Pembroke Select Board Revokes Outdoor Entertainment License for Somewhere Else Tavern After Noise Complaints

PEMBROKE - October 8 - The Pembroke Select Board voted 4-0 October 8 to revoke the outdoor live entertainment license for Somewhere Else Tavern at 65 School Street, ending months of contentious debate between business owners Jason and Lori Cook and neighbors who complained about excessive noise levels from amplified music on their residential property.

The Full Story

The October 8th meeting, which lasted approximately one hour, culminated a summer-long dispute that began when the board originally issued the outdoor entertainment permit on June 4, 2025. The tavern, owned by the Cook family and located in a mixed-use business district, had been hosting live bands on Friday and Saturday evenings under the permit, which was set to expire November 1.

Shane Gokey, who lives at a property approximately 85 feet from the outdoor entertainment area, filed multiple noise complaints beginning in August. Gokey testified that decibel readings inside his home reached 70 to 80 decibels when music was playing, compared to a baseline ambient level of 30 to 40 decibels. “When the music is playing on average inside of my home, it’s 70 to 80 decibels. If you do the math, that means it is 30,000 times louder than my baseline,” Gokey said. “It echoes throughout my home. It is not just little tidbits here and there. It is echoing constantly for three hours the whole time.”

Deputy Chief of Police Wendy LaPierre testified that she visited the property on two occasions, August 30 and September 6, to investigate the complaints. “I believe that it was unreasonable and it exceeded what would be considered normal noise for neighbors,” she stated, noting that on the first visit, which lasted approximately 45 minutes, “it was excessive.” On the second visit, board member Sean Keegan accompanied her and confirmed the noise levels were problematic, though he noted that on at least two occasions after he left the premises, the volume increased.

The board had previously attempted to work with the tavern owners to mitigate the noise issues. The original permit allowed music from 6:30 p.m. to 9:30 p.m., and the board had suggested ending music at 9:00 p.m. Sound-dampening blankets were installed in an attempt to reduce noise transmission, and the stage was moved to address complaints from another resident approximately 700 feet away. That resident was satisfied with the stage relocation, but the modifications did not resolve Gokey’s concerns.

An attorney representing Somewhere Else Tavern argued vigorously against revocation, contending that the board had not properly applied the town’s noise bylaw, which requires noise to be “plainly audible at a distance of 400 feet from the building structure, vehicle, premises, or from which it is produced” to constitute prima facie evidence of a violation. He argued that measurements were taken at 85 feet, not at the required 400-foot distance. “You don’t have 400 feet. That’s a violation of your bylaw. You’re making a decision pursuant to your bylaw. That doesn’t make any sense because you’re saying you’re going to take somebody who’s 85 feet on a recording,” the attorney stated.

The attorney also presented decibel readings allegedly taken by the tavern’s manager, Mike Mahoney, throughout September showing compliance with reasonable noise levels. He emphasized that there had been only one family filing complaints, not multiple neighbors, and suggested that the homeowners “bought into a business district” and should have expected some level of commercial noise. “They bought next to a restaurant. That’s a harsh thing to say. But when you buy next to a restaurant that has music, when you buy next to a gas station, when you buy next to a shopping center and they have traffic that comes in in the morning that’s in a business district, you are buying next to something that is going to have an annoyance,” he argued.

Board member John Brown expressed frustration with the situation and suggested a blanket approach to future outdoor entertainment licenses. “Anyone else, basically after the fact, because I don’t want this because, as we all know, this took up our whole summer. And I’m concerned because we’re going to probably have Treehouse come on in to ask for a live entertainment permit. And the way this is going and the way to upset the folks in this town on either side, if it’s denied, everyone gets denied,” Brown said, indicating he would vote to deny all future outdoor entertainment permits to avoid similar conflicts.

Board member Richard Flynn attempted to find a compromise, suggesting the license could be amended to allow only acoustic music rather than amplified bands, and proposing that the tavern owners might construct sound barriers over the winter months. “Maybe there’s a sound barrier. I’m just thinking maybe outside the box,” Flynn said, asking if an acoustic-only amendment would be acceptable. Jason Cook declined, stating that replacing rock bands with acoustic performers would not be financially viable for the business and that he would prefer to cancel the remaining three scheduled performances.

Cook emphasized the financial and personal toll the controversy has taken on his business. “I was in my restaurant tonight with a cribbage league, and a good friend of mine lives on Furnace Pond who said he could clearly hear the music coming from the tavern last Saturday,” Cook said, pointing out that another establishment, Town Tavern, also plays music and has received complaints but has not faced similar scrutiny. “I don’t want to be here tonight. I don’t. And neither do you guys. I’ve said this more than once at these meetings. I’m done, man,” Cook stated.

The attorney noted that the Cook family has been active community members, donating food and services to various town causes including the Historical Society, police, fire department, and senior citizens. A resident, Kate Bergen, testified in support of the tavern, describing Cook’s charitable work and questioning why one family’s complaints should override the business’s contributions to the community. “I don’t understand why one person’s happiness goes above everybody else in town,” Bergen said. “I just think to go after one business who has literally busted their ass for this town in every way possible to be shut down because someone can’t get their kids to sleep is not fair.”

Gokey responded emotionally to the criticisms, stating he never intended to harm the business or create controversy. “I was not looking for anything. I didn’t want to hurt the business. I have no ill will towards these people, the patrons, the employees, the bands. I have no problem with them. I just don’t want to hear the music in my home at this volume,” Gokey said. “And I would never in a million years, if I knew this is what was going to come of this, and all of this bad blood, I never would have even opened my mouth about it.”

Board Chair Tracy Marino acknowledged the difficulty of the situation and pushed back against accusations that she was biased against the business from the start. “I issued this permit just as much as anybody else. I voted for it. Of course I did. Of course I supported them trying to have outdoor music. I personally didn’t see any issue with it whatsoever. I could never have foreseen that this was going to happen. This is not what I want either. I don’t want to see any business in this town fail,” she stated.

The board also referenced a complaint referred to the Massachusetts Department of Public Health regarding potential impacts on children living at the abutting property. According to the Town Manager, the health agent’s findings indicated that absent the license, the noise would have constituted a public health violation, but the presence of the license negated that determination.

Before the final vote, Board member Keegan made the motion to revoke, stating the license was “unreasonably increasing the level of noise in the area in which it is located, adversely impacting the abutters as no effective measure, strategy, or manner employed to date has addressed the board’s concerns or reduced the impact of the situation.” The motion passed unanimously 4-0.

Why It Matters

The revocation of Somewhere Else Tavern’s outdoor entertainment license has significant implications for both businesses and residents in Pembroke’s mixed-use districts. For the Cook family, it means the immediate end of outdoor live music performances and potential financial losses, including having to pay cancellation fees to booked bands. For the Gokey family, it resolves months of noise disturbances affecting their home life and children. The decision also sets a precedent for how the town will balance commercial activity with residential quality of life in business districts, and raises questions about how future outdoor entertainment license applications will be evaluated. The contentious nature of this case has already prompted at least one board member to suggest denying all future outdoor entertainment permits to avoid similar conflicts, which could have far-reaching effects on Pembroke’s restaurant and hospitality industry.

---

Meeting Minutes

Key Motions & Votes

• Motion: To revoke the outdoor live entertainment license for Somewhere Else Tavern, Incorporated, doing business as Somewhere Else Tavern at 65 School Street for unreasonably increasing the level of noise in the area in which it is located, adversely impacting the abutters as no effective measure, strategy, or manner employed to date has addressed the board’s concerns or reduced the impact of the situation. Outcome: Approved. Vote: 4-0 (Unanimous). (Timestamp: 1:12:35)

• Motion: To adjourn the meeting. Outcome: Approved. Vote: Unanimous. (Timestamp: 1:13:44)

Public Comment

Multiple residents and business supporters spoke during the hearing. Shane Gokey, the primary complainant, testified about decibel readings inside his home reaching 70-80 decibels compared to a 30-40 decibel baseline, and emphasized he had no intent to harm the business. Kate Bergen spoke in support of the tavern, citing the Cook family’s community contributions and questioning why one complaint should override broader community benefits. Another resident questioned the lack of a 400-foot measurement as required by the noise bylaw. Jason Cook, the tavern owner, expressed frustration with the process and its toll on his business, while his attorney argued the board had not properly applied the noise ordinance and that only one family had complained among many nearby residents.

What’s Next

The outdoor entertainment license for Somewhere Else Tavern is immediately revoked. The business had approximately three more scheduled performances before the license was set to expire on November 1, 2025. The tavern owners may potentially reapply for outdoor entertainment licensing when the annual license renewal period occurs, though several board members expressed reluctance about issuing future outdoor entertainment permits. The owners indicated they would need to cancel booked bands and may reconsider whether to pursue outdoor entertainment in the future given the controversy and financial impact.

Full meeting available via Comcast Government Access Channel 9.