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Aug 22, 2012 11:22 AMPublication: The Southampton Press

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

Aug 22, 2012 12:56 PM

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.

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Ms. Warner should focus on her families own violations in our community before complaining about ours. As I recall at a meeting it was mention Trustee Warner has just cleared a lot clean without permits. And yes it was ALL wetlands. Just because of your last name doesn't mean you have a right to "run" Hampton Bays. This business has been a business for years. Would you rather have the old bar back there and drunks peeing in your front yard or a decent classy Resturant that attracts clean cut professionals ...more
By FLRalph (9), Flanders on Aug 22, 12 1:17 PM
We can't have both? A restaurant who follows the laws and is a "decent classy restaurant"? LOL Didn't know it was only either or.
By bb (907), Hampton Bays on Aug 22, 12 9:00 PM
bb - how about when ALL the restaurants in Southampton Town follow the laws and not just a SELECT one that lives across from Ed Warner who has created this mess against a nice business. Plus let the Town Board and the TRUSTEES follow the laws also - then you can have both.
By Terbear (77), Southampton on Aug 23, 12 5:03 PM
Good idea, why don't we start with Rumba terbear?! LOL

Which laws are the Town Board and Trustees not following Terri?

You are great about throwing out insinuations but not too great with having your facts straight.
By bb (907), Hampton Bays on Aug 24, 12 8:24 PM
Really bb?! I have no problem naming other restaurants that I know aren't in compliance, but I don't think it would be fair to them to drag them into this. As far as the Trustees not following laws, why does Ed Warner have a "private Road" sign where he lives (on the corner) when the other end of the street doesn't? Why does only the first 30 feet of Carter Road have "no parking" signs when the rest of Carter Road doesn't? I have no problem with facts, and trust me honey I have many facts that ...more
By Terbear (77), Southampton on Aug 24, 12 9:54 PM
You have "no problem" naming them, but won't. That makes sense! LOL You will however blame everything on one family and name them repeatedly.

If you actually cared, you would be expecting all restaurants to be in compliance. That is all that is being asked of Rumba.

Hate to pop your little bubble Terri but this really has NOTHING to do with the Warners. Your "feeling" is wrong. This has to do with fixing the problems in our hamlet. ALL problems should be addressed not ...more
By bb (907), Hampton Bays on Aug 25, 12 9:23 AM
Mr Hersh you need to have more Republican fundraisers and you will be left alone. The parking lot next to the Boardy Barn has no fewer than 8 cops each Sunday patrolling when the Bar is open. Literally thousands of disorderly tickets written each year and they are still there. It costs SHTPD over 100k for this special service. We also have the HB diner which now has a Latino Bar what site plan or use does the Diner have? It's called selective enforcement! By the way Mr Malone lets be real are you ...more
By chief1 (2765), southampton on Aug 22, 12 1:40 PM
Our town has higher priorities than Rumba, Wake up and look around you!! I suggest quickly before the next election.
By Talbot77 (53), southampton on Aug 22, 12 1:50 PM
3 members liked this comment
Malone is all talk and no action-the summer is almost over and nothing has happened.
By EastEnd68 (888), Westhampton on Aug 22, 12 1:51 PM
1 member liked this comment
Hey Chief - Do you really think it's okay to make up "facts" if none exist to support your biases? Show us where there have been more than a handful fo "disorderly tickets written" over the last TEN years near the Boardy Barn and I'll meet you there and buy you all the draft beer you can handle, cover you wih happy face stickers, and have you singing "American Pie" at the top of your lungs.

Ralph also needs to get a grip, I'll bet he's never been to the Beach Bar or any of its predecessors ...more
By VOS (1224), WHB on Aug 22, 12 2:14 PM
3 members liked this comment
The reporter was remiss in mentioning that Kathy Warner, “who live near the waterfront restaurant”, is the wife of Southampton Town Trustee Edward Warner, Jr.
By Deb B (8), Hampton Bays on Aug 22, 12 3:33 PM
Why? What does that change?
By bb (907), Hampton Bays on Aug 22, 12 9:02 PM
It's a no-brainer disclosure. Kathy Warner is the wife of an elected official who obviously has strong political ties (and his father was a LONG time politician).

the SH Press is famous for not disclosing these "little" details.
By Nature (2966), Hampton Bays on Aug 22, 12 11:33 PM
2 members liked this comment
bb - it changes everything, because Ed Warner is the one behind this mess. Ask him about his "private street" sign on Carter Road, which is NOT a private road. He had the sign put up there just so people wouldn't drive up "his street". It's funny that the other end of Carter Road at Wakeman is a Town Road with no sign. It's time that elected officials don't use their political position for their own gain.
By Terbear (77), Southampton on Aug 23, 12 5:07 PM
2 members liked this comment
Sorry Terbear, it was always a private road which is why it was an unimproved road.

So you assert, no matter how many people state otherwise, that Ed Warner is the only person who has a problem? Sorry, I know that isn't true. Not to mention, if there wasn't a problem, why would they complain? Just to give themselves something to do?
By bb (907), Hampton Bays on Aug 24, 12 8:26 PM
hahhaha it isn't an unimproved road?!!!!!!!!!!!!!!! Carter Road is a very much town maintained road! Why isn't there a "private road" sign at the other end of carter road (which the sign says NO thoroughfare) which is a huge lie as it goes to Wakeman Road. Also it is town maintained, so how is only the first 30 feet in front of Ed Warner's home private? Since you are a friend of his, you will stick up for him and say anything regardless of the truth.
By Terbear (77), Southampton on Aug 24, 12 9:57 PM
Do you understand the word "was"?
By bb (907), Hampton Bays on Aug 25, 12 9:06 AM
How about the house next to mine in HB that is rented to many more persons that the law allows. The honey pumper is there all the time-usually first thing on a Sunday morning. I can always tell when the toilets aren't working next door because men start to relieve themselves up against a shed that is right near my property line. What a nice view from my deck! I think the Town of Southampton has alot more to worry about than just Rumba. How about enforcing the laws all across the town????? What about ...more
By Babyboo (292), Hampton Bays on Aug 22, 12 4:06 PM
> "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."

That would be tomorrow, I believe, but unless that meeting is about pending or on-going litigation, it shouldn't be an "executive session" under New York State's Open Meetings Law.
By Frank Wheeler (1818), Northampton on Aug 22, 12 4:15 PM
2 members liked this comment
Could be wrong, but I believe the law's definition of what warrants an executive session includes the consideration of whether or not to intitate litigation, which is certainly a fair characterization of what the Town Board is addressing here.
By Turkey Bridge (1957), Quiogue on Aug 22, 12 9:00 PM
Funny how the Trustee's wife is complaining of someone being overly cautious about waste getting into the bays. This is unreal!

Stabbing at the Beach Bar, murder at Dream, murder at the Hampton Bays Diner, and it goes on, why oh why do those places not get special treatment, maybe a Trustee needs to live close to those clubs in order to get Malone and Fleming to spew their rhetoric.

Violence is tolerated but the smell of septic pumping at 7am every 48 hours warrants government ...more
By ridiculous (214), hampton bays on Aug 22, 12 8:09 PM
1 member liked this comment
Where did you read/hear that violence was tolerated?
By bb (907), Hampton Bays on Aug 24, 12 8:28 PM
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once again we have a small group of loud mouth complainers trying to close down a business and put 40 people out of work because its too close to their house. listen to the police scanner and u will hear all the ridiculous complaints these few call in- every time a delivery truck slows down in front of rhumba they call in a traffic hazard.

these few idiots don't hesitate to make false complaints, Unfortunately the Warners and Malones (both nearby residents) are using their influence ...more
By CaptainSig (713), Dutch Harbor on Aug 22, 12 8:49 PM
3 members liked this comment
CaptainSig - You are the BEST! Thank you for telling it like it really is regarding Rumba. I knew about the Warners, I didn't realize the Malones jumped on the "I'm going to use my political position" to screw over a positive, family friendly, booming restaurant. Keep up the good work - I'm backing you 1000%!
By Terbear (77), Southampton on Aug 23, 12 5:46 PM
2 members liked this comment
I don't get it...Mr. Hersh admits that he is over the limits the law sets, but everyone complains about those that expect the law to be enforced?

ALL laws should be enforced!

Every time I read something that Mr. Hersh says, it sounds like a threat...if you don't let me break the law I'll turn into a bar. If you don't let me break the law, I'll go out of business. When the business was established one of the things that should have been considered was the location and occupancy. ...more
By bb (907), Hampton Bays on Aug 22, 12 9:05 PM
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Leave the man alone and let him concentrate on bringing his season to an end so that he can feed his family. I'm sure he will come up with a solution over the winter and do what is right.
By Summer Resident (244), Southampton N.Y. on Aug 22, 12 10:49 PM
1 member liked this comment
He can feed his family over @ cowfish (which he also owns). If he can't run a succcessful business under existing laws, he shouldn't have opened the business or should have sought the proper permits required prior to opening his business. Why do we let these people dictate what rules they should follow and what rules they don't?

Aside from having potentially serious consequences from overcrowding his restaurant (i.e. if there is a fire in the building when the capacity is well exceeded), ...more
By Nature (2966), Hampton Bays on Aug 23, 12 9:09 AM
2 members liked this comment
The neighbor that let the EMPLOYEES of Rumba park on her lawn gave her permission - it wasn't the patrons that parked there - get your information straight. She had no problem with it and liked Mr. Hersh, but her house is next door to Ed Warner - HE didn't like it and HE is the one that started all of this mess against Rumba. Since he is a trustee (which he took his father's spot on the trustees) he thinks he owns that little corner of the road. That building has been a restaurant for over a ...more
By Terbear (77), Southampton on Aug 23, 12 5:14 PM
yes- selective enforcement. even ATH made mention of this in the meeting where this resolution was passed. I haven't been in a rest during the summer that wasn't packed to the gills. these places have a short window of time to make their money for the year, as do many businesses around here.If u want to nit pick and enforce every regulation to the T then do it at ALL restraunts and bars--within a month the only place left open in town will be McDonalds,
By CaptainSig (713), Dutch Harbor on Aug 24, 12 6:53 AM
1 member liked this comment
I haven't seen any complaints about Cowfish which is owned by Mr. Hersh as well . . .

If you read my comment, you would have seen that I pointed out the neighbor gave permission for the parking. It was still a violation of Town Code, still a dangerous situation when you have that many cars on a front yard in a residential area and still UGLY. Just because the neighbor said it was OK doesn't make it OK.

As for Mr. Warner, yes he inhereted the seat from his father but he has ...more
By Nature (2966), Hampton Bays on Aug 24, 12 9:21 AM
Yes it has been a restaurant for over a decade. But it hasn't been in violation of the law for over a decade. If he weren't in violation of the law, he wouldn't be "getting it".

Laws apply to everyone.

Wow you really have a problem with the Warners don't you.
By bb (907), Hampton Bays on Aug 24, 12 8:31 PM
Eight cops a weekend stationed at the Boardy Barn at over 100k a year does that bother you vos?
But anyway I think it's clear that most in the Hampton Bays civic assoc are a bunch of old biddies against business. They dont like the canal redevelopment at the cpi and Tide Runners. They don't like any type of investment in business period. They even went as far to have a moratorium on commercial projects. Have they looked around, because Hampton Bays is turning into a dump with every other house ...more
By chief1 (2765), southampton on Aug 23, 12 7:23 AM
Cheif: "Have they looked around, because Hampton Bays is turning into a dump with every other house ...more overcrowded, one of the worst school districst on Long Island, and main St looking like little Havana."

NONE of those things are true. Cite your source that HB school is "one of the worst", provide evidence that "every other house is overcrowded" and Main Street may have some hispanic storefronts - but it's not the majority and even if it was why does that make it a "dump"? And ...more
By Nature (2966), Hampton Bays on Aug 23, 12 9:06 AM
Chief is right: It's a dump. Do you see anyone strolling up and down the street with an ice cream cone the way they do in Sag Harbor? Do you see anyone shopping at the upscale stores, or eating a nice lunch outside, like they do in Southampton? I enjoy all of these things, and even though we live part-time in HB, we spend our leisure time in the "nice" villages. And Hampton Bays isn't one of them.
By Tay (35), Hampton Bays on Aug 23, 12 11:22 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By Jimmy MacDoogan (43), Flanders on Aug 23, 12 4:40 PM
I hardly think 40 luxury condo ownwrs will send any kids to school or burden services. In fact they will add to the tax base in a positive way. You must not get out much if you can't see cars and trucks parked on lawns at many homes in HB. Stabbing and shootings at rowdy nite clubs don't make HB a place people want to visit. Sure don't redevelop the waterfront leave the dusty parking lots fallen down restaurants and the look of 1950 to scare people that want to visit HB. As far as the HB school ...more
By chief1 (2765), southampton on Aug 24, 12 12:19 AM
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And was it different when you bought your place out here? You knew what you were getting when you moved here. So put up the "For Sale" sign, move to one of those quant little villages where people eat ice cream as they walk down the street. Make sure to buy yourself a parasol, and don't forget pocket change for the guy with the monkey and the portable music machine. The barber shop quartet plays hourly under the gazebo Monday through Friday every half hour on weekends.
Now just go , you won't ...more
By Phadreus1340 (144), Southampton on Aug 24, 12 9:38 AM
Chief,

Cite your source for this:

What percentage of seniors go to college after graduation? One of the lowest on Long Island.

And residential development (except for senior housing) is almost always tax NEGATIVE. 40 condos on that site is ridiculous, it's essentially 10 units/acre PLUS a marina. Show me another development in the Town approved in the last 10 years that has allowed density at that level. Why get rid of a very popular restaurant along with other businesses ...more
By Nature (2966), Hampton Bays on Aug 24, 12 11:57 AM
1 member liked this comment
Actually Chief you are incorrect with regards to the Hampton Bays School District. The numbers you have seen in Newsday are not the most accurate. If you take the time to really look at the numbers and what isn't stated, let me give you a breakdown: 24% of HB graduates go on to a 4 year school, 67% go to a 2 year or community college, that makes 91% of all Hampton Bays students going to college. With another 2% going into the military and the remaining that don't go to college are usually helping ...more
By Terbear (77), Southampton on Aug 24, 12 4:25 PM
The reason the Hampton Bays school taxes are so expensive is the lack of summer housing. The tax rate in Southampton is far less because the summer residents that send no children to school subsidize the tax rate the way these condos will. They condos will also be hooked to a sewage treatment plant which is more enviromentally sensitive then the system there now which likely leachs into the canal.
And Phadreus is your answer to Hampton Bays let it continue it's downward spiral? Don't let any ...more
By chief1 (2765), southampton on Aug 27, 12 6:57 AM
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This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By Phadreus1340 (144), Southampton on Aug 27, 12 7:13 AM
... the guy opens a restaurant with a legal occupancy of sixteen patrons? I think his problems begin here.
By William Rodney (551), southampton on Aug 23, 12 7:31 AM
3 members liked this comment
"We aren't making any more fresh water" ? Are you kidding me? Do you spell potato with an "e" Mr. Malone?
Of course "we" aren't making any more fresh water, nature does it by filtering rainfall through the ground.
By Phadreus1340 (144), Southampton on Aug 23, 12 9:51 AM
1 member liked this comment
His point is that we as residents of Long Island depend on a sole source aquifer for our drinking water, and if we pollute our drinking water due to overpopulation and pumping nitrogen into it through sanitary systems, we won't have any freshwater to drink. We will be forced to get build de-salinization plants or get our water from other regions at a phenomenal expense.
By Nature (2966), Hampton Bays on Aug 23, 12 9:55 AM
Blah blah another sheep repeating what the pine Barrens idiots are saying. Not one single case of a residential home polluting groundwater in Suffolk, Not one. The only nitrogen polluters are farmers in Suffolk County, but we will ignore this fact because they are sacred. We make fresh water everyday by sand filtering rainwater thru the aquifer,and the clay stratus which stops pollutants naturally. Jim Malone is a professional politician with his main job at county center not town hall. Throw this ...more
By chief1 (2765), southampton on Aug 24, 12 12:09 AM
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So the whole Pine Barrens thing is a scam? Really?
By Nature (2966), Hampton Bays on Aug 24, 12 9:18 AM
The aquifers are in the Pine Barrens and Rumba is Nowhere near them. So Malone's statement was stupid on so many points.
By Terbear (77), Southampton on Aug 24, 12 4:26 PM
It is so sad that people like you are so grossly misinformed on where we get our drinking water from. Please google "Long Island Aquifers" for an explination of what they are, where they are and how they work.
By Nature (2966), Hampton Bays on Aug 24, 12 4:28 PM
Nature is right. Sooner or later, the aquifer will be compromised by the increasing human waste in the ground above it. It is just a matter of time.

Sure, there has not been one single case of this yet, as chief1 points out, but the day is coming -- maybe decades from now, maybe centuries from now.

To keep it simple: take a coffee brewing cone and put a filter in it, fill it 1/2 with sand, then top it off with human solid waste of the fecal kind.

Put the cone over a glass ...more
By PBR (4945), Southampton on Aug 24, 12 4:56 PM
1 member liked this comment
Well as a "people like me", I googled our Aquifers and still my statement stands - Rumba isn't new an aquifer. But thanks for the additional information - I enjoyed reading up on it. So to my statement, what is your point?
By Terbear (77), Southampton on Aug 24, 12 5:05 PM
So if Rumba isn't over an aquifer, please tell me what it's over? 100 years ago, before SCWA existed - where do you think homes that weren't "in the pine barrens" got their water from? Do you know that the water retrieved from private wells comes from Aquifers?
By Nature (2966), Hampton Bays on Aug 24, 12 10:12 PM
1 member liked this comment
Terbear, you don't seem to understand Long Island's aquifer thoroughly. It is basically ONE huge reservoir of water in the "sand pile" which is LI.

EVERY house, business, structure, etc. is "near" or "over" this aquifer -- you just have to wrap you head around the scale of this as ONE HUGE self-contained eco-system.

Like a large sponge sitting in a bathtub which is 1/2 full of water. Keep putting a little poison in one end of the tub, and eventually it will affect ALL of the ...more
By PBR (4945), Southampton on Aug 25, 12 5:24 AM
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thanks- I just dumped my coffee down the drain
By CaptainSig (713), Dutch Harbor on Aug 25, 12 7:15 AM
3 members liked this comment
But Sig, I thought you liked your coffee on the strong side? At least the spoon can't stand up in the coffee yet!
By PBR (4945), Southampton on Aug 25, 12 9:54 AM
2 members liked this comment
If the Rhumba owner is a good businessman he will try to find a much larger location to accomodate his growing devotees. Who wants to be in business with this much continuing hassle.
By Mets fan (1477), Southampton on Aug 23, 12 3:41 PM
1 member liked this comment
Maybe Malone could lock Mr. Hersh in his county office and pretend to call Bill. " hello Billy, yeah I got him here, yeah send the entire department, he seats 17 for dinner and they pee alot, you might have to stop him on his way out. Thanks Billy boy." your doing a knock up job Jimmy, cant wait for the next election. What a joke...........meanwhile at dream, the town does nothing.
By Jimmy MacDoogan (43), Flanders on Aug 23, 12 4:39 PM
Some you seem not Remember in march 2011 What Happend at Rumba's?---- Police arrested Bryan Martinez, 22, of Riverhead on March 21 for assault in the second degree and criminal possession of a weapon in the fourth degree. According to police, Martinez turned himself in after an altercation that happened on March 19 at Rumba bar on Canoe Place Road in Hampton Bays. Police Say Martinez allegedly struck another man at the club with his drinking glass and caused several lacerations to the other man. ...more
By prometheus (13), HB on Aug 24, 12 1:01 AM
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I have no beef with Rumba's. I have heard great things about the food and atmosphere. But they are the victim of their own success. The place is just too small. If the Town does not enforce the law and god forbid something happens there when it is over occupied. The owners and the town will be sued. Hell the owner may be able to sue the town for not enforcing the law. Also if they are allowed by to have more people than allowed. How can you enforce that law to any other bar/restaurant in the town?
By prometheus (13), HB on Aug 24, 12 1:13 AM
1 member liked this comment
@ Prometheus what does ONE fight have to do with anything? Why not mention the shooting at The Public House (in the village of Southampton). Seriously, unless you have been to the restaurant and have seen the place, just shush. It's a very family friendly restaurant with families and friends there every day and night. I happen to frequent the place often and there has NEVER been a problem. My daughter worked there this summer and there was NEVER any problem. Plus if you have been in the place, ...more
By Terbear (77), Southampton on Aug 24, 12 11:39 AM
"I happen to frequent the place often"

Oh my, who would have guessed that! LOL
By bb (907), Hampton Bays on Aug 24, 12 8:40 PM
@ bb as a spy for Ed Warner?!
By Terbear (77), Southampton on Aug 24, 12 9:59 PM
HUH? Your response makes no sense.
By bb (907), Hampton Bays on Aug 25, 12 9:09 AM
Terbear - please cite the source of the following statement:

EVERY SINGLE RESTAURANT, BAR, AND ESTABLISHMENT OF THIS KIND RUNS OVER CAPACITY DURING THE SUMMER MONTHS.
By Nature (2966), Hampton Bays on Aug 24, 12 11:55 AM
1 member liked this comment
go to any restaurant in the summer. I am my source, I don't have to be a reporter to see and understand.
By Terbear (77), Southampton on Aug 24, 12 4:27 PM
In any event, Nature, is not "selective enforcement" of capacity limits a problem on the East End during the busy season? There simply are not enough cops and code enforcement officers to handle the volume.
By PBR (4945), Southampton on Aug 24, 12 5:08 PM
> "I don't have to be a reporter to see and understand."

Nature has asked you a simple but pointed question, and by youe less than forthcoming response, you undermine the validity of your original assertion.

Do you understand the difference between an establishment's occupancy as set by the Fire Marshal, and the seating capacity specified in the approved Site Plan? (If you don't, don't feel badly, because Mr. Hersh doesn't either.)

So you may be the source for your opinion, ...more
By Frank Wheeler (1818), Northampton on Aug 24, 12 5:30 PM
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@ Frank Wheeler, I am definitely not a "house frau" as you so stupidly stated. I have worked in the Title industry for over 20 years along with working for attorneys for several more after that - and since I have always been in the real estate end of things, I know about fire marshal capacity vs. code capacity. Since, you think because I am a woman I am clueless, please don't stick your foot in your mouth anymore. Since I know more about town and county records than you can fathom. I know how ...more
By Terbear (77), Southampton on Aug 24, 12 10:03 PM
Carebear - so since you state you are your own source, I take it you have been to EVERY establishment within the borders of Southampton Town and have counted all of the occupants when you were present and compared it to both the fire marshalls #'s and the site plan #'s? Ok, glad we could clear that up.

It's not selective enforcement. Multiple complaints have been made since the place has opened - the Town is obligated to address those complaints, for reasons that someone of your knowledge ...more
By Nature (2966), Hampton Bays on Aug 24, 12 10:09 PM
@ Nature, I am tired of your pointless insults (really carebear?). Even ATH has said she is concerned that this is SELECTIVE ENFORCEMENT. Oh but since you think Frankie is so smart by calline me a house frau that my intellect is less that astute as I am a woman. Since you are obviously friends with Ed Warner, you are on his bandwagon. I am not, as I am a business owner and I don't want to see successful small businesses in Hampton Bays shut down because of political abuse. But hey, you go for ...more
By Terbear (77), Southampton on Aug 24, 12 10:22 PM
Wow!

> "@ Frank Wheeler"

Sorry, but that's a social media convention I'm not familiar with, so I'll assume that you're directing this particular comments at me.

I have no idea who you are or aren't, other that you purport to be a female who has made a broad accusation, and when directly called upon by Nature to support it, has so far declined to do you.

You have, though, provided something of a "sketchy" C.V. arruring everyone that because of your real estate ...more
By Frank Wheeler (1818), Northampton on Aug 25, 12 12:43 AM
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Opps...

> has so far declined to do SO.

> ASSURING everyone that because of your real estate experience,

> you seem to THINK that the prior relationship is immaterial.

My bad -- now better.
By Frank Wheeler (1818), Northampton on Aug 25, 12 1:06 AM
"multiple complaints have been made" The problem is that most of the complaints have come , repeatedly, from the same small group of people. and if you check the dispositions of those complaints (noise, parking) you will find that they are mostly deemed "unfounded" by responding officials (police, traffic enforcement, code enf, etc). The volume of complaints is not always an indication of a problem-- there is a difference between 5 people complaining every day and 100 people making individual ...more
By CaptainSig (713), Dutch Harbor on Aug 25, 12 7:26 AM
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Curious how you know where the complaints come from. You must work for the police or town.

Isn't it typical that the people who live next to a problem establishment would complain while those that don't live by it wouldn't? Surely someone who lives in another town or miles away wouldn't be complaining since they don't live there and experience the issues. You also have to figure how many of the neighbors of Rumba are year round. Those not there wouldn't be complaining.

By bb (907), Hampton Bays on Aug 25, 12 9:13 AM
Carebear - I'm not insulting you with that moniker I just like giving people nicknames. Where you get the idea that I think less of you because you're a women, I don't know but I can assure you it's not true. My mother is a women, heck I'm even married to one! What other "pointless" insults have I tossed? I've asked a question which you have ignored repeatedly.

No, I am not friends with Mr. Warner. I have met the man but have no reason to support him in this matter and I even pointed ...more
By Nature (2966), Hampton Bays on Aug 25, 12 9:15 AM
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actually you can watch town board meetings and public hearings on tv or internet, thats how I know who is complaining
By CaptainSig (713), Dutch Harbor on Aug 26, 12 6:56 AM
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Ironically Nature, I have agreed with some of your posts and I apologize for thinking you were insulting me with a "nickname". Actually I thought it was kind of cute myself, but since there has been so much bickering and negativity here (myself throwing some of it) I happen to read everything with a negative twist. I am not a friend of the Owner's of Rumba, I have never met Mr. Hersh. I happen to think the restaurant is a positive addition to our little hamlet. It's a family friendly restaurant, ...more
By Terbear (77), Southampton on Aug 26, 12 3:10 PM
And you believe they would be the only people complaining? Not everyone would attend a town board meeting even if they could. The fact remains, Mr. Hersh is in violation of the law. Since people want to see him get away with it, they will be sure to understand when others do also. He now has another establishment, why continue to break the law at this one? Wasn't that the purpose of opening a larger place? Makes no sense.

You can't have it both ways. If it is illegal, it's illegal. ...more
By bb (907), Hampton Bays on Aug 26, 12 3:50 PM
Tearbear if you read the earlier posts a few people were quick to point out how other bars had stabbings and fights and imply nothing like that has ever happened at Rumba. And its not political abuse its a safety issue. It has lawsuit written all over it for the town and the owner if someone gets hurt there.
By prometheus (13), HB on Aug 25, 12 1:32 AM
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@ Frank Wheeler, do you think it was appropriate to call me a "house frau". You meant that in a negative derogatory way, there was no other way to take it. Because I stated something that you disagree with, you felt the need to use insults to attempt to make a point. Because you don't feel I know what I am talking about, so be it, but it doesn't make it so. I am not going to bring other businesses into this, hence I don't name them and what I have seen. So good day to you sir. I have stated ...more
By Terbear (77), Southampton on Aug 25, 12 8:12 AM
@ Terbear:

> "Frank Wheeler, do you think it was appropriate to call me a "house frau". You meant that in a negative derogatory way --"

If I didn't before, you may safely assume that I would by now, and that's solely your doing!

> "I have stated my opinions, I have also stated facts. I don't put something down as fact if I don't personally know it."

I don't know any other way to get this key point across to you, Madame House Frau, other than ask if you REALLY ...more
By Frank Wheeler (1818), Northampton on Aug 26, 12 12:12 AM
@ Frank Wheeler: I guess you have never heard of Eyewitness Testimony in a court of law pinhead! And for the record, this section is for comments, opinions we are not in a court of law pinhead! So just because you don't like my statements too bad for you pinhead. And with this I am done with pinheads like you.
By Terbear (77), Southampton on Aug 26, 12 9:12 AM
You have had your hand slap by Dean Spiers so often you are now attempting to imitate him, Frank, give it up .
By Phadreus1340 (144), Southampton on Aug 28, 12 9:01 AM
Well this article and all the comments proved wothless. Rumba's was packed last night and exteremly noisy. A great night in the Hamptons. Also, the food was excellent. Jim Malone has no influence-he can't even control a business in his own neighborhood.
By EastEnd68 (888), Westhampton on Aug 25, 12 11:36 AM
So what you are saying is that Mr. Hersh doesn't care a whit about breaking the law. He has made that fact abundantly clear by his statements and actions.

Did you really expect Jim Malone or any other Board Member to be there and tell them to behave?
By bb (907), Hampton Bays on Aug 25, 12 11:51 AM
Id love to see Jughead Jim trying to do some carib dancing at rhumba- he's so stiff he'd probably crack into a hundred pieces!!!
By CaptainSig (713), Dutch Harbor on Aug 26, 12 7:02 AM
If the very low occupancy is based on parking and alternate arrangements have been made for offsite parking and shuttle service shouldn't the occupancy be raised?
By VOS (1224), WHB on Aug 27, 12 11:58 PM
It's based on sanitary flow, parking, state fire code (based on square footage of the building) as well as parking. He needs to get an amended site plan and comply in the meantime but doesn't want to be bothered.
By Nature (2966), Hampton Bays on Aug 28, 12 2:29 PM
Sorry to tell you Mr Hersh we don't like entrepenuers in Hampton Bays. We don't like the idea that you put money into the community, and hire people to work at your establishment. Our little village is falling apart and we want nothing new we want it to continue it's image of a dumpy second rate beach town. Home for derelicts and druken college kids. We want to keep our reputation as the unhampton Hamptons. We Hampton Baysians look at a guy like you making money and are envious and think your stealing ...more
By chief1 (2765), southampton on Aug 28, 12 8:56 AM
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I have no problem with businesses and I have no problem with Cowfish - the other establishment owned by Mr. Hersh. But he has admitted thta he is in violation and not only are there environmental consequences to his violations but serious potential safety hazards.

My question to you is what should the Town do when they receive credible complaints about an establishment? Do nothing or act?
By Nature (2966), Hampton Bays on Aug 28, 12 2:33 PM
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The current use is better than when the cops were dealing drugs out of that same location.
By G (338), Southampton on Sep 1, 12 7:23 AM
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Hot Tubs,SALE, Southampton Village, SouthamptonFest weekend