The Pembroke Select Board has unanimously stripped Somewhere Else Tavern of its outdoor live entertainment license following months of friction between the 65 School Street business and its residential neighbors. The decision, reached during a tense public hearing on Wednesday night, effectively ends the venue’s outdoor music season three weeks ahead of its scheduled November expiration. Town Manager Bill Chenard opened the session by outlining the legal framework, noting that town bylaws define noise as a nuisance if it is plainly audible at a distance of 400 feet. Chenard emphasized that the fact that it is audible constitutes prima facie evidence of a violation.

The hearing centered on data and personal testimony regarding the impact of amplified sound on the surrounding neighborhood. Board member R. Keegan revealed he had taken the unusual step of providing a decibel meter to a nearby resident to document the levels. Without the music it was 30; with it, it was 85 to 90, Keegan reported, adding that while the tavern had attempted to mitigate the sound with blankets and shifted hours, the efforts were insufficient. Chair Tracy Marino agreed that the board had reached an impasse, stating, I feel we've exhausted possibilities for compromise between the business and the abutters.

Tavern owner Jason Cook and his legal counsel argued that the business was being unfairly targeted based on a single family's complaints. Counsel for the tavern suggested the board's decision felt predetermined and lacked evidence of a violation specifically at the 400-foot mark. You're taking away a business because of one complaint, counsel argued, noting that the tavern contributes to the town's business district and competes with venues in neighboring towns. Cook expressed deep frustration with the ongoing conflict, telling the board, This has been a thorn in my ass. I'm done, man.

Abutter Shane Goki testified about the daily impact on his family, clarifying that his baseline noise level of 30 decibels was regularly shattered by music reaching 80 decibels inside his home. I would never lie to create this problem, Goki said. I just didn't want to hear the music inside my home. While some residents, including Kate Bergen, spoke in defense of the tavern’s community contributions, board members expressed a need for consistent enforcement. Board member John Brown noted the difficulty of the situation but prioritized the immediate neighborhood impact, stating, I'm sick and tired of it. It took up our whole summer. Board member Flynn inquired about moving performances indoors or switching to acoustic acts, but the tavern management indicated the building’s layout made indoor bands unfeasible.

Motion Made by R. Keegan to revoke the license for the Somewhere Else Tavern at 65 School Street for unreasonably increasing the level of noise in the area in which it is located, adversely impacting the abutters as no effective measure, strategy, or manner employed to date has addressed the board's concerns or reduced the impact of the situation. Motion Passed (4-0)