Brookline Officials On Restaurant's Bid For Seating

BROOKLINE, MA — Clover, the vegetarian fast food restaurant known for their healthy (and delicious) take on sandwiches and platters, confirmed to Patch it was closing this month. The owner, environmentalist Ayr Muir said it mainly had to do with the size of the take-out spot in town.

But the owner of the chain also mentioned he'd run into some confusion and challenges when he went to Town Hall to change the zoning at Brookline Village restaurant zoned only for take-out.

"We tried really hard and for a while and even got tables, but they made us take them away. I even hired lawyers," said Muir who added that one of the boards he was working with issued a green light for him to introduce seating, which would boost his business. "It was a very complex challenging process with the town," he said.

That part raised some concern among residents who read the story and commented on social media, lamenting the town's possible role in the departure of Clover after its 5-year lease was up.

But town officials said they tried to help Clover navigate the way to getting seats.

When an establishment decides to go from a Food Vendor (take out only – no seating) to Common Victualler License (seating) they are required to provide public restrooms pursuant to the Plumbing Code. In addition, the restrooms are required to comply with the Architectural Access Code. This is applicable to all establishments under State Law and is a common occurrence around Brookline for someone opening a restaurant with seating, said Dan Bennett Brookline's Building Commissioner.

"The Building Dept worked with Clover staff on apply for and receiving a Common Victuallers license from the Brookline Select Board on the condition a handicapped accessible bathroom be installed as required by State Law," said Bennett.

Pat Maloney Director of Environmental Health at the Health Department, which the other of the two local agencies who work with restaurants to ensure they meet the requirements to open, said he, too, worked with Clover.

When the restaurant first opened they wanted to test being a take-out establishment, so they applied only for a food vendor license. He had the space and Maloney said he remembers having a discussion with them letting them know that if they wanted to change to a Common Victular License (which includes tables and seating), they'd have to come into current state code standards regarding bathrooms and accessibility.

The bathroom was up some steps and through a bit of the kitchen, but in order to get seating formally approved, the restaurant would have to move the counter back somehow make the access to the bathroom accessible to people with disabilities and have both a men's and women's restroom.

"The big one was the bathroom. At that time he decided not to pursue that," said Maloney.

As time went on Clover decided to add seats. Because it’s an older building Maloney said the department gave him the option of having a waiver on the two bathroom aspect of the compliance and he could just have a unisex bathroom instead, which would be less costly.

"We did tell him that if you apply for a waiver we, the Health Department, would support a waiver where we’d say you’d still just have to have the bathrooms accessible," said Maloney.

And so, the Health Department did recommend the waiver for Clover to have just a single unisex bathroom to the licencing board, to whom Clover applied for a common victual license.

Maloney said he saw plans from the restaurant that illustrated a concept that would add a ramp where the stairs were leading to the bathroom.

The next step would have been for Clover to apply to the State Plumbing Board for a unisex toilet using that waiver.

But Bennett remembered it differently.

"Representatives of Clover Food did not want to provide an accessible bathroom, they wanted to be allowed to use the existing inaccessible employee bathroom. This is not something that can be approved by the Plumbing or Building Inspectors. Staff provided the Clover Food representatives the paperwork and process to waive these requirements through the State Plumbing Board and Architectural Access Board," he said.

On March 17, 2017 the Architectural Access voted to deny the request made by Clover Food Lab to provide seating with no public toilet room, according to Bennett.

A follow up request to Clover for clarification met no immediate response to Patch.

"All I know is that we gave favorable recommendation," said Maloney who only heard about the planned closure from Patch. "That’s unfortunate. He was a significant part of the Village. Even the Board of Selectmen supported them."

Maloney said he was sad to see Clover go, describing them as ahead of the curve when it came to healthy eats and sustainable practices.

Two businesses - a pizza shop and a Thai restaurant - near the American Legion just applied and were granted common victual with the caveat they install accessible toilets. Both were granted waivers to do so, said Maloney.

Previously on Patch: Clover Food Lab In Brookline Village Is Closing

State law related to restaurants: Chapter 22/Section 13A

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Photo by Jenna Fisher/Patch