Bolton commission sets Sept. 9 hearing on plan to extend outdoor dining beyond governor's order

The Bolton Planning & Zoning Commission voted Aug. 12 to hold a public hearing on Sept. 9, 2020, at 7:45 p.m. via Zoom to consider amending zoning regulations to extend outdoor dining authorized under 2020 Gubernatorial Executive Order 7MM.

Patrice Carson, consulting director of community development, told commissioners that four Bolton restaurants (Georgina's, A Villa Louisa, Subway and Parkside Pizza) have operated outdoor seating without nuisance complaints. Chairman Adam Teller and other commissioners said extending the temporary permissions would help businesses operating under pandemic-related capacity limits.

The draft amendment presented to the commission would permit any outdoor dining that has not been the subject of a zoning enforcement action and that is operating under the 2020 executive order to operate until Nov. 30, 2020, while stating explicitly that the extension does not create nonconforming rights. The draft further authorizes the Zoning Enforcement Officer to suspend or terminate an extension if weather or other changed conditions at a particular site constitute a nuisance or a risk to health and safety; the ZEO, with concurrence from the fire marshal and public health authorities, may grant a further extension for no longer than 14 days if it would not create a risk.

Chairman Teller moved to set the public hearing; Commissioner Thomas Manning seconded and the motion passed unanimously, 7-0-0. The hearing will be held via Zoom on Sept. 9 at 7:45 p.m. (per the commission motion).