UPDATE: Morristown Compromises on Tashmoo's Liquor License (VIDEO)

Thunder clapped outside as about 50 people filed in shaking their wet umbrellas to hear the vote on the liquor licence transfer of Tashmoo Restaurant & Bar on DeHart Street.

After a public hearing last week with plenty of residents in favor and opposed to the license transfer on the expansion, the Morristown ABC board approved the license transfer Wednesday night 6-1 with Councilwoman Alison Deeb voting against it.

It was approved with the following conditions:

• Last call will be at 11 p.m.
• The retractable roof will close at 10 p.m.
• All recyclables and trash will be inside the building
• No more than 44 bar stools
• No bar will have more than 15 seats
• Arrange for clean up of litter, trash, beer or alcohol beverage containers and debris in the parking lot utilized by the patrons as well as nearby streets that are frequently exited by patrons. The clean up activity should be completed by 7 a.m. the following morning.
• At no time will more than 30 percent of the restaurant be devoted to entertainment portion of the business
• No patron will congregate, possess or consume alcohol beverages outside the confines of the building

"These conditions will only apply to expansion not to Tashmoo, the existing bar," said Elnardo J. Webster, II, assistant municipal attorney. He added that motion this would be memorialized at their next meeting

Robert C. Williams, Tashmoo’s lawyer, said that he was glad to see everyone come to a middle ground and agree on a compromise. He expects it’ll take a year and a half to maybe two years to build, but was hoping that it’ll lean more toward a year and a half.

Compromises

The meeting began with a statement from Williams to the ABC board.

“I want to thank everybody for coming out and voicing their opinion,” said Williams, referring to the comments from the public hearing. “We had tried to impress upon you (the ABC board) that this expansion of Tashmoo is a restaurant. We were hoping you would agree with that. I can assure you that it meets every legal requirement to be a restaurant.”

He added that they were willing to compromise and stop the sale of alcoholic beverages at 12:30 a.m. He said before the vote that the board should approve it because the Walsh family plans to invest a lot into this expansion, more than $3 million in the restaurant and of that, about $250,000 for the retractable roof.

“Don’t punish him for what may or may not exist now,” said Williams, referring to some of the issues board members brought up such as large unruly crowds, litter, noise and among other things. “You have to give Mr. Walsh the opportunity to continue what he has done. This place has been there since 2006, he’s been running it since 2008. there have been no problems. You should vote in favor of this application because there is no opposition to it.”

He added that no municipal agency has objected to it, such as fire, health, building and police departments as well as the town’s parking authority.

“This property is zoned for what we want to do To prove to you that we are really a restaurant, we will stop the sale of alcoholic beverages at 12:30 ...  I hope this proposal rests everybody’s fears that this will be a bar,” said Williams. He said later in the meeting that they would compromise and stop alcohol service at 12:30 but “allow people to finish their drink and leave.”

Before the vote, the ABC board members had differing opinions on compromises Tashmoo should agree upon. After voicing all of them, they collaborated and came to a common ground to present to Tashmoo. Here are the thoughts from each board member:

Alison Deeb

Deeb thanked members of the public for coming out during the hearing and participating in this “democratic process.”

She brought up the past liquor license discussions dealing with Futbolandia and the Iron Bar.

She added that words from one of the residents that spoke, Christine Conti-Collins, stuck with her. Conti-Collins urged the board to stay consistent with their resolutions and approvals and Deeb, along with other board members, agreed that they should be consistent with previous decisions. 

Keeping in mind that the board should be consistent, Deeb read off some of the conditions the board gave Futbolandia and the Iron Bar and said that her suggestions were based off of those conditions.

Deeb recommended that Tashoo close somewhere between 11 p.m. and 12:30 a.m.

At the end of the meeting, she asked that if the board did not like the outcome of the new Tashmoo, if the board could do anything about it. 

Webster said that "if there is a reason why you don't like it ... you have a cause to come back and revisit this."

Deeb also brought up her concerns with residential parking, to which Webster replied, "residential parking has nothing to do with this application."

Raline Smith-Reid

Smith-Reid recommended Tashmoo stop serving alcohol Sunday - Thursday at 11 p.m.

She added that since “neighbors (may) be able to hear the chattering of the voices and the music,” she recommended that the roof close at 11 p.m. Sunday - Thursday and at 12:30 a.m. on Friday and Saturday.

“I’m still not convinced that it’s not going to create noise for the neighbors ... I feel that those neighbors have a right to peace and quiet.”

Stefan Armington

In keeping with consistancy, Armington said that he supported the bowling alley bar last year.

Last year, the council rejected a plan by the Walsh family to build a bowling alley with a rooftop bar at 10 DeHart Street. Neighborhood residents came out in force to oppose that plan and they returned to the council on Tuesday to object to the new plan. Neighbor after neighbor expressed worries about the current parking and traffic situation and said the expansion would worsen the situation.

After the bowling alley was rejected, the Walsh family approached the town about turning the 10 DeHart St. parking lot into an outdoor bar.

He brought up the issues of residential parking and said that the town should look into “strongly enforc(ing) the residential parking ordinance when it’s passed so that the residents don’t have to live with the problems that they have,” and to “push patrons into the surrounding lots and garages.”

Armington, as a noise expert for 13 years, said he was not worried at this stage with noise concerns with the retractable roof because “I know that the applicant, if he makes it to the planning board, will be required to bring specifications of the retractable roof ... to show that it’s in conformance with the town and the state’s noise ordinance.”

He added he “would caution that the applicant, before you spend a quarter of a million dollars on a retractable roof, you evaluate other outdoor establishments of this size and caliber.”

He recommended that the garbage and recycling bins be in an enclosed area to address the smell of seafood and noise of bottles and cans.

He also said that he “supports the idea of the applicant having private parties on the first floor while having regular service as well, but I think that ... having the three bars (on the first floor) is excessive and would promote more of a rowdy atmosphere.” He recommended less bars and bar stools: “instead of 100 feet of bar, 60 feet of bar on the first floor.”

Kevin Gsell

As the youngest member on the board, “I probably have more experience being around the nightlife scene late at night. I don’t stay out as late as I used to, but I do enjoy going out from time to time.”

He said that because of this, he hears more opinions from the younger generation in town that are looking for “the ability to eat a later meal.”

He added that one of the features of this town that has been a huge selling point with young people is the nightlife.

“I don’t know what the right time is to close, but I think the offer from the applicant to (stop serving alcohol at 12:30) is a fair one.”

Later in the meeting, he added that to answer a resident’s question, “the applicant’s brother is married to my sister.”

Webster said that this was not a conflict of interest

Rebecca Feldman

Feldman said that she appreciates this discussion and being able to hear from all board members and although she appreciates consistency, but “also realize that every situation is unique ... the number of bar stools on one corner of town is not the same as the number of bar stools in another end of town, street width is not the same, the proximaty to residents is not the same, so it’s not as simple as apples to apples.”

“What hasn’t changed though is the conditions surrounding this location,” she said, referring to noise issues and the traffic congestion from Tashmoo being located on a narrow street.

She said that all the external issues that led the board to deny the bowling alley bar last year still existed and the bowling alley would have had a capacity of 200 people in an enclosed facility, but the new Tashmoo would have an outdoor courtyard and a retractable with a capacity of about 300 people, said Feldman, “which makes for a large outdoor beer garden.”

Feldman added that outdoor seating ends at 11 p.m. for other restaurants in town.

• “I don’t think alcohol shouldn’t be served after 11 p.m.”
• The size of the bar should be reduced. “Restaurants don’t need 100 feet of bar.”
• No retractable roof
• All recycling and trash should be done indoors

“It sounds like a great restaurant with all those conditions,” she said.

Toshiba Foster

“I do like the idea of a seafood restaurant, however I’m not sold on the idea that it’s not going to turn into a bar,” said Foster. She added that the 1-2 TVs in the front area of the restaurant sounds like a lounge area.

“I don’t support the retractable roof. I think it poses as a huge quality of life issue for the residents in the surrounding area.”

• She added that four bars is an excessive number of bars for restaurant. 
• She said that it should stop serving alcohol at 11 p.m.
• Supported Armington’s suggestion of an indoor receptacle area.

“I think we should come up with a fair solution so that the applicant can expand.”

Michelle Dupree Harris

“After hearing all the comments of my council members and the residents in the community, I do feel they should have a right to have this restaurant, but my conditions would be” that 11:30 last call with alcohol sales stopping at midnight everyday and that the retractable roof close at 9 p.m. everyday

She also recommended that trash and recycle bins be enclosed, a reduction in number of bar stools and bars and that trash, litter and debris to be cleaned up by 7 a.m. the following day

Related Patch Posts:

• By the Numbers: Proposed Tashmoo
• Heads Butt Over Tashmoo Expansion Plan
• Morristown to Discuss Tashmoo's Liquor License
• Tashmoo Expansion Hearing Set by Morristown Council
• Outdoor Bar Proposal Rejected by Town Council
• Tashmoo Owners Seek Permission for Outdoor Bar
• UPDATED: Liquor License Denied for Proposed Bowling Alley
• Meeting on Proposed Bowling Alley/Bar Continues Wednesday