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Selectmen aim to regain ‘economic development’ sewer gallons
By Pru Sowers Banner Staff
PROVINCETOWN — A battle is shaping up between selectmen and local businesses that are granted extra sewer gallons in return for promising to remain open year-round but don’t make good on that promise.
Selectmen recently voiced serious concern over an economic development permit granted in June to Clem & Ursie’s restaurant, 87 Shank Painter Road, giving the popular eatery an extra 5,244 gallons — more than doubling its original capacity — in order to convert the self-serve restaurant to a sit-down establishment. In the application submitted by Clem & Ursie’s owners Deb and Clem Silva, they said a portion of the restaurant would remain open year-round, resulting in more job opportunities for residents and encouraging off-season tourism, a long-time goal of selectmen.
However, the restaurant, which is for sale, closed in early October. And the sewer gallons, which are highly desirable to local businesses in order to expand and for which a waiting list currently exists, have been granted to what has apparently become a seasonal restaurant.
“It’s upsetting to me we invested 5,000 gallons in this business that won’t be open for six months,” said board of selectmen chair Michele Couture.
“They didn’t even make it to Women’s Week,” added Selectman David Bedard.
One of the criteria selectmen set for granting extra sewer gallons was to give priority to year-round, or as close to year-round as possible, businesses. The idea was to help more local restaurants, stores and salons stay open in the off-season in order to draw visitors who, in turn, will spend money in town. However, there is no policy for demanding that gallons be returned to the economic development pool if a business does not live up to expectations.
That is something selectmen want to change. Couture directed Assistant Town Manager David Gardner to find a way for the town to take back gallons if a business does not meet the criteria. However, Gardner said there is nothing in the current economic development permit wording that would allow that.
“The opportunity was when you had the owners before you,” he told selectmen, referring to the interview selectmen had with Clem & Ursie’s owners prior to granting the application. “I don’t believe that [year-round requirement] was communicated.”
Selectman David Bedard disagreed, saying the restaurant’s owners showed selectman a winter seating plan as part of the application process.
“I don’t want that property sold with those gallons attached because we’ll never get them back,” he said.
“As far as I’m concerned, the criteria are the conditions,” said Selectman Mary-Jo Avellar. “If you find you can’t live up to that, there’s someone else who can.”
David Guertin, department of public works director, who oversees the sewer gallonage process, said “there is and there isn’t” precedent for taking back granted economic development gallons. Cicchetti’s Espresso Bar, a seasonal businesses at 353-B Commercial St., was granted 200 gallons last February in order to add nine outdoor seats. However, the application was submitted by the owner of Cicchetti’s, who rents the storefront. The owner of the building declined the gallons after they were granted because of the sewer betterment cost he would have had to pay the town. As a result, the gallons were given back to the pool.
“The policy is to foster year-round growth,” Guertin said about the intent of the economic development gallonage process. “The correct procedure is to get [Clem and Deb Silva] before the board of selectmen.”
Selectmen have scheduled a meeting with the restaurant’s owners at their Nov. 24 meeting.
psowers@provincetownbanner.com
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