Image of Elm St. Westfield businesses that currently maintain sidewalk seating. (WNG File photo)
WESTFIELD – The Legislative & Ordinance Committee, chaired by Ward 2 Councilor Ralph J. Figy is working on creating an ordinance to regulate sidewalk cafes. Currently, some of the businesses that put out tables and chairs have a sidewalk obstruction permit from the Department of Public Works.
“We’ve been issuing permits, but it doesn’t really work. A lot of communities have sidewalk café permits,” said First Assistant City Solicitor Shanna Reed at the June 19 L&O meeting.
Reed said the sidewalk has to be big enough, which is one of the issues to be worked through in an ordinance. In some cities, the permit area needs to be contiguous to a restaurant. Reed said if the business were to use parking spaces, which are city property, the city would have to determine the value for that use. “We have to find a way to be consistent, and make sure people are not blocking sidewalks,” Reed said.
“I would think we would want to keep them on a sidewalk rather than in parking spaces. I’m not so sure about parking lots,” said Ward 6 Councilor William Onyski, a member of L&O. He also said smoking may be a concern.
At-large Councilor Dan Allie, who was present at the meeting, asked if there were a minimum width, and Reed said ADA compliance is four feet of sidewalk clearance.
Onyski asked whether the city should set a maximum size; for example, if a sidewalk is ten feet, does that mean the sidewalk café can be six feet. “Or should we put a maximum size and minimum size width,” he asked. Reed said there is no maximum size in the ordinances she’s seen as long as there is enough width.
At-large Councilor Matt Emmershy, also present, asked whether permit costs could be based on square footage of the area. “A four foot stretch would be one fee, eight foot, charge more; the more real estate that they’re tying up there,” he suggested.
First Assistant City Solicitor Shanna Reed speaks with L&O Chairman Ralph J. Figy following last week’s meeting. (Photo by Amy Porter)
Onyski asked about putting out racks of clothes for sidewalk sales.
Reed responded that in that case the business would be directed to the DPW sidewalk obstruction permit. She said the sidewalk cafes would be seasonal, May to October, but more permanent than a sale. She said she has examples from other communities. “I think the big one is there are going to be sidewalks not wide enough to accommodate and be ADA compliant,” she said.
Onyski asked about liability, and Reed said they must be removable and include lighting. He also asked whether the tables and chairs would be put away at night, and Figy responded that more than likely they would be chained in place.
Figy said there are also issues on how they would be barricaded. He said with the application for a license and fees, there is a lot to think about.
The motion on creating an ordinance to regulate sidewalk cafes was continued and is on the agenda for the L&O meeting this Wednesday, June 27 at 5 p.m.
