Brockton High doesn't want a liquor store next door — Why it's happening anyway

BROCKTON — Brockton's License Commission voted against revoking the liquor license of 2030 Ocean Street, LLC, which plans to open a liquor store next door to Brockton High School.

The company now plans to move forward with opening the store at 750 Belmont St. over the objections of school officials.

The commission at a special meeting on Oct. 11 failed to pass an initial vote to uphold the company's license amid opposition from the school, but the second motion voted on by the commission left 2030 Ocean Street in good standing.

Brockton Public School Superintendent Mike Thomas, who was not present at the hearing, sent a letter to the board on Sept. 9 opposing Ocean Street's application to obtain a liquor license and alleging that the company failed to notify the school district as abutters.

According to Ocean Street's attorney Andrew Upton, the company received a list of abutters and their addresses from the city, which noted the school district's address as City Hall. An abutter's notice was sent to City Hall and not to the high school nor the Brockton School Department on Crescent Street.

“We complied. We did what we were supposed to do," said Daniel Newcomb, who operates 2030 Ocean Street.

Additionally, state law prohibits a liquor store operating within 500 feet of a school or church. This topic was a major source of debate during the hearing.

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Brockton Public Schools attorney Peter Mello said that the high school's athletic field and dugout were within the 500-foot boundary. But Upton said that since the law references a school "building," the dugout does not qualify as school grounds.

Ocean Street attorney Glenn Lawler measured the distance between the proposed store and the physical school building on the campus using Brockton's online Geographic Information System Maps (GIS), the city's satellite-based digital measuring tool. The attorneys said the distance of a straight line between buildings was over 600 feet.

A harmful academic environment

Mello said that regardless of legal specifics, having a liquor store providing "marketing and physical access" to alcohol "given the proximity to the athletics fields, where students hang out," would negatively impact the academic environment.

"Even aside from these procedural issues," he said referring to the abutters notice and debated distance, "this location is an inappropriate location."

According to Thomas' letter, both he and Brockton High Principal Cindy Burns have received complaints from parents regarding the store. One neighboring resident and one Brockton High parent spoke at the meeting in opposition to the store.

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But Upton said that prior to submitting the application, Ocean Street's attorneys contacted Brockton city councilors Winthrop Farwell and Ward 3's Mark D'Agostino. The lawyers asked D'Agostino to speak with Thomas about the company's alcohol license application, which allegedly Thomas said did not oppose, according to Upton.

"We followed the letter of the law and did it correctly," Upton said.

D'Agostino said that he, "had been a councilor for less than a month at the time and didn’t realize this type of license had restrictions as it relates to the proximity to a school."

A 2-2 decision, not upheld or revoked

2030 Ocean Street's alcohol license application was previously accepted by the license commission in 3-2 vote. The company had already attended a Zoning Board of Appeals meeting and two liquor licensing hearings. The recent special public meeting following Thomas' letter sought to overturn the original approval.

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Ultimately, commission Chairperson Jeff Chervel said that since there was no confirmed measurement of the distance between the store and school, the arguments on both sides were vague.

"The distance was never given to us in a survey-type matter. It was given to us verbally," Chervel said.

The commission first voted whether or not to uphold the liquor company's license in light of the school district's complaint. Board members John McGarry and Scott Uhlman voted yes while Robert Simpson and Chervel voted no. The vote failed as three votes were needed to pass.

Then, the committee voted whether or not to revoke the company's license, to which McGarry and Uhlman voted no and Simpson and Chervel voted yes, meaning the second vote failed, as well.

In a seemingly strange results, the company's license was not upheld or revoked, and 2030 Ocean Street remains in good standing. The company now plans to move forward with opening the store.

"We want to be the best possible neighbors that the school could have," Newcomb said.

Enterprise staff reporter Chris Butler can be reached by email at cbutler@enterprisenews.com. You can follow him on Twitter at @Chr1sButler. Support local journalism by purchasing a digital or print subscription to The Enterprise today.

This article originally appeared on The Enterprise: Brockton High School: 750 Belmont St. liquor store license not revoked