A State Supreme Court judge signed an order on Monday prohibiting the Marram Montauk resort, the former Atlantic Terrace, from serving food or alcoholic beverages to patrons of the restaurant it has been operating, Il Buco at Mostrador Marram, on site or on the adjacent ocean beach.
Judge Elizabeth H. Emerson’s order follows East Hampton Town’s push for an injunction, in which it cited “ongoing multiple violations” at the resort, from continuing to use unapproved bar areas and a snack bar that the town said was converted to a full-service restaurant without approval. The bar areas and the restaurant, which has an expanded outdoor cooking area, are operating in violation of the town code, according to a statement from the town earlier this month.
Monday’s ruling bars Marram from using outdoor grills or locations other than the resort’s existing “retail kitchen” to cook or prepare any food intended for public sale.
The temporary restraining order was implemented after negotiations between the town and Marram’s representatives, who agreed to cease the activities in question.
The resort hotel, in a residential zone at 21 Oceanview Terrace, is a pre-existing, nonconforming use in a residential neighborhood, where expansion is prohibited. According to its website, Mostrador Marram serves breakfast, lunch, and dinner, and is operating on the site with guest chefs for the summer from the Lower Manhattan restaurant Il Buco.
The town issued charges against Marram on July 14 and July 18 related to the outdoor bar and cooking area, as well as awnings. They included lack of site plan approval, lack of a building permit, and failure to obtain a certificate of occupancy and a tent permit. A July 27 inspection by the Suffolk County Health Department found violations including the addition of an outdoor barbecue grill cooking station in the parking lot, which is prohibited, and other additions, including indoor and outdoor bars constructed without the required Health Department approval.
The county also noted that the restaurant was operating without a designated person in charge who holds a food safety/food protection certificate, according to the statement from Town Hall.
Judge Emerson set an Oct. 5 court date for the resort to show cause why a subsequent restraining order should not be issued barring the resort from activities “not consistent” with the approved certificate of occupancy for the premises, including “operating a restaurant with table service, takeout service, and expanded outdoor cooking area,” and the indoor and outdoor bars.
“The town is pleased that the court issued this ruling restraining Marram from operating contrary to our zoning regulations,” Supervisor Peter Van Scoyoc said in a statement issued on Thursday, “and we look forward to their future operations complying with the law.”
