Perks Owners Upset With Anonymous Noise Complaints

HARWICH – If it’s summertime, there will be music, and a number of anonymous complaints keeping the police department busy.

The select board, through hearing officer and Assistant Town Manager Meggan Eldredge, held a hearing Sept. 11 on an alleged noise violation against Lucky Labrador/Perks cafe on Thursday for an incident that occurred on June 20.

Police officer Kyleigh Lopes said the police department received an anonymous complaint of noise creating a nuisance believed to be coming from Perks at about 7:30 p.m. When responding, she heard the music in the vicinity of Perks so she parked behind the chamber of commerce building, approximately 200 feet away, and could still hear the music playing, she said. The town’s noise provision sets a limit of 150 feet from the premises.

The town’s legal counsel, Jeffrey Blake, asked if she could hear the words being sung. Lopes responded that she does not remember. 

 Sgt. Tyler Vermette, the supervisor on duty at the time, said the department requires the response of the supervisor when liquor establishment complaints are filed. Vermette also testified that he could hear the music from that distance over the ambient sound of traffic; it was plainly audible, he said. So the officers met with manager Travis Newman, who immediately agreed to shut the music down for the rest of the evening.

 Sarah Powell, an owner of the business, asked Vermette if the department usually gets anonymous complaint calls with regard to liquor establishments.  

Complaints are often anonymous, Vermette responded.

“There are a lot of anonymous complaints,” Powell said. “If I’m going to file a complaint, I’m going to say who I am.” 

“This is a waste of town resources as it has been in the past,” added Taylor Powell, also an owner of Perks. “Anonymous calls — I know who is calling.”

 “Direct abutters, so they shouldn’t be calling,” Sarah Powell said of neighbors within 150 feet.

Taylor Powell said the business has a booking agent in Boston who handles music for 600 establishments who has said he does not have these types of complaints at other establishments. Powell also said he has installed a five-figure sound system so the musicians only have to plug in to play and do not require their own sound system. There are 13 speakers placed low and pointed at the patio. The live music plays from 5 p.m. to 8 p.m. 

“It’s kind of hard to tell somebody who likes to make noise to be quiet,” Taylor Powell said of musicians. “But we’re not out of control. We control it.”

“I can’t control the guitar, but I control the master volume,” said Newman, the manager.

Newman said he moves around and checks the volume of the music and goes out to where the officers park behind the chamber building, and if he can hear the music, he will go back and turn it down. Newman said after he met with the officers the music was shut down and he did not hear the officers say there was a violation. 

Taylor Powell said his business was scheduled for 67 performances over the summer, and there was only one alleged violation forwarded to the select board. That’s 98.5 percent, A-plus, he said. He also said the musician who was playing there will not be invited back again.

In years past, the former police chief gave a warning with the first complaint, but that practice is gone, Taylor Powell said. 

“There have been a lot of calls that are unfounded and it’s been a waste of time and resources,” Taylor Powell said. “I feel like this anonymous thing, it’s kind of ridiculous. It’s harassment on the [police] department and on us. Hopefully it goes away. We’ve tried to make peace with these people.” 

 “I want to put an end to this childish behavior for the last year-and-a-half. It’s taking away from our resources,” Select Board member Peter Piekarski said at the Sept. 8 board meeting of abutter complaints when discussing amplified outdoor music requests at The Port and Ember restaurants.

“It’s frustrating, all these anonymous complaints from our neighbors,” responded Sarah Powell. “We want to continue to do music so we’d like a solution. We’re trying to make a living and provide fun events. People really enjoy the music.”

Eldredge closed the hearing, saying that she will take testimony under advisement and issue a recommendation to the select board.