CAMDEN — Having successfully completed a 90-day review and restriction of his business operations, Christopher Cousins was given the green light Tuesday night to go back to normal operations, which means the back deck of Cuzzy's Restaurant and Tavern will be open until 1 a.m.

Cuzzy's back deck has been a bone of contention for two neighbors in particular, one on Bay View Street and the other on Chestnut Street. The Camden Select Board heard July 23, at its regular meeting, that seven noise complaints had been called into police since Cousin's appearance last year to renew his liquor license.

One of those calls came early on a Sunday morning, and Camden Police Chief Randy Gagne immediately called Cousins at home to ensure he was aware and would deal with it.

Following a lengthy discussion about the noise, and Cousins "inability to control the back deck" due to some of his customers, the Select Board in July gave him conditional approve of this year's liquor license.

He had proposed to the board that he be allowed to leave the deck open for smokers and patrons until 1 a.m. with the stipulation he would post a staff member on the deck from 10:30 p.m. to 1 a.m. to ensure the noise level stays down. But that wasn't enough for the Select Board, and they voted 4 to 1 that he close the deck nightly at 11 p.m. for 90 days.

Select Board chairman Martin Cates was opposed to the condition, but it passed with a majority vote approving it.

Tuesday night, Gagne told the board that during the 90-day restriction, there had been no violations of the 11 p.m. curfew, no liquor violations and no administrative violations.

"A total of six 'nuisance' company were filed during the 90-day period, and of those, five were filed prior to 11 p.m. and involved noise from the deck area, though not music related," said Gagne. A total of eight "miscellaneous" complaints were also filed, and included three customers who refused to leave after being asked to by staff, a bail check on a patron, a burglary and spot administrative violation checks.

The three customers were removed by police, the suspected bail violation was found to be in compliance and no administrative violations were found, Gagne said.

"During this period, it was also noted that here may be a conflict with the current law regarding smoking in the deck area of the establishment," said Gagne. "I made contact with Maine Liquor Enforcement and was told that smoking was not allowed on the deck area because it's the same footprint as the bar."

Gagne said he notified Cousins of the ruling and he immediately posted the area "No Smoking" as prescribed by the law.

"It is the opinion of the department that Cuzzy's has met the special restrictions where were levied upon the operation during this time period. The department will continue to conduct administrative checks and provide follow up with the owner concerning issues that may arise," said Gagne.

Gagne also told the Select Board that since Cousins was recently past the 90-day restriction period, he allowed Cousins to stay open past 11 p.m. on the deck and the noise was reasonable, with no complaints from neighbors.

"We probably need to determine a reasonable decibel level to know what it a violation and what is not," said Gagne.

Cousins had the same request, because he said at the moment the ordinance is unclear and arbitrary as to what is tolerable and what is not.

Select Board member Leonard Lookner asked Cousins why he needed a deck if there was no smoking allowed, and Cousins said that when the upstairs bar gets crowded, it gets hot and people want to step outside to cool off.

"A lot of people like to sit out there and talk. They get a drink inside and bring it outside where it can be cooler," said Cousins.

Select Board member John French asked what time Cousins wanted to keep the deck open until.

"Last call is at 1 a.m. At 1:15 a.m. we are required by law to take all drinks so we would close at 1:15 a.m. when the drinks are gone," said cousins.

"I think 1 a.m. is too late, midnight maybe, but not 1 a.m.," said French.

Lookner said he thought midnight was a reasonable hour to close the back deck as well.

Select Board chairman Martin Cates said he supported be allowed to close at 1 a.m., like similar establishments in town.

"I think Chris has paid his penance, he has worked well with Pat [town manager Pat Finnigan] and Randy to make changes and now, in a slower season, he ought to be able to open again as normal," said Cates.

Gagne suggested it was time to begin collecting and comparing data on noise levels they have from both Smokestack Grill, which has had its own bout with neighbor complaints, and Cuzzy's. The goal would be to try and come up with a reasonable and tolerable noise level.

"I think the decibel level would give us something to measure," said Cousins. "The ordinance is not clear. It says to 'not unreasonable annoy' neighbors, but what does that mean and how do I comply? I am asking for a better definition and a way to measure so I can comply."

When asked if he could take steps to block the noise, Cousins said he could do a lot of things, but it would fruitless without knowing what level to keep the noise down to.

Select Board member Don White said, "I think Chris and the chief have worked very hard to solve the problem but it won't go away. It we change the ordinance, we aren't going to do it tonight. I think it's fine to let this business go to 1 a.m. again."

Planning Board member John Scholz was in the audience and told the group that the town's Zoning Ordinance includes one sentence noting a noise limit of 60 decibels at the property line for residences next to commercial properties.

A scan of the Zoning Ordinance, as well as other ordinances on the town's website, shows no use of the word "decibel" and nobody on the Select Board could recall ever seeing anything either.

"The Planning Board has on its agenda to review the ordinances and what 60 decibels refers to is something we will be reviewing," said Scholz. "That and creating a lighting ordinance are at the top of the list for us and we hope to have it to you by April for the June ballot."

Nobody from the audience spoke against allowing Cuzzy's to open its back deck up again, and one resident spoke in support.

"I live on Eaton Avenue and I am in support of Chris' deck being part of the service industry. My wife and I go there and have a beer on the deck and it an outlet for us after a long day of work," said Duncan Lockie.

Before White made a motion to allow Cuzzy's to go "back to business as normal with continued monitoring," Cates said that winter was a perfect time to let Cousins get back to business and let the police department collection data for further study.

And Cousins also told the board that most of his business occurs from 10 a.m. to 1 a.m. he said a good portion of the space upstairs is the back deck, and when he closes the deck at 11 p.m., it makes an impact on his business.

"People leave when we close it," said Cousins. "Conservatively, I lose $50 a night, $350 a week, $1,400 a month and that adds up to $5,000 to $10,000 in revenue lost annually due to the deck being closed so please don't make the decision too lightly tonight. The patrons have been very cooperative during this period and they leave the deck when asked and I think they will continue to be cooperative as they know what's at stake now."

The motion to allow Cuzzy's to remain open until 1 a.m. again passed 3 to 2, with Lookner and French opposed.

Other Select Board business:

• Camden Wastewater Treatment Plant Operator Sheldon Mane was appointed interim Wastewater Superintendent Tuesday night. Mane is filling the position vacated by long-time Superintendent Ross Parker, who is retiring effective Oct. 31.

• Brenda Fisher was appointed tax collector/deputy town clerk Tuesday night. She will be taking over for Theresa Butler, who recently took a job with the city of Belfast. Fisher's first day on the job is Nov. 3. Fisher is a familiar face in town, as she has worked for French & Brawn Market Place for 14 years doing bookkeeping and helping with special events.

• The Select Board approved a request from West Bay Rotary to hold its third annual Down the Chute Beer and Wine Tasting Event Friday, Feb. 6, 2015, from 3 to 7 p.m. at the Camden Snow Bowl. The event coincides with and will partially benefit the silver anniversary 25th annual U.S. National Toboggan Championships Feb. 6, 7 and 8, 2015.

Related story:

• Camden officials: Cuzzy's bar must close back deck nightly at 11 p.m.

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