Published June 11, 2020
By MAUREEN DOHERTY
NORTH READING — Nearly three months after all “non-essential” businesses, such as restaurants, were forced to shutter their operations to stem the tide of novel conoravirus transmission, with the exception of “grab and go” call ahead takeout orders, the state’s restaurants are partially back in the game.
Phase 2 of the four-part phased re-opening of the entire state went into effect on Monday, June 8 enabling restaurants to seat patrons on their patios as long as six-foot minimum social distancing can be observed and the separation meets ADA requirements and other health and safety precautions are taken, including limiting seating to six people per table, beefing up hand washing and sanitation stations, and requiring face coverings unless eating. Servers will wear face coverings all the time. That was the easy part.
But since doing so cuts down considerably on the number of patrons who can be served on a patio and many restaurants don’t have patios, lawmakers worked with the ABCC (Alcoholic Beverage Control Commission) to provide guidance to cities and towns and came up with a temporary solution — allowing restaurants to set up open-air patios, or patios covered with large unenclosed tents that permit air circulation, on their property, and it some cases, on the municipality’s property (such as town sidewalks or parking lots) in the event land is scarce and liability insurance riders are in place.
The new regulation also allows the local licensing authority to review the plans and vote whether or not to grant the expansion of the existing liquor license to areas of the property that were not originally intended to permit drinking without have to go through a separate approval process again with the state ABCC.
Many of North Reading’s restaurateurs were on board immediately and the town’s Select Board, as well as the public safety, inspection, and administrative divisions, worked swiftly to draft and adopt the temporary rules that will enable these businesses to take advantage of the warm weather and salvage some of their losses.
Predicting that Gov. Charlie Baker would announce last Saturday that restaurants could proceed with such plans as of Monday, June 8, the town scrambled last week to put together the rules. Then, the Select Board called a special meeting for Friday afternoon at 4 p.m. and greatly simplified these requirements — even allowing sketch plans and photographs with notes — all of which would be verified in the field by the safety inspectors.
An hour later, after a 5-0 vote, the Select Board emerged with a document that Town Administrator Michael Gilleberto tweaked and posted on the town website Friday night to enable the restaurant owners to work on over the weekend. The board also called another meeting, for 5 p.m. this past Tuesday to review and potentially approve the applications.
As promised if the restaurant owners submitted their applications by noon on Monday, June 8, the safety inspections and building inspectors would conduct site visits in time for Tuesday’s meeting.
Gilleberto reported that eight applications were received by the deadline. One was returned because it was incomplete, but it could be resubmitted. Another was withdrawn after Andrea’s Pizza decided to look further into the parking lot liability.
The T.A. explained that Nan’s Cafe had applied for sidewalk tables but it was determined during the site visit that the sidewalk was not wide enough but they will consult with the landlord to see if it’s possible to use a portion of the south side parking lot.
Five are good to go
After narrowing the field down to five eligible restaurants, both Gilleberto and Police Chief Michael Murphy, as Public Safety Director, recommended the Horseshoe Grille, Kitty’s, Mario’s, Joe Fish and Dos Lobos for approval.
The Select Board granted approval in two separate motions as Chairwoman Kate Manupelli chose to abstain from the vote on Dos Lobos and Joe Fish because her daughter had worked at Does Lobos and these two restaurants have an owner in common.
The application for Joe Fish and Dos Lobos carried by a 4-0 vote with one abstention. The permit will be held until the tents are inspected again and it is determined they can withstand the 90 mph winds with the proper weights in place. These weights were due to arrive Tuesday night and be inspected Wednesday morning.
The vote to approve outdoor seating locations at Horseshoe, Kitty’s and Mario’s was unanimous, 5-0.
Kitty’s does not have a plan for a tent yet but they will be looking to set up the outdoor dining area in the northerly side lot, between the restaurant and the Heritage building.
Mario’s is looking to locate three tables on the sidewalk outside the restaurant in CVS plaza.
The Horseshoe had existing patio space that was already being put to use by lunchtime on Monday and subsequently sought and received approval for a large tent set up in the rear lot.
All restaurants that were approved had the proper insurance as required and none were seeking to use town property for their outdoor dining areas.
The new regulation stipulates that at least 50% of any side walls on the tents remain open. These tents also must be able to withstand hurricane-force winds of up to 90 mph.
The permits are valid through Nov 1, 2020 or until Gov Baker rescinds his order number 35 issued under his original state of emergency declaration.