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Bolton P&Z extends temporary outdoor dining through Nov. 30, 2021
Summary
The Bolton Planning & Zoning Commission voted unanimously Sept. 9 to amend zoning regulations to permit outdoor dining established under the governor’s 2020 Executive Order to continue through Nov. 30, 2021, with the Zoning Enforcement Officer authorized to suspend operations if they create safety or nuisance risks.
The Bolton Planning & Zoning Commission adopted a temporary zoning amendment Sept. 9 allowing outdoor dining that operated under the 2020 Gubernatorial Executive Order 7MM to continue until Nov. 30, 2021, and authorized the Zoning Enforcement Officer (ZEO) to suspend or terminate permits if weather or other conditions create a nuisance or health and safety risk. The motion passed unanimously, 7–0–0.
The amendment (new section 3B4.f.) states that operations covered by the Executive Order may operate through Nov. 30, 2021, that the extension does not create any nonconforming rights, and that the period between the suspension of the state of emergency and Nov. 30, 2021, is a complete waiver of any claim of nonconforming rights under local, state or federal law. The regulation is effective on the date of publication.
Commissioners debated the appropriate length and enforcement approach during a public hearing. Thomas Robbins argued for an extension through Nov. 30, 2021 to give businesses more time to adapt through two summers and a winter; James Cropley said he would prefer making outdoor dining permanent but other commissioners raised concerns about parking, septic capacity and winter seating configurations. Patrice Carson, the town’s consulting director of community development, said the draft amendment would allow the town to be proactive if the governor’s order were not extended.
Liz Fahey, owner of Parkside Pizza, told the commission that outdoor seating on her lawn has allowed families to dine in a safer environment and that her restaurant, which relies heavily on takeout, had limited indoor capacity. "People are still nervous about inside dining," Fahey said, adding that a winter tent would not be financially feasible for her business and that she would welcome the continued outdoor option.
Zoning Enforcement Officer Jim Rupert said he had not heard complaints about outdoor dining but would check with the Health Department; commissioners adjusted the resolution language to give the ZEO clear authority to suspend or terminate permits when necessary. The commission closed the public hearing at 8:16 p.m. and then adopted the amended regulation by unanimous vote.
The amendment allows Bolton restaurants that complied with Executive Order‑issued permits in 2020 to continue outdoor operations through Nov. 30, 2021, unless suspended by the ZEO. The commission noted potential issues — including traffic pattern changes and septic system constraints — that the ZEO and health officials will monitor.
