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Bolton advisers say Zoning Enforcement Officer will handle outdoor dining approvals under governor’s order
Summary
At its May 13 meeting the Bolton Planning & Zoning Commission said the governor’s executive order allows the town’s Zoning Enforcement Officer to approve temporary outdoor dining; staff will circulate guidance to restaurant owners and answer questions about tents, events and safety codes.
At a virtual meeting May 13, 2020, the Bolton Planning & Zoning Commission confirmed that local approval for temporary outdoor dining will be handled by the town’s Zoning Enforcement Officer under a state executive order, not by the commission.
Patrice Carson, AICP, consulting director of community development, told the commission that "restaurateurs can be approved right away through the Zoning Enforcement Officer by submitting a site sketch and a narrative." Carson said proposals must meet public health and fire codes and that owners who disagree with a ZEO request for additional information may appeal to the commission, which would require waiting for the next meeting.
The exchange followed public comments from Elizabeth Fahey, an Andover resident, who said she and a partner are preparing to open Bolton Pizza at 270 West Street and asked about adding a walk-up window for ice cream service. Carson said she will send guidance to Bolton restaurant owners explaining the executive order and the review process.
Owners and venue operators raised questions about distinctions between outdoor dining and private events. Asim, of A Villa Louisa, asked whether an event tent or band would be allowed; Zoning Enforcement Officer Jim Rupert and Carson said the executive order applies specifically to outdoor dining and that tents must meet building and fire codes. "The executive order has nothing to do with events; events are not permitted, it is specific to outdoor dining," Rupert said. Carson added that, under the order, entertainment such as a band would not be permitted and that alcohol service is allowed only when accompanied by food.
Commissioners also heard concerns about tax and revenue impacts from canceled events. Sandra Pierog said taxpayers may postpone payment without interest and penalty until Oct. 1, 2020, but warned that any unpaid balance at that time will accrue interest beginning July 1.
Carson said the ZEO can immediately review and approve outdoor seating proposals on a roughly ten-day turnaround if applications are complete; she urged owners to submit a site sketch and narrative to the zoning office so staff can review compliance with health and fire requirements. The commission did not take any formal action on the agenda items related to temporary emergency site-plan review or a temporary emergency zoning permit, noting they are obsolete while the executive order is in effect.
The commission’s guidance is administrative; property owners who proceed should follow the ZEO’s directions and the town’s forthcoming written guidance for specific submission requirements and spacing rules.
