HomeMy WebLinkAbout2009 May 20 - Memo from Town Administration, Emails, Formatted PhotosOF
TOWN OF YARMOUTH BOARD
SELF;CTMSN
1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSE"ITS 02664-4492
Telephone (508) 398-2231, Ext. 271, 270 — Fax (508) 398-2365 TOWN
ADMINISTRATOR
Robert C. Lawton, Jr.
INTEROFFICE MEMORANDUM
TO: JIM BRANDOLINI, BRUCE MURPHY, CHIEF R
FROM: ROBERT C. LAWTON JR. .
TOWN ADMINISTRATOR L Is C� C C1 19 D
SUBJECT: OPTIMIST CAFE
DATE: MAY 20, 2009
ATTACHMENT
MAY 2 nq
HEALTH DEPT.
During the hearings for an entertainment license at the Optimist Cafe, Rt. 6A Yarmouth Port Mr.
David Swift, the next door neighbor to the Optimist Cafe presented the attached letter listing a
series of alleged violations. The Board of Selectmen have requested that you review the list and
answer the various issues which have been raised by Mr. Swift.
The Board of Health should answer number 1 and number 7; Building Commissioner should
answer numbers 3, 4, 5 and 6 and the Fire Department and Building Commissioner should both
review number 2. The Board of Selectmen have asked that written explanations should be made
to each of these items and submitted to me so that I might forward to answers to Mr. Swift. If
you have any questions concerning this request please contact me.
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Printed on Recycled Paper
May I6` 2 0
To the Board of Selectmen of Yarmouth, TOWN OFYARMOUTH
No license of any kind should be grafted which tends to MincreasOe9
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the intensity of use and thus the degree of nonconformit TOWCUTMINISTRATOR
att
ready heavily non conforming establishment such as this one. Therefore
I oppose this entertainment license.
Ott f�° This eating & drinking establishment 28 ft. from my home appears
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to violate Town Bylaw and C.M.R. as follows:
I. The noisy smelly ventilation system for the kitchen, directly abut-
ing my yard & house prevents me from opening many of my windows lest
the cooking odors permiate my home and makes it impossible to enjoy
my yard.
I:jr" 2. Fire egress consists of only two single width front doors less than
20 ft., apart, one at the top of a short flight of steps, the other
dificult of access from the interior with a complex ramp system out-
side. The front hall is constructed of combustible material.
3. the lighting outside illuminates my property and falls through my
windows.
4. dining tables dertimined illegal by zoning enforcement, denied
twice in one year by the B. A.. No new rulings allowing them to my
knowledge. gutside on the front patio.
5. Two umbrellas accompanying said tables bearing print advertising
of an alcholic beverage. These are illegal signs.
% 6. The sign violates required setback and nearly overhangs the sid-
ewalk, a sign code violation brushed off when I verbally reported it.
ye-l%i . Trash from the optimist crosses my property line continuously.
The granting of this license will represent further erosion of
Town bylaw allready much eroded in this residential district and is
not in the best intrest of the town. /
/ kid
Best Regards, David H. Swift/�
P.S. See reverse
I must ask to be provided with copies of the minutes of this
hearing as well as those of the beer & wine hearing of some years
ago, probably 2005 in unredacted verbatim form together with copies
of all electronic recordings so that these can be shown to interested
parties.
Again, David M- Swift
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L-�- 11-1-5 41�1 11�`
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I visited the property on May 21, 2009. The dumpster was closed and no trash or papers
were observed around the dumpster area or between the properties. Staff is instructed to
make sure there is a not loose paper outside the dumpster. They have offered to pick
any loose paper up on Mr. Swift property but were informed by Mr. Swift not to go on his
property. I viewed the outside stove filters. Both were clean. I went inside and talked to
the chief, who stated they keep the filters over the stove cleaned on a regular basis.
They looked clean. There are no fry-o-lators within the kitchen.
At time of inspection I did not observe any problems as noted in Mr. Swift letter.
However the restaurant is located next to a residential house along with other houses in
the area, as other restaurants are in town, and there will be food orders at times.
I have been contacted by the owner Mr. White in regards to outside seating and would
be interested in the responses from the other town departments. I will direct Mr. White to
first check with building and zoning regarding the outside seating.
Bruce
6/19/09
From: Hartsgrove, Elizabeth
Sent: Friday, June 12, 2009 11:48 AM
To: Murphy, Bruce; Kelleher, Robert
Cc: Lawton, Robert
Subject: Letter of Complaint from David Swift
Bruce & Bob: Please see the attached letter of complaint that David Swift had
submitted to the Board of Selectmen on May I SP.
Could you please look it over and respond to the items of concerns?
Thanks and have a great weekend!
-Liz
E-lizabeth G. Hartsgrove
Executive Assistant: to the Town Administrator
Town of Yarmouth
1 ,+6 route 28
15outh Yarmouth: MAoz'&4
508-598-2251 ext. 1271
508-398-2565 (fax)
ekartsgrove@garmouth.ma.us
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