CAMDEN — Responding to neighbor complaints about persistent late-night raucous noise emanating from the open deck of Cuzzy's bar and restaurant on Bay View Street, the Camden Select Board Tuesday night conditionally approved renewal of the tavern's Lounge Liquor License and Special Amusement Permit.

Cuzzy's, at 21 Bay View St., is owned and operated by Christopher Cousens. The bar and restaurant was one of five town businesses seeking annual renewal of either liquor or special amusement permits, or both, at the board's regular meeting July 22.

Ahead of public comment about the proposed renewal, Cousens addressed the board and said he too was concerned about issues relating to noise, which had again been brought to his attention by Camden Police Chief Randy Gagne Sunday morning. That citizen complaint was about loud noise on the Cuzzy's deck after 1:30 a.m. July 20.

"It being summer, and people being around more, I wanted to make sure Chris was aware of it so he could address it," said Gagne Wednesday.

That complaint to police early Sunday morning was one of six others that have been lodged against the establishment since last year's appearance before the town for a liquor license renewal, according to Gagne. Police have also received one complaint of disorderly conduct and another for an intoxicated individual, both of those called in by Cuzzy's staff. Last year, Gagne said just three nuisance/noise complaints were filed against the bar.

"I have had various ups and downs and in the last week, learned we had some growing problems," said Cousens Tuesday night. "Since talking to Randy Sunday, I have met with all my staff, reiterated the ground rules and reviewed the issues related to people congregating on the back deck. I have met with my new door people and discussed the need to keep things mellow and the noise levels down."

Cousens said this week he also printed and posted signs on the deck for patrons to see, reminding them to keep the noise down.

"I have also designated one person to be posted on the deck only to monitor it," said Cousens. "That person will be there from 10:30 p.m. until we close, at 1 a.m."

Select Board member John French told Cousens that some of the issues, particularly this past Sunday morning's, pertained to people congregating on the back deck after hours, and asked what was being done to curtail that activity.

"Yes, I have addressed that with staff as well. I have told them that at 1:15 a.m. we are closed, so people have gotta go, no hanging around. And at 1:30 or 1:45 a.m. if people are still there, that's an issue and I am going to take steps to make sure it doesn't happen."

When French asked about the possibility of closing the deck earlier, and keeping patrons inside with the doors closed, Cousens said the issue is with people wanting to go outside to smoke a cigarette.

"If we don't let them smoke on the deck, they will smoke on Bay View Street and I'm not sure that's any better," said Cousens.

Select Board member Leonard Lookner inquired if smoking on the sidewalk downtown was a violation of the town's "No Smoking" policy on town property, and was told it was not.

"For smoking purposes, no," said Camden Town Manager Patricia Finnigan. "Smoking is not banned town wide yet, just on town property."

When Cousens offered to provide his personal cell phone number to neighbors, to call at any time of night when the music was "too loud," he was told by French that is shouldn't have to fall on the neighbors to monitor his business for him.

One of those neighbors, Joan Moulton, who lives in the upper floor apartment of the St. Thomas Episcopal Church rectory at 33 Chestnut St., told the board she has resided there for six years and has been dealing with noise from Cuzzy's since she moved in.

Moulton cited Camden's noise ordinance, which states that a violation of the Prohibited Conduct and Acts ordinance includes "(Section 2-2.1) Unreasonable, Loud and Raucous Noise: Yelling, shouting, hooting, whistling, singing or in the production of any other noise, in loud and raucous manner, between the house of 11 p.m. and 7 a.m. on the following morning within the area set forth in Section 4.0, so as to unreasonably annoy or disturb the quiet, comfort or repose of any persons located more than 5-feet from the source of that noise shall be prohibited."

The designated area of town covered by the noise ordinance includes Atlantic Avenue, Bay View Street (from Main to Frye streets), Chestnut Street (from Elm to Frye streets), Commercial Street (behind the businesses on and alongside the Public Landing), Elm Street (from Main to School streets), Free Street, Main Street (from Elm to Mountain streets), Mechanic Street (from Main to Knowlton streets), Tannery Lane as well as all public sidewalks, ways, walkways and parks, and town-owned property.

"I am sorry to have to speak to the police, and to come here to speak tonight, but I would have thought over the years this issue would have been improved. If the first and subsequent complaints had been addressed, I would not have to be here," said Moulton. "It's so loud and excessive, and sometimes the noise persists until 2:30 or 3 in the morning."

Moulton said she also had safety concerns about intoxicated patrons hurriedly exiting the back deck, getting into cars parked on Chestnut Street and hitting the roads.

"It's clear to me that there is intoxication going on, and the police are quick to respond when there is a call after hours about noise,' said Moulton. "I can listen to the rumble of the cruisers arriving and when they do, there is dead silence, then a massive and quick exodus out the back, into parked cars and then driving away. This is a real concern to me for both those drivers and those they encounter on the road."

Camden resident Parker Laite Sr. also spoke Tuesday night, saying that it was clear to him that Cousens "has not been able to control the establishment."

"Others have been able to control theirs and the smoking, and I think the deck should be closed. The Smokestack has also had issues like this and it seems issues like this can't be controlled by the town and maybe we should just shut them down," said Laite. "Maybe we should petition to be a dry town again and raise that question each year at town meeting, like we used to."

Camden resident Morgan Laidlaw told the board that the town has been down this road before with Cuzzy's and even though Cousens has taken steps to mitigate the problems, it's not working. He said it's a serious issue that needs to be dealt with seriously if some in town are proposing go so far as to consider making it dry.

Instead of shutting down the town to alcohol, French said that because Cousens has been warned many times about the back deck, that area of the bar needs to be shut down, even if only for the final hours of operation each night.

"I think this is where it's headed," said French.

Cousens responded and said, "This season, I have gone long periods with no issues since last summer. In all fairness, I haven't been able to get staff under control yet, to address these things."

He said that he intended to designate a staffer to manage the deck nightly from 10:30 p.m. to 1:30 a.m. But it was also noted by others that while the noise level overall might be manageable, it was nearly impossible to manage and contain excited outbursts that happen repeatedly with the arrival and exit of new patrons and friends of the group out there. Not to mention excited outburst during conversations that wax and wane.

"Chris, you yourself said the group can get loud just saying hello to someone," said French. Cousens concurred, and acknowledged it was a hard thing to stop from happening.

Select Board member Don White proposed that instead of limiting access to the deck to patrons, or shutting it early, that conditional approval of the license be granted and then the situation reviewed in another three months.

"We do have the 11 p.m. rule, however it appears that Cuzzy has gotten a wake-up call again, and maybe we should give conditional approve for three months. That keeps everyone on the mark, and it seems it would be appreciated by all," said White.

But French said there should be an expectation for residents to not have to listen to noise such as that emanating from an outside business deck, and late at night, especially when the town's own ordinance prohibits it. When French told Cousens he should close the door to the deck all together, Cousens countered that it couldn't be closed as it was a required second exit.

"Then you can't control that deck," said French. "So I'm in favor of a motion to close the deck early."

Moulton, the Chestnut Street resident, then got up again and said that despite Cousens' testimony that he had spoken with staff, reiterated rules, stressed the need to abide by noise ordinances and keep the place mellow, she heard bongo drums being played from the back of Cuzzy's late Monday night.

"It should not have to be up to me to figure this out, if the drums are a violation or if they were coming from the deck, but that's where it was coming from. I don't want to have to call the police every night but this is clearly not within his [Cousens] control. I'm not the problem," said Moulton. "There is a clear ordinance of expectation and I wish the town would address that in a more aggressive manner. I will take it as a mandate from the board to call every night for the next three months if I have to."

When asked by French if closing the deck at 11:30 p.m. was too late, Moulton said yes, and reiterated that the town's ordinance requires quiet, or a lack of persistent noise, between 11 p.m. and 7 a.m.

"They are clearly not complying and we have plenty of other lovely establishments, with decks, that comply. I live closer to Francine's with a deck and I hear nothing from there ever," said Moulton.

French then suggested the board take until Aug. 12, at its next meeting, to come up with a solution, but learned that was not possible due to the bar's license expiring Aug. 6. Lookner then proposed the three-month temporary license, with the requirement that Cousens work with Gagne and neighbors to come to agreeable terms for the year.

"I'm not interested in three months, due to the deck being outdoors. And I'm serious about the deck, and I want the neighbors to call and complain if it gets too loud, or goes on after hours," said French. "I am not in favor of a three-month deal, that's too long and too close to cold weather when the problem will go away naturally."

Lookner then proposed renewing the license, with the condition that the deck closes nightly at 11 p.m. for the next three months, "until Cuzzy comes up with a better plan." The board also agreed to check in with Cousens and the neighbors, to see how it's working.

The motion was approved 4 to 1, with Select Board chairman Martin Cates opposed.

Editorial Director Holly S. Edwards can be reached at hollyedwards@penbaypilot.com or 706-6655.