Selectmen Continue Public Hearing on Proposed Ground Round Restaurant at Former Harp & Bard Site on Route 1-October 26, 1977

Legal Complexities and License Status Delay Decision on Ground Round Proposal

The Board of Selectmen conducted an intensive, 90-minute public hearing last night regarding the liquor and common victualer license applications for a proposed Ground Round restaurant—a subsidiary of the Howard Johnson Co.—to be opened in the closed Harp & Bard building on Route 1. However, after wading through complex legal arguments presented by four separate attorneys, the board made no immediate decision, and the hearing was continued to next Tuesday.

Represented by attorney David C. Ahearn, the applicant group included Walter R. McAree of Nichols Street, designated as the proposed manager of the new establishment. Plans for the restaurant call for a massive seating capacity of 585 patrons. However, town officials and legal counsel highlighted several hurdles surrounding the property’s title and existing permits.

Competing Claims and Mortgagee Control

A primary complication centers on the active status of the Harp & Bard’s current liquor license. Although the restaurant went out of business several months prior, its liquor license remains legally valid until December 31 and has neither been formally revoked nor surrendered. Town Counsel Justin C. Barton cautioned selectmen against issuing a new license immediately while the existing license remains active, noting uncertainties regarding Land Court approval of the property’s foreclosure sale.

Attorney Peter W. Coogan, representing JAE Corporation—holder of a first mortgage totaling approximately $393,000—testified that JAE has been in sole control and possession of the property since September 1. Coogan explained that JAE is the high bidder from the June 16 foreclosure sale and holds a purchase and sale agreement with Margaret Mitchell of Springfield, an investor who plans to lease the premises to The Ground Round contingent upon securing the liquor license.

The arrangement was vigorously challenged by Norwood businessman Thomas Carducci, who identified himself as another bidder at the June 16 foreclosure auction and holds $20,000 in deposits tied to the proceedings. Carducci argued that the purchase and sale agreement with Mitchell had already been extended multiple times without final payment being rendered, which he deemed unfair to other prospective buyers. Attorney Frank Raftery, representing Mitchell, countered that the agreement remains fully extended and valid, assuring selectmen that all outstanding municipal taxes and debts owed by the previous owners would be satisfied regardless of the licensing mechanism used.

Municipal Debts and Licensing Strategy

Acting Board Chairman Joseph W. Wall raised fiscal concerns regarding the town’s approach to the liquor license. Wall advocated for the town to reclaim the existing Harp & Bard license rather than issuing a brand-new one, arguing that a license transfer provides a much stronger legal mechanism to recover outstanding municipal debts—notably $13,391 owed to the municipal light department.

To resolve these conflicting claims and clarify the intent of the original license holders, selectmen voted to invite the stockholders of Harp & Bard of Norwood Inc. to participate directly in next week’s continued hearing before taking formal action.

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger