HomeMy WebLinkAbout2008 Aug 29, Sep 25 - Emails from B. Moran, R. Lawton, P. Johnson-Staub , Page 1 of 3
Murphy, Bruce
From: Johnson-Staub, Peter
Sent: Friday, September 05, 2008 12:29 PM
To: Murphy, Bruce
Cc: Armentrout, Jim
Subject: FW: seating Bass River Clubhouse
Bruce,
We agreed today that you will provide us with a written interpretation of the seating restrictions for the Bass River clubhouse
restaurant and patio pursuant to septic concems. My understanding based on our meeting today is that there is no specific limit on
the number of seats for an outdoor'take ouY area and that a hard washable surtace is not required for an outdoor'take out' area.
That is different from what i understood you to say last Friday as noted in my message below. Regardless of what I may have
misunderstood last week, I would like to be sure that the Town does not need to change its answer in the future assuming the
circumstances do not change. I would also like for you to cite in your written interpretation the citations of the applicable laws and
regulations since it did not come up at our meeting. Given that these restrictfons contradict what I wrote to Mr. Moran last Friday, I
would like to provide a written update by Monday, September 8tn
The plan as I now understand it is to expand the concrete patio within the parameters of Conservation Commission approval such
that the concrete patio will comprise 1,500 to 1,800 sq. ft. total. A fence will be erected along the border of the patio to prevent
patrons from walking or sitting beyond the concrete area. As mentioned at our meeting, Jim Armentrout does not wish to have
tables or chairs outdoors without a hard surface or landscaping that will not become worn and unsight�y due to foot traffic. Mr.
Moran appears to be amenable to limit seating within the concrete patio to be built.
Jim and Bruce: Given that it may take a month to complete the patio work, what are the restrictions to Mr. Moran's use of the patio
in the interim? Per Bruce, he could put his tables and chairs back in the grass area that his been defined by the rope border.
However, it might be unsightly and potentially slippery if there is heavy traffic on the grass. Should we allow the 6 adirondack
chairs to be piaced in that area for consumption of food and beverage on a 'take ouY basis?
Peter
Peter K. Johnson-Staub
Assistant Town Administrator
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664�4492
V: (508) 398-2231 x 270
F: (508) 398-2365
From: Johnson-Staub, Peter
Sent: Friday, August 29, 2008 5:10 PM
To: Bill Moran (fedresource@comcast.net); bmoran@prscapecod.com
Cc: Armentrout, Jim; Murphy, Bruce; Lawton, Robert; Hill, Linda; Brandolini, Jim; Hewins, Ron
Subject: FW: seating
Mr. Moran:
I met with Jim Armentrout and Health Director Bruce Murphy this afternoon to discuss present capacity limitations for the Bass
River food and beverage concession as well as future plans for the facility. We also conferred briefly with Town Administrator
Robert Lawton. At the conclusion of the meeting, Mr. Armentrout went to see you with the intent to move the rope boundary for the
outdoor'take out area' (expanding it to the area for which the Golf employees previously installed a stockade fence) and removing
tables and chairs from the area that does not have a hard, washable surface. Mr. Armentrout reports that you became
uncooperative when he indicated that seating would not be permitted beyond the concrete patio and that you refused to speak
with him about it in a calm and professional manner. You then called to speak to the Town Administrator and he referred you to
me.
9/11/2008
, Page 2 of 3
Realizing that this matter is time sensitive, I can offer the following information today:
• The indoor seating capacity for the Bass River Grille di�ing area is 62 seats without entertainment and 46 with
entertainment pursuant to the Entertainment License approved by the Board of Health and Building Offce. This capacity
is greater than what you requested under your liquor license but given that the higher amount complies with Health and
Building regulations you may presently have 62 seats without entertainment and 46 seats with entertainme�t. Upon
submission to the Building and Health offices of a new seating plan, it is possible that this limit on indoor seating might be
raised.
• The liquor license as amended by the Board of Selectmen vote of 8/26/2005 does not place a restriction on seating. You
should have received a hand delivered copy of the amended license earlier this week but I will fax a copy to you just to be
sure that you have it.
• The present limits on outdoor seating are twofold: 1) Based on the Health Director's understanding of the historic use of
the clubhouse food and beverage concession, the number of seats —indoors and outdoors combined — may not exceed
100. Given that your present seating plan shows 62 seats indoors, you may have up to 38 seats outdoors. The Health
Director will further research the historic use of the property based on the information you provided below which may
cause this number to be reduced by 12. 2) All outdoor seating that is to be used for consumption of food and beverages
must be on a hard, washable surtace.
• The Health Director has indicated that 4 chairs, such as the white Adirondack chairs, can be kept on the grassy area
within a defined boundary that are intended to be used for sitting or smoking but not for consumption of food a�d
beverage.
• I cannot site the specific regulations that apply today but I will ask the Health Director and Building Commissioner to
forward those to your attention next week.
Respectfully,
Peter K. Johnson-Staub
Assistant Town Administrator
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664-4492
V: (508) 398-2231 x 270
F: (508) 398-2365
From: Lawton, Robert
Sent: Friday, August 29, 2008 1:47 PM
To: Johnson-Staub, Peter
Subject: FW: seating
Peter: I assume that you will answer this after your meeting with Jim and Bruce. Please give a copy to Linda H. for her record.
Thanks, Bob
Bob
From: Bill Moran [mailto:bmoran@prscapecod.com]
Sent: Friday, August 29, 2008 12:52 PM
To: Armentrout, Jim; Brandolini, ]im; Hill, Linda; Hewins, Ron; Lawton, Robert; Murphy, Bruce
Subject: seating
It is my understanding from Bruce Murphy that the#24 is historic and the calculation is 4 picnic tables X 6 seats per table. For the
record there is were only 2 picnic tables, each with 6 seats. Utilizing Mr. Murphy's calculations would leave us with 12 seats.
It is my understanding from Jim Arrnentrout that the patio azea that was defined prior to my public heazing(regazding the transfer
9/ll/2008
, Page 3 of 3
of the liquor license) is going to fenced-in by the end of the day.
It is my understanding that the occupancy level inside states 73.
It is my understanding that the liquor license reads dining service for 45.
It is my understanding that the liquor license does not state the number of occupants on the patio.
It is my understanding that the liquor license was "administratively"conected at the last selechnen's meeting. However, I have no
conespondence regazding what was corrected and what it was changed to.
This is what I think I understa�d. Would you please correct,clarify and/or confirm. Time is of the essence!
Seats
Inside Seating Allowed # Explanation as to regulating authority and/or where the number
w/Enter[ainment is derived and/or written
Inside Seating wo/Entertainment # Explanation as to regulating authority and/or where the number
is derived and/or written
Patio Seating # Explanation as to regulating authority and/or where the number
is derived and/or written
Would also like a definition of"cafe seating".
Thank you for your immediate attention as this is directly affecting my business, business plan and bottomline.
9/i U2008