Select Board updates outdoor dining policy

The Select Board adopted a new outdoor dining policy on June 5, but not without pushback from some residents concerned about the potential impact on parking and local businesses.

During the height of the pandemic, many municipalities, including Marblehead, allowed restaurants to expand their seating areas onto sidewalks, streets and other public spaces to accommodate social distancing requirements and reduce the spread of the virus. The new policy is a formalization of those temporary measures that were put in place during the COVID-19 pandemic to help struggling local businesses stay afloat.

At the board meeting, Marblehead resident Albert Jordan argued that the policy would allow restaurants to monopolize public parking spots for extended periods without proper oversight.

“Restaurants are tying up these spots 24 hours a day to be used a couple hours a day,” Jordan said. “Let them buy a bigger building and have the seating.”

He suggested limiting the use of parking spots for outdoor dining during peak summer months to ensure access for other businesses and their customers.

 “We should use common sense here,” Jordan added. “This is town property we’re talking about.”

Five to six restaurants have applied for outdoor dining permits in past seasons.  Town Administrator Thatcher Kezer and Marblehead Chamber of Commerce Executive Director Katherine Koch said the alfresco dining proved popular with both restaurant owners and patrons, leading to increased demand for outdoor dining solutions.

“The businesses that have to expand into public property have some more legwork to do, but I’m really proud of them for persevering,” said Koch. “The town wants to keep promoting tourism and supporting businesses to help them thrive.”

The Barrelman’s bartender, Sammie Farrar, said outdoor dining has been very popular with customers, despite the loss of a few parking spots.

“People just enjoy having that [outdoor space]. We get so many questions about it,” Farrar said. “Personally, I’d rather have it than not.”

Regarding concerns about parking, Farrar said most patrons find alternatives.

 “We don’t really get complaints,” she added. “People will walk or get dropped off.”

The Barrelman’s chef, Nick Venezia, agreed the outdoor space is a big draw.  

“If people are coming here on a nice hot sunny day, they are gonna be filling that out front (area) first, and then there’s more people coming,” he said. “It attracts people in a good way.”

Shubie’s doesn’t take up public parking spots, but it offers outdoor dining in its abutting parking lot.

“The outdoor seating during COVID really opened people’s eyes to continuous outdoor dining,” said Carol Shube, owner of Shubie’s. She said they lost some parking spots to the dining area but the trade off was “so worth it”

The policy outlines requirements restaurants must follow, such as prohibiting smoking and pets (except service animals), and properly handling trash and recycling “to prevent things from blowing around,” Kezer said.

“Outdoor dining areas must be contiguous to the restaurant’s establishment,” explained Kezer. “But we’ll have some flexibility in defining ‘contiguous’ based on the specific configuration.”

Restaurants must apply through the Select Board’s office and adhere to Americans with Disabilities Act, fire, building and zoning codes. Approvals can be revoked if outdoor dining negatively impacts public health and safety.

“We want to allow it, but in a responsible way that doesn’t create nuisances,” said Select Board Chair Erin Noonan. “The application process lets us review each case thoroughly.”

The move to formalize the policy, meanwhile, comes after Town Meeting voters adopted a 0.75% local meals tax in May. Marblehead was among the last towns in the region to implement such a tax.

If an application is approved, capacity for the outdoor seating will be capped based on the restaurant’s indoor occupancy limit.

Kezer said the goal is to support local eateries while balancing community needs. The outdoor dining season will run Memorial Day through October.

“I’m sure we’ll have some lessons learned,” Kezer said. “As we gain experience, we can modify the policies as we move forward.”

Marblehead resident Lia Gorbach is the Current’s college summer intern. She is pursuing a journalism and business degree from the University of Maryland.