After extensive neighbor debate, Select Board grants Tea Room a 24‑seat common victualler license and tasks staff to resolve zoning and parking questions

The Select Board approved a common victualler license for the Tea Room at 196 Crystal Springs Avenue after lengthy public comment and a divided board discussion over whether the operation’s size and outdoor seating represent an expansion of an older special permit.

Applicant Kirk Fitzgerald (speaker 26) and property operator Mike Pacella (speaker 29) described the business as a long‑running neighborhood concession that historically offered indoor seating and outdoor take‑away dining; the application and submitted floor plan, however, showed 24 seats inside and 24 outside. Neighbors said the combination would create up to 48 seats and flagged three recurring concerns: on‑site parking capacity, placement and ownership of trash receptacles, and noise impacts late into summer evenings.

Pam Kirk (speaker 28), an abutter, told the board she opposed outdoor seating and said the nearest property lines are only about 20 feet from customer seating, raising concerns about noise and trash. Other residents, including Mike Discotti and additional neighbors, spoke in support of restoring the neighborhood business and noted longstanding community value.

Town staff identified potential zoning conflicts: the 1992 special permit for the property limited expansion of use and the site’s zoning district does not typically allow restaurants. The community development director said staff would review zoning and parking compliance and the building commissioner has previously reviewed a floor plan. Town counsel advised the board that licensing and zoning enforcement follow separate tracks: the board may issue a common victualler license while staff pursues any special‑permit or zoning review and enforcement separately.

After back‑and‑forth about seating and hours the board adopted a motion to approve a common victualler license for 24 seats total (indoor and outdoor counted together) with a maximum closing hour reflected in the approved motion as 10:00 p.m.; the board directed town staff (building, planning and health departments) to review the older special permit, parking and trash arrangements and to enforce applicable rules if the operation is found to be out of compliance. The motion carried with recorded yea and nay votes as reflected in the audio; one board member declined to vote in favor at the time.

Owners said they intend to begin operations as soon as licensing and health inspections are complete and asked the board to allow a Memorial Day opening; staff noted approvals and inspections may delay opening if unresolved zoning or safety issues are found.