By Emma Bouthillette 

Staff Writer

Kennebunk Selectmen have scheduled a public hearing to consider an appeal for an entertainment license for Stefano’s Bistro and Sports Bar on York Street Sept. 9. Town Manager Barry Tibbets said the application submitted for a lesser license will limit owner Chris Kennard to comedy acts, karaoke and acoustic performances, such as an open-mic night. Previously allowed amplified bands would remain prohibited. 

The appeal for a lesser license comes after selectmen denied renewal of Kennard’s special amusement permit for Stefano’s May 27. The denial was based on a four-month probation period established following a number of noise complaints against the establishment and selectmen’s request Kennard make efforts in soundproof the building. 

While Kennard said he has considered soundproofing his establishment, he said is concerned about the expense.

“If I knew I could get the license, then maybe, but why do soundproofing if the sound doesn’t exceed the limit,” Kennard said. “I have never once been in violation of the noise ordinance.”

Since then, Kennard had to cancel his regular schedule of musical performances and other entertainment, such as open-mic nights. He also started a petition to show customers want Stefano’s to have live entertainment as part of his appeal process. 

“I’ve been in business here for 13 years. Two years ago we expanded and added the sports bar,” Kennard said. “People want live music and I’m losing a lot of revenue.”

Drake’s Island resident Scot Stinson signed Kennard’s petition in support of the open-mic nights. He said he occasionally played in a band at Stefano’s but more often performed at open-mic nights with his son Ryan, 16, a student at Kennebunk High School.

“I like Chris. He’s good to me and my son when we were performing. I’d tease him about the loud bands he had, but I enjoyed doing the open-mic nights [on Wednesdays]. We never had any complaints on those nights and it was a wonderful place for the kids. They loved it,” Stinson said. 

Kennebunk resident Darlene Bolduc said she frequented Stefano’s to listen to the live entertainment and she signed the petition because she wants live entertainment back. 

“I think his entertainment is appropriate for where he is located,” Bolduc said. “And sometimes you can’t control what people do outside Stefano’s. People walking by can cause a disturbance and it gets blamed on him.”

Stefano’s, located in a combination commercial and residential zone, is limited to a noise level of 60 decibels during the day, and that level is reduced to 50 decibels at night, Tibbets said. 

Since March 2007, 80 complaints have been filed against Stefano’s, 49 of which were regarding the noise from music. According to Kennard, neighbors on Friend Street Sylvia and Victor Cavanaugh filed the majority.

Multiple attempts were made to contact the Cavanaughs, but phone calls were not returned, and other neighbors declined to comment. 

While some residents have filed complaints, Kennard said he has statements from residents of a 4-unit apartment building next door to Stefano’s stating the noise has never been a problem.

Kennard said officers responding to the complaints did not measure the noise level. He said he hopes a lesser license will appeal to the selectmen and his neighbors.

“The only nights we’ve had complaints were on nights with a full band. This [open-mic nights, karaoke, comedy] won’t be near the noise level,” Kennard said. 

Kennebunk Police Department Lt. Nicholas Higgins said the majority of complaints filed against Stefano’s were related to noise from live bands, but said there were also a handful of other concerns, including patron conduct while outside. 

“In regard to whether or not violations were found, when an officer responds to a noise complaint, they analyze the situation under state law of disorderly conduct. An officer will make a broad-based decision if the noise is reasonable or unreasonable considering other factors [time of day and neighborhood proximity],” Higgins said. “If it is deemed unreasonable, state law requires us to warn the owner and if he complies, there is not a violation. But if he fails to comply then it is a violation.” 

The police department has invested in sound measuring equipment and training for officers, but with funds available, the equipment they use is limited to certain situations, Higgins said. He traffic surrounding Stefano’s makes taking an accurate measure of sound “challenging,” and would require more sophisticated equipment.

The Kennebunk Selectmen’s meeting is scheduled for 6 p.m. Tuesday, Sept. 9 on the third floor of town hall.