don’t know how you can add 720 square feet to a building without adding more exits or entrances, and how can you tell me it wont go over 99 capacity?" Spinazola asked.

Spinazola said there are no clear markings on Willis Drive and people often park on the street when they should not. Parking spaces are faded, he said, and there are no defined loading zones.

"It's a park where you can or where you can fit mentality. The lines in the upper lot are faded, it’s difficult to see the space. Willis Drive is a public roadway not clearly defined by paint or curbing," he said.

Spinazola said the "smoking hut" or bus stop-looking structure is too close to the building. By law a smoking area must be at least 30 feet from a building.

"The bus stop looking thing is an eyesore, it reminds me of a bar room downtown Lowell 30 years ago," he said.

Spinazola also showed selectmen two police reports - one from last week - in which he alleges people were overserved and became sick. He has already contacted the ABCC and filed a complaint through them, Spinazola said.

Spinazola said on one occasion, he saw someone drinking outside on the property.

John Poor, who said he lives across the street from the Legion, agreed that parking is a "free for all" at the hall.

"There are no set patterns, it’s a bar, everyone knows what's going on there...it's not safe," he said.

O'Neill responded to the concerns saying they will line the parking lot, and one of the women in question from an incident last week was served one beer and was only at the bar for about 45 minutes.

"She was served one beer and a bottle of water and she walked out on her own and looked fine in the tapes," he said. "I guess she was on heavy medication and started throwing up. That wasn’t because of one beer."

O'Neill said bartenders also make sure alcohol is not brought outside.

Spinazola said he respects the legion, but it's clear they want to expand.

"We put up with a lot as abutters. I bought my housing knowing it was there. I put up with the parking lot and the people peeling out and the music. I'm here because they want to expand. I've tried to be a good neighbor but my issue is the expanding. I don’t want things to keep going,"

Selectman Jim Lane said he wanted to make it clear the actual building size is not expanding.

Town Manager Paul Cohen said this was the first time he'd ever heard of these allegations made against the American Legion.

"What disturbs me is that I hear statements that this establishment has been over capcity, but not before this evening ... I wonder if it's coincidental but it disturbs me when I hear about people sworn to upload the law in this community and I'm not aware (of the issues)," he said. "I wonder why they haven’t been brought up in the past because these things are serious. This greatly unsettles me and it will be followed up upon."

Cohen said he will check with the town's ADA compliance officer as well as Police Chief James Murphy and the building inspector to investigate the allegations.

Selectmen will vote on the permit at the June 18 meeting.