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Town and Marram Montauk Settle Lawsuit

Thu, 06/03/2021 - 17:16
Outside the Marram Montauk resort last summer
Jane Bimson

East Hampton Town and the Marram Montauk resort, the former Atlantic Terrace motel located on the ocean beach near the hamlet's downtown, have settled a lawsuit brought by the town last year. The case stemmed from use of unapproved bar areas and a snack bar that the town said had been converted to a full-service restaurant without approval.

Last August, a State Supreme Court judge prohibited the resort from serving food or alcoholic beverages to patrons of Il Buco at Mostrador Marram, either on site or on the adjacent ocean beach. The month before, the town had filed charges related to the outdoor bar and cooking area, as well as awnings, including lack of site plan approval or a building permit, and failure to obtain either a certificate of occupancy or a tent permit.

A Suffolk County Health Department inspector found violations that month, among them the addition of an outdoor barbecue grill cooking station in the parking lot, which is prohibited, and indoor and outdoor bars constructed without the required county approval. The inspector also noted that the restaurant was operating without a designated person in charge who holds a food safety/food production certificate.

The State Liquor Authority voted unanimously in December to deny a liquor license application from the resort, ending its temporary liquor license, which had been in effect before the August restraining order.

The resort's use of the land, despite its location in a residential zone at 21 Oceanview Terrace, pre-exists the enactment of the town's zoning code and is therefore legal. Expansion of use is prohibited, however, at such "nonconforming" properties. Bridgeton Holdings bought the resort in 2018, instantly raising fears of yet another noisy nightlife hot spot impacting the neighbors' quality of life.

Under the settlement, outdoor grills are to be removed and not reinstalled, nor may any other grills be installed unless approved by the town planning board. Tables and chairs can remain on a wood deck adjacent to the pool bar on a seasonal basis and when the pool bar is operating. Occupancy for the wood deck is 16 with tables and chairs, or 35 without.

No more than two people can staff the pool bar at one time, and they cannot serve food there. Food can be consumed at the pool bar, provided guests take it there themselves. Food and beverages for the retail snack bar can be prepared only in an approved kitchen area. It is to be sold in disposable containers and bags, and there is to be no table service. The resort cannot designate food runners or other staff to deliver food or beverages to guests or other customers elsewhere on the premises, nor on the beach.

Live music and D.J.s are prohibited unless authorized by a town permit. Sail awnings can only be installed on a seasonal basis and must be removed after the season, defined as May 1 to Oct. 15.

The resort is to submit building permits and certificates of approved electric and plumbing inspection in order to obtain necessary building department and fire marshal authorizations for the existing electrical wiring and plumbing for the outdoor pool bar. The pool bar is not to exceed 140 square feet, as authorized in a 1968 zoning board of appeals determination, and its configuration cannot be changed without planning board approval. The planning board would also have to approve any change in use or additional decking.

The resort is also to submit building permits and certificates of approved electric and plumbing inspection to obtain Building Department and fire marshal authorizations for the wiring and plumbing for existing sinks and plumbing in the indoor communal area in the main building's basement. That area is not to be used as a bar unless and until the resort obtains site plan approval from the planning board.

Correction: The original version of this article incorrectly said that Bridgeton Holdings owns Hero Beach Club in Montauk. Hero Beach Club is owned by Jon Krasner, and not by Bridgeton Holdings.


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