|Reply from the Cambridge
License Commission Decision, including license conditions
|May 1, 1997
|Mr. Robert Perry
70 Union Square
Somerville, MA 02143
|Re: Transfer of Capucino's of Cambridge, Inc. d/b/a Capucino's to
DeMontiero-Perry Limited d/b/a The Elephant Walk at 1812 Massachusetts Ave.-All alcoholic
restaurant license and 2 CD Players at or below conversation level
|Dear Mr. Perry:
|This is to advise you that the License Commission has voted, 3-0,
this day to approve the above transfer with the attached conditions as you have agreed,
with one exception: the seating capacity shall be 140 seats, 10 standing, for a total of
150. See attached list of conditions numbered 1 through 14.
|Although your original application was for 165 seats, 10 standing,
for a total of 175, the same as Capucino's, the testimony of the residents of the building
on parking concerns, noise and traffic justified the reduction of occupancy to 150.
Previously, Capucino's has some 10-13 parking spaces in the building. Whether Capucino's
used these spaces on a full time basis is unknown. Zoning laws grandfather you as a
preexisting use without parking. However, as a compromise with the residents concerns for
parking and traffic, and due to the popularity of your establishment, the reduction of
occupancy to 150 is reasonable.
|Your application will be reviewed in six months to determine whether
granting you 175 occupancy will be feasible. You may come back before that time to us if
you have a parking plan in place.
The Commission admires your persistence and candor with us and the neighborhood and feels
that you will be a fine addition to the Porter Square area.
|If you should wish to appeal this decision you may do so to the
Alcohol Beverages Control Commission within 5 days of receipt of this decision.
|Richard V. Scali
De MonteiroPerry Limited d/b/a Elephant Walk 1812 Massachusetts Avenue.
Conditions of All-forms Alcoholic Beverages License Transfer.
|PREFACE: The Elephant Walk recognizes that a restaurant occupying
the premises at 1812 Massachusetts Avenue must make a strong and sustained effort to
preserve and protect the quality of life enjoyed by the residents of the building above.
Major concerns of residential neighbors include minimizing noise and odors generated by
the restaurant and hindrance of entry to and exit from the building's underground parking
facility. As such, the restaurant agrees to hold its employees and vendors to an extremely
high standard of conduct in their duties on behalfof the restauraiit and in support of the
restaurant's effort to be a responsible neighbor and to comply with the conditions set
|1. SEATING: Capacity shall be 165 Seats, 10 standing, for a
total of 175
2. NOISE AND VIBRATION: Any exhaust, heating and air conditioning units connected directly
to The Elephant Walk establishment will be maintained such that they nicet or exceed noise
and vibration standards established by the Cambridge Noise Ordinance.
3. PARKING: There will be no parking of customer, vendor or employee vehicles on Oxford
Court Property, including the driveway beside the building. The driveway shall not be
blocked at any time by delivery or rubbish pick-up vehicles.
4. PEST CONTROL: The Elephant Walk will engage a professional pest control contractor for
the purposes of ensuring a pest- free restaurant by monitoring and treating the
restaurant's leased space only. The initial pest control regimen, unless otherwise spelled
out in a lease or sublease agreement, will include a monthly inspection and treatment. If
monthly monitoring and treatment is insufficient then the regimen will be intensified to
semi-monthly visits and finally weekly visits if necessary. The pest control firm will do
what is necessary to achieve the goal ofkeeping the restaurant pest-free, recognizing the
desirability of minimizing the application of toxic chemicals.
5. HOURS OF OPERATION: The hours of operation will be 11:30 a.m. 10:30 p.m. 7 days per
week. It is understood that the 10:30 p.m. closing time is the latest a patron may be
admitted to the premises to receive service. All patrons will be off the premises by 1:00
am. Restaurant employees may be on premise to clean at any time as stated in 1iquor rules
6. TRASH AND GARBAGE: All trash and garhage shall be stored in separate, non-metal
containers, outside, in an enclosed, fenced-in area on thenside of the building. Pick-up
of trash shall not occur before 7a.m. Monday-Friday nor after 6 p.m. Trash shall not be
picked up before 9 a.m. on Saturdays or Sundays.
7.DO0RWAYS: A window will be installed in the existing door or a new door containing a
window will be installed in the kitchen doorway that opens into the driveway to minimize
the risk of damaging vehiclcs utilizing the building's underground garage.
8. RESTAURANT PROBLEMS MANAGEMENT. Three important nunbers will be made available to
building residents to effectuate rapid resolution of problems associated with the
restaurant: The restaurant's non-customer "inside line" for use when the
restaurant has employees on the premises: the restaurant's alarm company number for use
when there are no employees on the premises, and the restaurant general manager's beeper
number for use should the other numbers fail to contact a manager to address the problem
9. EMPI.OYEE RESTRICTIONS: Employees shall not congregate or loiter in the drivaway beside
the building. The side door to the building shall only be used for taking out the trash
and receiving deliveries and shall otherwise remain closed at all times.
10. COOKING PROHIBITIONS: There shall be no wood-fired ovens. Wood-chip enhanced ceramic
briquette grilling and frialators shall be permitted.
11. ENTERTAINEMENT: There will be two C.D. players allowed which will be played at or
below conversation level. Any other entertainment shall be applied for an heard.
12. RESTAURANT DELlVERIES: Commercial deliveries shall occur hetween the hours of 7:00
a.m. and 4:00 p.m. Monday through Saturday. Deliveries before11:30 a.m., the time at which
the restaurant will open for luncheon service, will be made through the front, main
entrance to the restaurant. The restaurant will hire a receiver to take deliveries through
the front door commencing no later than 9 a.m. and shall encourage all vendors to make
their deliveries before 11:30 a.m. whenever possible. Deliveries after 11:30 am. will be
made via the driveway to a side door of the restaurant by rolling cart or two-wheeler hand
truck only. The occasional after-hours transfer of goods to or from an affilliated
restaurant by restaurant employees shall be permitted. No delivery or service vehicles
will permitted in the driveway at any time with the execption of the grease trap
maintenance contractor, and this vehicle only while performing the essential vacuuming
function requiring close proximity to the kitchen. Otherwise, blocking of the driveway by
restaurant employees or delivery personnel at any time is prohibited.
13. RESTAURANT LEASE: On file with commission
14. FUTURE CHANGES: If there are changeto the foregoing conditions, the Cambridge License
Commission shall be notified and an application filed and heard.