Depew planning board backs temporary outdoor seating for Nickel City Brews

The Village of Depew Planning Board on June 5 voted 4-0 to recommend that the Village Board approve a temporary exterior seating area for Nickel City Brews at 5175 Broadway, Unit 1.

The recommendation follows a presentation by owner Brian Zittle, who told the board the landlord has given permission to use four parking spaces and that the plan calls for "probably 4 picnic tables with umbrellas" placed in protected parking stalls so customers can "sit outside in the sunshine." Zittle said the operation would be seasonal and tied to his existing hours (currently Tuesday through Thursday 3 p.m. to 10 p.m. and Friday–Saturday 3 p.m. to 11 p.m.).

The board’s endorsement included a stipulation that the barriers around the seating area be white and that the business comply with applicable village zoning standards and the state liquor authority's perimeter rules. Legal counsel Sam directed the applicant to follow the village's commercial outdoor-dining requirements, citing section 260-33 of the village code. Code enforcement and board members discussed barrier type, continuity (no gaps), and aesthetics; Zittle said he plans white, water-filled barriers with planters and branded panels to make the area look like part of the taproom rather than a construction zone.

Board members and staff emphasized operational details the applicant must satisfy before opening. Among the items discussed were: a fully roped perimeter for the New York State Liquor Authority, refusal of banners due to wind safety, refuse containers outside the seating area, temporary lighting only, no live music outdoors, and coordination with code enforcement and other agencies. Zittle said the seasonal window known to the board runs from April 1 to Nov. 1 and that the seating would be removed and stored when not in use.

Motion and vote: Member Matuszak moved to recommend Village Board approval of the site plan as submitted with the stipulation that the Jersey-style barriers be white and that the operator follow the village zoning standards; Member Spencer seconded. Roll-call votes were recorded in the affirmative by Member Soja, Member Matuszak, Member Spencer and the chairman. The motion carried 4-0.

Zittle said he hoped to open the seating as soon as permits and liquor-authority approval were secured. Code enforcement and legal staff told him the offices would help guide him through permit conditions and safety requirements before the seating area becomes operational.