Southampton Town Councilman Says Legal Action Could Be In Rumba's Future

Southampton Town Councilman James Malone on Monday assured Hampton Bays residents that the town will take legal action against Rumba, a popular Caribbean restaurant in the hamlet that has been cited for overcrowding in the past, if its owner continues to exceed his occupancy limit on a regular basis.

“My patience is a little bit thin—I don’t want to take anybody’s livelihood away, but people really need to work harder to comply,” Mr. Malone told the estimated 50 people attending Monday night’s Hampton Bays Civic Association meeting at the Ponquogue Avenue senior center. “My recent update on the status of things is code enforcement continues to monitor and litigation is probably going to be forthcoming.”

The restaurant, which is located off Canoe Place Road, can legally hold seating for only 16 customers according to the limit set by the Suffolk County Health Department, though the owner, David Hersh, said the fire code permits nearly 100 patrons to occupy the building if they are standing. Town Attorney Tiffany Scarlato said Wednesday that the restaurant has been cited for exceeding the legal number of people allowed in the building under the fire code, as well as the number of seats allowed inside and outside the restaurant as set by the building’s site plan. A copy of violations issued to Mr. Hersh on June 23 states that he added seating inside, on the rear deck and on a nearby bulkhead without receiving town approval. Mr. Hersh was also cited for placing a sign on the road without a permit.

Mr. Malone offered an explanation—and an apology of sorts—for what he said some have called the “watering down” of a Town Board resolution authorizing the town attorney to take Mr. Hersh to the State Supreme Court if he does not bring the restaurant into compliance. Mr. Malone added the words “as may be necessary” to the resolution, adding wiggle room for negotiations before the attorneys move ahead with legal action.

Ms. Scarlato said the town could seek a temporary restraining order, preventing the owner from using the property while it is out of compliance, and though she said that is the usual course of action, she stressed that it is not their only option. Ms. Scarlato added that even though she is not required to do so, she would seek approval and input from the Town Board before moving ahead with any legal action against the restaurant.

“Let there be no mistake—as a lawyer, I knew exactly what I was asking for,” Mr. Malone said.

He explained that without amending the language of the resolution, Town Supervisor Anna Throne-Holst would have voted against it, making the vote 3-1, because Town Councilwoman Christine Scalera abstained. He said securing a fourth vote makes the resolution harder to appeal.

“It’s got as much teeth as a mandate,” Mr. Malone said. “It’s as bulletproof as it can get.”

Hampton Bays residents Irene Tully and Kathy Warner, who live near the waterfront restaurant, told attendees that Mr. Hersh is now pumping out the septic system once every two days. “For every 48 hours, to be awakened at seven o’clock in the morning with the smell and the stench of sewage being pumped out of the ground because of over-occupancy—please, it’s three years now, and it just gets worse and worse and worse,” Ms. Tully said.

Ms. Warner added that the restaurant is harming the quality of life of neighbors.

Mr. Hersh said on Tuesday that his septic system is pumped out twice a week, which is common among waterfront restaurants. He noted that he has hired two engineers who are now designing a new septic system that he hopes to present to the town and install this fall, during the off-season. Mr. Hersh was scheduled to appear before the town’s Zoning Board of Appeals last week to discuss an application to increase the occupancy of his restaurant, though he said his attorney, David Gilmartin, adjourned the meeting because the full board was not present.

“The hard thing to do is work with me and find a solution that keeps me thriving as a business,” Mr. Hersh said. “That’s the hard part, and some politicians want to take the easy road and take me to a litigation so they can wash their hands of it and send it to the courts.”

Mr. Hersh criticized the Town Board for not being more willing to work with him to find a solution, noting that lowering his occupancy would force him to stay open later and operate as a bar rather than a restaurant, which, he said, is not the right fit for that location and is not the kind of business he wants to run. Ms. Scarlato said that in order for him to operate as a bar, Mr. Hersh would have to apply for a change of use.

“It’s a shame—it’s deflating my drive to do business in Southampton,” he said, adding that he hopes to open up more restaurants with unique concepts that draw people to Hampton Bays. “I’m relying on this for my kids to go to college and there are 40 employees that are relying on me to keep their jobs.”

Ms. Throne-Holst said on Tuesday that town attorneys and Mr. Hersh’s lawyer are in discussions “in hopes of trying to resolve it without there being any court action.” She added that Mr. Hersh’s decision to have his septic system pumped out so frequently is a sign that he is doing his part to minimize the impact of his restaurant on the environment.

“It’s far more than any other establishment is doing and these are the kinds of things we need to look at,” Ms. Throne-Holst said. “That said, we are concerned about some of the code issues, but again he has committed to working with us on all of this.”

Town Councilwoman Bridget Fleming, meanwhile, said Wednesday that the Town Board plans to discuss the situation during an executive session scheduled for today, Thursday, August 23.

“We’ve given him every opportunity to come into compliance over these years, and the rules have never changed—what is permitted has never changed from the minute he opened that business,” she said.

Also present on Monday evening was Town Planning and Development Administrator Kyle Collins, who said developers are moving forward with a proposed project that calls for the construction of 40 condos on the east side of the Shinnecock Canal, across from the Canoe Place Inn, in exchange for preserving and renovating the inn and reopening it as a catering facility. Mr. Collins said the planned development district, or PDD, a zoning designation that would allow the property owners, Gregg and Mitchell Rechler, to construct the condos, has passed through the scoping process. He said the Rechlers are now working on producing a draft environmental impact statement, which could take anywhere from six to nine months to complete.

Mr. Malone said there are a number of concerns he would like to see addressed before the town moves forward in approving the PDD, including density issues, impact on the environment, public safety and the community benefit. He also suggested that the town consider its options for maintaining public access to the waterfront.

“We aren’t making any more environment—we aren’t making any more fresh water,” Mr. Malone said. “We need to be concerned about the sewage component and the quality of water that we have.”