Issue with neighbor causes liquor license delay for Barnacle Bob's

Jan 16, 2013

An old restaurant with a new name could be opening soon, but first the new owner will have to work out some issues with his abutters.

The restaurant formerly known as Pomodores, then as Grille 28, has a new owner, Timothy Ciaffoni of Wareham, who is seeking a liquor license from the town. He is planning to open under the name Barnacle Bob’s.

Ciaffoni appeared before the Board of Selectmen for a public hearing on Tuesday, Jan. 15.

Ciaffoni appeared before the Selectmen on Dec. 11, 2012 to apply for a liquor license too, but was advised that the license of the previous owner had not expired, nor had it been surrendered.

Liquor license expire Jan. 1 if the holder does not seek a renewal.

This time, attorney Patricia McArdle was there representing Diane Fielding, whose property abuts the restaurant. McArdle said 18-wheelers that are often used for deliveries block Kendrick Road. According to her client, this makes it difficult or impossible get to her property.

The restaurant has changed hands a number of times over the years, and while Ciaffoni has not opened for business yet, McArdle said Fielding has had issues with delivery trucks blocking the access road in the past.

“If they could just park parallel along the road,” there wouldn’t be an issue, according to McArdle. “If they’re literally parked perpendicular across the road, that’s a problem.”

She added that her client does not object to the restaurant having a liquor license, she’d just like to ensure she will have easy access to her property.

Ciaffoni, who said he moved to Wareham from west of Boston more than 20 years ago, explained that he understands that the issue has been a "contentious" one, but he intends to be courteous to his neighbors.

“I believe in Wareham," he said. "I think it’s an up-and-coming area."

Selectman Cara Winslow expressed concern about whether or not the board can make a decision about the issue.

“We cannot regulate parking issues, but we can condition the license,” said Winslow.

Winslow said she feels the board should take up the issue again after consulting with town attorney Rich Bowen.

“If we were to issue the license improperly,” it would only cause more headaches down the down, Winslow expalined.

Selectmen Chair Steve Holmes took issue with the delay.

“Come on…this man is willing to work with his neighbors,” he said.

Holmes also pointed out that Ciaffoni is not responsible for the actions of any previous owners.

Selectman Peter Teitelbaum pointed out that another delay does not mean the business will never open.

“There’s no reason why this can’t be resolved next week or the week after," he said.

There is also some dispute as to whether the road is owned by the Town of Wareham, or by the state.

“If it’s a town road there might be some issue," said Selectman Alan Slavin. "If it’s a state road, it’s a moot point."

Ultimately, the Selectmen decided to continue the public hearing to Jan. 29.

Wareham Week attempted to get a comment from Ciaffoni after the hearing, but he did not wish to speak to the press.