Town May Ease Restrictions on In-Store Dining
With the weather and the resort season warming up, the East Hampton Town Board turned its attention this week to proposed town code changes about seating at takeout food shops as well as outdoor dining at restaurants and on sidewalks in downtown Montauk.
Takeout food shops are now classified as retail stores, and a number of delis, bakeries, and similar shops have seating areas. “The truth of the matter is, we have a number of retail food stores that have seating, and currently seating is not permitted,” Town Supervisor Larry Cantwell said at a board meeting on Tuesday. “It’s occurred, and it’s grown over time.” While he commented that such unsanctioned use “by itself shouldn’t drive our decision,” he said changing the code was “something that we should do.”
From informal personal observation, Mr. Cantwell said, seats in certain food shops have not caused parking congestion or other problems. Councilman Peter Van Scoyoc agreed. “The practice has been going on, and with seemingly no impact” or complaints, he said. “It makes sense, it’s common sense. I think it’s time for this to happen,” Councilwoman Sylvia Overby, the liaison to the town’s business committee, added.
In 2008, the town had recognized that seats were popping up in takeout shops and discussed legalizing them, but nothing came of it. Since then, however, the town has in general looked the other way.
No more than 16 seats would be allowed under the proposal, based on a Suffolk County Health Department rule. The seats could be set up indoors or outdoors, if the store has its own property to accommodate them. Seats on adjacent public land, such as a sidewalk or right of way, would not initially be allowed, although should the current proposal be approved, that would be considered by the business committee and the town board.
“By permitting this, we’re also setting some limits,” Mr. Cantwell said — particularly the 16-seat maximum. Once the guidelines are in place, he said, “I think we have a responsibility to enforce those limits.”
Lew Gross, an owner of 668 the Gig Shack, a Montauk restaurant, called the proposal “commendable,” but suggested that food shops with seats should be required to provide public restrooms. “If you’re going to give them the allowance . . . they should be contributing back to the community,” he said.
The code change would create a new definition of “takeout food store,” Beth Baldwin, a town attorney, explained on Tuesday. Tea and coffeehouses, ice cream shops, bakeries, delis, gourmet food shops, and the like would be included.
Outdoor seating at restaurants was brought before the board by Nancylynn Thiele, another town attorney, who said some clarifications were needed.
Under the law, a restaurant may have up to 30 percent of its seats outdoors, on its own property, without special permission. Ms. Thiele said the law should make it clear that a business could seek approval for a larger number of seats through the planning board’s site plan review process.
A code revision on outdoor dining on sidewalks in the Montauk downtown area, which is to get underway as a pilot program this summer, is also needed, Ms. Thiele said. While the town law includes a requirement that dining areas in a public right of way be partitioned if alcohol is to be served there, the State Liquor Authority precludes consumption of alcohol in such public areas.
Board members asked whether there was a way for a restaurant owner to obtain S.L.A. permission to serve drinks in sidewalk dining areas. “Being civil and having a glass of wine is one of the luxuries of sitting outside and having dinner,” Ms. Overby commented.
The liquor authority allows liquor consumption in places where the dining area is contiguous to the restaurant building, Michael Sendlenski, the town attorney, told the board. Some eateries may be able to meet that standard, while many may not, he said.