State Road Restaurant Fined for Violations

The West Tisbury selectmen had stern words for the owners of State Road Restaurant this week over special permit violations and a failed health inspection in connection with an unlicensed prep kitchen.

A basement space that was allowed to be used for refrigeration and storage of beer and wine and dry goods had been turned into a prep kitchen with plumbing. The kitchen was flagged by health inspectors during a routine inspection on August 13. Restaurant owners Jackson and Mary Kenworth will be fined $1,600 by the town building department for violating their special permit.

Mr. Kenworth attended the meeting and said the kitchen has since been shut down and the plumbing shut off. Mr. Kenworth apologized to the board and said the kitchen had been used as an adjunct work space for the restaurant’s burgeoning use of local farms and fishermen for its farm-to-table menu. The space was used for cleaning and preparing vegetables, fish and meat.

“I’m very sorry, we’re in the wrong,” Mr. Kenworth said. “The reason we’re using that space, which I can see that we’re in violation of, is because there is not enough adequate space [in the main kitchen] to do breakfast, lunch and dinner.

“We’re doing everything we can to rectify the situation,” he added.

Selectmen Richard Knabel and Jeffrey (Skipper) Manter III chastised Mr. Kenworth for the violations.

“Why do you think you didn’t need any permits to do this work, especially given the provisions of the special permit?” Mr. Knabel asked.

“To me it’s not a misunderstanding of the regulation, I’m going to be really blunt, it’s a blatant violation,” Mr. Manter said. “The slightest violations, intentional or unintentional, I will not tolerate any further."

The selectmen considered suspending or revoking the restaurant’s beer and wine license, but in the end took no action. Under the town beer and wine regulations, the selectmen have the authority to act on the license if any town bylaw or ordinance is violated. Selectman Cynthia Mitchell advocated against that approach. “It’s fair to say there’s a zoning violation,” Mrs. Mitchell said. “I think State Road is cooperating to the maximum extent on this, having essentially admitted the wrongdoing. I don’t think this rises to the level of revocation or suspension of their beer and wine license.”

Located in the mixed use business and residential stretch of North Tisbury, State Road opened in 2009. A special permit was needed because the new building was sited on a pre-existing nonconforming lot. The popular restaurant focuses its menu on locally-sourced food. It is one of the spots frequented by the Obamas when they vacation on the Vineyard.

When town health agent John Powers found the unpermitted kitchen, he notified the Kenworths that they were in violation of the special permit and in violation of the state food code that requires pre-approval of plans to be submitted to the board of health prior to building a facility.

Mr. Powers also notified building inspector Ernest Mendenhall.

“The board of health said they failed the health inspection because things were there that were not permitted,” Mr. Mendenhall said. “The special permit [violation] as far as I’m concerned was pretty definite . . . there was an awful lot of unpermitted work.”

Mr. Mendenhall has since issued a permit to disconnect plumbing that was installed without permission.

Mr. Kenworth said the restaurant will not appeal the building inspector’s ruling but will apply to the zoning board of appeals to amend the special permit to allow the restaurant to use the space.

Meanwhile, without the prep space, the restaurant will no longer serve breakfast and lunch for now. Mr. Kenworth said they may have to cut back on the amount of local produce, fish and meat they use.

“We will try to remain as local as possible, but given the space in the kitchen upstairs opposite the dining room, there’s not enough space to bring in a 45-pound striped bass and fillet it, and do lunch and breakfast service,” he said. “There’s not enough space for us to scramble eggs and fillet a striped bass.”

Mr. Knabel advised Mr. Kenworth “to proceed post haste” with the zoning board.

“It’s just really not an acceptable way to treat the town, a town that has worked quite hard to get your business started and make it successful,” he said.  “We’re all sorry for this situation.”
 

Comments

Submitted by Anonymous (not verified) on Thu, 08/22/2013 - 14:32

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Bill Michaels Edgartown

Sure, Jackson and Mary did something they shouldn't have. They'll pay the price, and be better for it. But the last line of the article shocked me. Seriously Mr. Knabel?!? You think "The Town" made them successful? "The Town" did hard work? Get off your high horse. Jackson and Mary work their tales off, and you should be thanking them. End of story.

Submitted by Anonymous (not verified) on Thu, 08/22/2013 - 14:58

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cabotmv West Tisbury

I commend Mary and Jackson Kenworth for providing our town with such incredible local foods. I am proud of how they responded to this situation and I hope people realize how much work goes into their restaurant. Negativity never solves anything. As a neighbor of the restaurant, I wish them ease going forward and that West Tisbury officials will be helpful in working with them to move forward instead of continuing to dwell on this wrongdoing.

Jean Rhodes Chilmark

Town of West Tisbury, We must find a way to let Mary and Jackson Kenworth return to doing what they were doing to perfection: Working with island fisherman and farmers to serve local fare morning, noon and night year round. The food this year has been extraordinary! Rather than being too punitive, the town should give these two hard working people the support and space needed to operate a restaurant the island can be proud of. Maybe the townspeople would rather go back to eating frozen corn and frozen chickens from off-island and having just another mediocre establishment on the island. The raw bar this summer was awesome!

Submitted by Anonymous (not verified) on Thu, 08/22/2013 - 17:25

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Bill Brody Bronxville NY

State Road is always part of our Vineyard stays. We love their breakfast muffins, healthy sandwiches at lunch, and elegant and delicious dinners.
Mary and Jackson, we wish you a speedy resolution to these matters and continued success with your unique and wonderful restaurant.

Submitted by Anonymous (not verified) on Thu, 08/22/2013 - 17:48

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Jim Beam

I love their food, am thankful we have a great food choice on this side of the island, and wish them well. However, the above comments seem to gloss over their clear disregard for the codes which they clearly, and willfully violated. I hope they and others can learn from this, however, I also hope the town can understand the importance of buying local, and find a way to allow the use of what is now an illegal space.

Submitted by Anonymous (not verified) on Thu, 08/22/2013 - 17:53

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Pat Cooney Edgartown

I find the entire tone of the above article extremely negative. I agree with other comments that State Road Restaurant is a gift to this island- It was a mistake- now being rectified- West Tisbury selectmen and other town officials are sounding rather infantile- Perhaps they should rethink their words- "post haste!"

Submitted by Anonymous (not verified) on Thu, 08/22/2013 - 18:47

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Scott Steward Oak Bluffs, MA

State Road is an integral component of Martha's Vineyard's Farm-to-Table movement. The loss of State Road's Breakfast & Lunch Service is a loss to the community. The staff at State Road have found a solution to better serve the community. This is another example of bureaucratic constraint, inhibiting innovation.

Submitted by Anonymous (not verified) on Thu, 08/22/2013 - 20:07

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Anonymous West tisbury

"......a town that has worked quite hard to get your business started and make it successful." More like a town that has made it quite difficult for them. Mr. Knabel, don't lie to yourself and act like you and "the town" helped in the slightest bit.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 00:15

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Scott Ryan WEst Caldwell,New Jersey

Two finer restaurateurs and people will not be found than Mary and Jackson Kenworth! They have contributed mightily to the Island by virtue of providing superb farm-to-table fare, by supporting the Island's economy in the person of the farmers, fishers, chefs, wait staff and others whose services and goods they utilize , by helping to spearhead a healthful school lunch program and so much more. They have worked long and hard to achieve what they have and for Mr. Knabel to somehow take credit for their success is rather unbelievable. Moreover, the Kenworths are far too nice to be treated so shabbily in word and deed. Perhaps there have been some technical violations of space usage, but the town should make every effort to quickly help them address these concerns. And one wonders, where might Mr. Knabel suggest one go for breakfast and lunch now? And I am sure there are no other businesses with violations in the town! Shame on Mr. Knabel's disrespectful tone!

XerxesIII Edgartown

"Technical violations"? If one wants to look closer at "word and deed", one should read the minutes of the WT Board of Health of June 26,2008 and the Zoning Board of Appeals dated July 23, 2008 and March 4, 2009 that I found on the town website where it was specifically stated and agreed by the Kenworths that the basement would only be used for storage and an employee bathroom. It was even made one of the final conditions for approval by the ZBA. And to compound it have plumbing illegally installed? I think State Road is great too, but can outright defiance be condoned?

Scott RYan West Caldwell,NJ

See that? Common ground. We agree State Road is "great." The Kenworths, who are wonderful assets to the Island, have sincerely apologized and admitted their wrongs. Rather than a time to cast stones, it is time to help them move forward.

Tom West Tisbury

I seldom make a comment in newspapers, but your statement about being "nice" is so far from accurate that I have to respond. Don't take my word for it, read tripadvisor.com. Typical review: "Great food, poor service," and the poor service is usually referring to the top level. Here is one selection:

I have never complained about the slow service, and the one time that I do, I get no apology, but rather a nasty attitude from the owner? Another reviewer put it best: it's like they are doing you a favor by letting you be there, not the other way around.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 01:58

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Betsy T.D. Chilmark

I certainly hope that the town works with, rather than against, Mary and Jackson to find a solution--it would be awfully silly not to. SR has been such a gift to the island with its support of local farmers and fishermen, along with the delicious meals and fantastic ambiance it constantly delivers. How lucky we all are to have it.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 02:12

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Pete Farrelly West Tisbury

This is the best restaurant on the island and we are blessed to have Jackson and Mary in our midst. That said, I understand Selectmen Knabel and Manter's concerns and give them credit them for doing their jobs. Despite the Kenworth's stellar reputation, if the selectmen looked the other way on this, it would be hypocritical when they cracked down on businesses that really need straightening out. To their credit, Jackson and Mary have responded humbly and contritely so I hope this doesn't turn into a federal case. Though they made a mistake, it wasn't an egregious one, and it was only to better serve their customers, as well as the local farm and fishing communities. These are very good people. Let's support them.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 06:49

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farmer5 chilmark

I can see that most of the commenters have fallen for Mr. Kenworth's somewhat clever smokescreen. This isn't about supporting local farmers and fishermen. Not even a little bit, but Kenworth redirects the debate with the aplomb of a politician. He could have gone to the board and presented his argument to amend the conditions of his special permit to incude a basement prep kitchen. Instead he found a plumber willing to do the work without pulling a permit and went ahead and built himself an illegal kitchen. Once caught, he blames it on his dedication to buying local. The quality of the restaurant's cuisine and the buy local mantra has absolutely nothing to do with Mr. Kenworth's decisions or motivations which put his investor's at risk. His mea culpa sounds pretty hollow to my ears.

Francis Underwood

Well said farmer5! I'm more curious as to how deep this really goes. Mr. Kenworth is merely a puppet, and behind every puppet is a puppet master. But where are these orders coming from? City Hall? The White House?! And what is their end game? If we start pulling the right strings I'm willing to bet this whole thing unravels. Everyone interested in taking a more "active" approach, meet me at the Menemsha pier at 12:01 tonight. The revolution begins now!

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 09:26

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Karin Stanleyq West Tisbury

Certainly it is the town’s job to enforce regulations which are designed to protect and serve the public, and I have no problem with this, however the negativity which surrounds this enforcement is unfortunate. To chastise and threaten (revocation or suspension of their beer/wine license) seems a rather childish response from the selectmen and does nothing to earn my respect. I hope everyone can move forward and grant the necessary permitting needed for the Kenworth’s to do the right thing and have the kitchen they need to continue their great work which is an asset to the town.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 09:50

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David R White West Tisbury/Chilmark

The legal and health issues raised by the town are clear, and just as clearly rectifiable. If Jackson and Mary weren't doing their very best to meet the growing demand for quality food and collegiality on this side of the island,that would be one thing. But they have done extraordinary work by making breakfast and lunch available to many who can't afford the traditional dinner at SR. Island-grown costs money, and the effort to create further capacity in high season for all Vineyarders, even if self-evidently flawed in execution, is praiseworthy. I know from regular visits with visiting artists from The ard where I work, State road is not only a terrific farm-to-table eatery but a true window on the human and food-chain interdependence we rely on year-round on the island. I'm happy to help donate to a Food Fine Fund, to enable the Kenworth's $1,600 to be put to use fixing the food prep problems.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 10:01

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Scott Ryan West Caldwell,NJ

In response to Farmer5, your comments are absolutely baffling about Jackson Kenwprth! Jackson states ," I'm very sorry, we're in the wrong..." How in the world can you interpret that as being a "clever smokescreen" and as being"hollow?" jackson kenworth is a gentleman through and through and his sincerely contrite comments reflect this fact. His wife Mary is also a quality person to the core, and both have done a great deal on many levels for the Island. Shame on anyone who would doubt their sincerity as well as their dedication. As for me and my family, we stand with them.

farmer5 chilmark

I'll happily demystify my position for you Scott. No one need feel baffled!
Being contrite, even sincerely so does not mitigate or absolve blame or responsibility. The board is deservedly angry because Mr. Kenworth's actions were not in any way an oversight but deliberate. Secondly; need does not absolve Mr. Kenworth's actions either. His credible restaurant and superior cuisine has nothing to do with the situation he now finds himself in, but rather his decision to circumvent the conditions of his special permit, knowingly and behind the backs of the individuals who originally approved his application. And lastly; invoking the whole local food movement as the culprit behind his actions is just as I said before, nothing but a smokescreen and on the face of it, laughable.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 10:11

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Mark Seruya Chilmark

Of course we love the Jacksons, the food, the spirit they bring & their creations - but it is still a violation.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 14:05

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Local Lady West Tisbury

I agree with farmer5. There has been a long lineage of wonderful restaurants in this exact location, so I'm confused as to the messianic treatment for State Road and the Kenworths. Though they've done a great job of pandering to their pre-built captive up-island clientele. Didn't they build the physical structure from the ground up- kitchen includes- to their exact specifications? I understand that in order to further grow their business they need more space- just like the countless other island businesses that could do more business if they had more space, yet still somehow manage to work within the laws and zoning of their respective towns.
Holding the use of local products over the heads of the town is shameful too- like Farmer5 said- it's a smokescreen... No halfway involved 'chef-owner' is ignorant to the permitting processes and this was a blatant disregard of policy. As they say "it's easier to beg for forgiveness than ask for permission." I hope this isn't the new way of doing things here lest it become a free-for-all for the self-entitled.

Submitted by Anonymous (not verified) on Fri, 08/23/2013 - 14:47

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Bob Mone West Tisbury

It is obvious that Jackson and Mary are very sorry for the violation of their special permit. I think there apology is very genuine and sincere. I think the original permit was very restraining regarding the space needs of a restaurant that serves fresh fish, meat and produce. i hope that the Board of Appeals will move swiftly to approve the use of the already existing space in the building. we will all miss the lunch and breakfast service as we have very few choices in West Tisbury. I really took offense with Mr. Knabel's snide remarks and pompous attitude.

Submitted by Anonymous (not verified) on Sat, 08/24/2013 - 10:01

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Fish guy Vineyard haven

Commercial striped bass season is closed. Where are the getting their "45 pound" striped bass from, and why would they serve such a huge breeding female trophy fish instead of filleting a few more manageable smaller fish? Not to mention what the mercury levels on such a large stripes might be?

Submitted by Anonymous (not verified) on Fri, 09/06/2013 - 10:41

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Kathryn Gidwitz Vineyard Haven/Chicago

My family and I have been going to State Road since it opened. It has been a highlight of our recent summers. The Kenworths meet and greet patrons morning noon and night. Hard work. The food is beyond excellent and the staff professional and courteous. I hope the town will work with the Kenworths to restore breakfast and lunch service and, thus, restore the jobs lost by this action. State Road restaurant is a win win win for all parties concerned including the town.

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