Sidewalk seating regs to be discussed June 8
UPDATED, May 24, 2015: Selectmen have laid out a summerlong timeline and process for establishing a committee to deal with issues related to the Community Preservation Act.
In other key business, Monday, May 18, the board approved, 4-0 (Joseph Curro was absent):
— An interim comptroller, Cindy Fields, and will pay Ruth Lewis, who is retiring from the position, as a consultant during the transition; and
— A six-member Veterans Council, who will provide advice to Veterans Services Director Jeff Chunglo.
“We expect quite a number of applicants,” Town Manager Adam Chapdelaine said of the preservation-act committee, called CPAC. He said he and board Chairman Kevin Greeley worked out the recruitment process.
Screening committee to form
First, a member panel to screen applicants must be formed. Five is the number Chapdelaine recommended, but it could be more. Each selectman is to suggest a name, and the committee is expected to be named at the board’s next meeting, June 8.
Then a CPAC member profile is to be drafted by June 8 and issued with the call for applicants by June 12. The manager suggests the call for applications remain open until July 10.
The aim is to have names of those to interview by July 24.
Selectmen are expected to vote on final recommendations at their first meeting in September. They hope the state attorney general will have approved by then the CPA bylaw that Town Meeting passed this month. In the past, Town Meeting bylaws have received state OKs later in September.
Selectman Dan Dunn noted that if someone serves on the screening committee, he or she will not be the on the CPAC.
“Good point,” Greeley said.
Selectman Diane Mahon asked that all involved should each get a copy of a resume of all applicants.
The board voted in favor of the process, 4-0.
20 apply for comptroller
As to the comptroller, Chapdelaine said 20 had applied and nine applicants made the cut for an initial interview, June 4. A second round is set for June 12.
A decision is expected for the June 29 selectmen’s meeting.
Chapdelaine said that following face-to-face interviews, applicants will be asked to reconcile an account. Such a test helps winnow glowing resumes, he said.
The board’s votes supports Fields in a practical, nonmanagerial role in which she keeps the town accounts straight and signs off on payment warrants at a boost in during the transition.
Lewis, who retires May 31, will be paid $100 an hour as a consultant to help until early August with year-end close-out of accounts and preparation for the annual town audit. Chapdelaine described the hourly amount as “half a consultant.” A memo below explains the proposed arrangement.
The members of the Arlington Veterans Council appointed May 18 are:
Jeff Melton, Steven Sawtelle and Daniel Styffe (their terms to expire 1/31/2018); and
William Hayner, Patrick Quinn, Anmarie Russo (terms to expire 6/30/2018),
Among the issues the council will weigh are those at Monument Square as well as policies regarding flags and parades. All expressed a desire to aid town veterans. Hayner, who served in the Vietnam era, said he felt ashamed after he came home but now feels proud of his service.
Alcohol license, special counsel
In other business, selectmen also 4-0 to approve:
— A special alcohol license (tabled from April 13), which makes these changes:
1. Name from ‘Special One Day License’ to ‘Special Alcohol License’;
2. All such events on town property require a ‘Special Alcohol License’;
3. Fee structure to become $50 for day one, $25 for each consecutive additional day; and
4. License to include alcohol delivery date, pick-up date and serving time.
— Designation of Attorney Jonathan Witten, hired to advise the town about Chapter 40B issues, as Special Municipal Counsel;
— The annual goal-setting meeting with selectman Chapdelaine was set for Saturday, June 27, from 8:30 to 11, in manager’s office.
— Food vendor license for Fenway Market, 203 Broadway, which Samir Shaikh, who owns a similar market in Boston, says he wants to operate as family market;
— Common victualler license for Sugo Italian Kitchen, replacing Francesca at 162 Mass. Ave., and owner Josephine Maniscalco hopes to open by mid-June;
— Sale of wine at the Farmers’ Market by Kipton Kumler, doing business as Turtle Creek Winery; and
— Appointment of Patrick Quinn to the Commission on Disability (term to expire 6/30/2018).
Issues tabled
Selectmen also voted to table until the June 8 meeting:
— Approval of the outside cafe policy, which would include changes discussed May 11 (see the draft copy of the regulations below);
— Approval for Mass. Ave. banners for the Arlington International Film Festival, as Greeley asked that Curro be present for the vote;
— Requested change of manager for an all-alcohol license, Not Your Average Joe’s Inc., 645 Mass. Ave., David Chambers; and
— Placement of sign for Spy Pond Fun Day, Karen Grossman, president, Friends of Spy Pond Park. Dan Dunn noted further discussion was needed following Town Meeting approval of a sign bylaw. Unfortunately, the delay won’t help the Spy Pond event, which is set for May 30.
Draft regulations for seating outside restaurants
Source: Town Counsel Heim
‘Sidewalk Café Permit Application – Town of Arlington, MA
This is an application to the Board of Selectmen of the Town of Arlington Massachusetts, for a permit to place and maintain a Sidewalk Café (an outside seating area for licensed restaurants) on the public right of way in Arlington, Massachusetts described below:
(PLEASE TYPE OR PRINT)
Business Name: _____________________________________________
Business Address/Location:
_____________________________________________
Phone Number/Email:
_____________________________________________
Business Representative’s Name:
_____________________________________________
Name & Address of Building Owner:
Length of Storefront (ft):
_____________________________________________
Width of Sidewalk along Storefront (ft); *1:
_____________________________________________
Length of Proposed Sidewalk Café (ft): _____________________________________________
Width of Proposed Sidewalk Café (ft); *2: _____________________________________________
__________________________________________________________________________________________________
*1: Measure from front Building Wall to inside of sidewalk granite curb edge.
*2: Measure from front Building Wall to outside of Sidewalk Café surrounding border fencing/barrier.
Application Submittal Requirements:
1.) Fee: An annual permit fee of $50.00 payable to the Town of Arlington filed with the Town Clerk.
2.) Site Plan: Furnish a Site Plan (scale diagram) showing the location of tables, chairs, umbrellas, trash receptacles, heaters, barricades, as well as a picture or photograph of the proposed furniture in compliance with the following requirements:
* No person or entity shall cause to be placed within the public ways any furniture without applying for a permit and receiving approval from the Board of Selectmen of the Town. This permit shall be considered separate and distinct from others issued by the Town, including those for common victuallers.
* Ordinarily, the location of the sidewalk café must be directly in front of the business operating the café, and may not extend beyond the side property lines. It shall be sited as close to the building façade as practicable and in no event to exceed twelve (12) feet from the food service door of the establishment.
o Under limited circumstances, sidewalk café areas may be approved adjacent to a storefront, grouped at a distance from the storefronts, or allowed in both positions if a scaled plan showing dimensions clearly establishes:
a) The requested location(s) create the least obstruction for pedestrian access to storefronts, crosswalks and pedestrian circulation, and
b) the location does not extend substantially beyond the side edges of the business (allowing for up to 10 feet of latitude where landscaping, public facilities, utility poles or adjacent seating areas obstruct the front of the business premises), and
c) no more than 256 square feet of the public way would be cordoned off for establishments serving liquor unless the Board determines from the scaled site plan (with dimensions shown) and photos that additional square footage for outdoor seating would not leave less than 36” to the nearest barrier, would not impede circulation, and would not preclude other allowed desirable uses for the public space, and
d) the additional seating does not violate zoning, building, or other code as determined by the Director of Inspectional Services.
* Further, Tables, chairs, benches, food equipment shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum width of three (3) feet and a recommended width of four (4) feet of unobstructed passage for pedestrian traffic.
* In addition, no sidewalk café furniture shall be affixed, erected, installed, placed, used or maintained within five (5) feet of any marked or unmarked crosswalk or handicapped ramp; or within five (5) feet of any fire hydrant, fire lane, call box, or bus stop.
* Unlicensed furniture within the public ways of the Town will be subject to removal with the cost thereof to be borne entirely by the owner. In addition, fines may be imposed by the Board of Selectmen not to exceed $100 for removal, storage or destruction.
* No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. The property owner is responsible for the restoration of the sidewalk or public-right-of-way if any damage is caused by the sidewalk café. Physical barriers bordering/framing a sidewalk café may not exceed four (4) feet in height.
* Lighting for sidewalk cafes is subject to approval during the permitting process. Tabletop lighting may include candles and battery-operated fixtures.
* Well-designed physical barricades surrounding/framing sidewalk cafés are strongly encouraged.
3.) Insurance: The applicant restaurant-owner shall furnish a certificate of insurance providing commercial insurance coverage for bodily injury, death, disability, and property damage liability in the following amounts:
* At least $1,000,000 per occurrence and $3,000,000 annual aggregate for any restaurant serving alcohol as part of its use of sidewalk café space; or
* At least $300,000 per occurrence and $900,000 annual aggregate for restaurants which are either not licensed to serve alcohol or attest that they will not serve alcohol as part of their use of sidewalk café space.
The Town of Arlington shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café. In the event the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. The permit holder shall immediately inform the Town Clerk if insurance under this provision is revoked and shall not operate the sidewalk café until insurance is restated in accordance with this requirement. An insurance certificate naming the Town as an additional insured must be provided to the Office of the Board of Selectmen before any Sidewalk Café/Outdoor Seating Area will be issued.
4.) Indemnification and Acknowledgement of Rights: The applicant restaurant-owner shall also furnish a signed agreement to indemnify the Town of Arlington for its use of public property as a sidewalk café/outdoor seating from any and all claims that may be brought against the Town in connection with such use. Such a signed agreement shall also acknowledge the Town’s rights with respect to its property and the limitations of the permit (attached hereto).
5.) Compliance Requirements: By signing this application, the Applicant agrees to accept and comply with the following requirements:
* All services provided to sidewalk café customer and customer activity must occur within the designated sidewalk café area.
* Permit holder is responsible for proper supervision of the sidewalk café in order to ensure the requirements of this section are met.
* Permit holders must ensure that the requirements for operation are met. These include:
o Patrons must wear shoes and shirts at all times.
o All sidewalk cafes must maintain at least one opening for ingress and egress at all times. All sidewalk cafes shall abide by all requirements of the currently adopted International Building Code and the American’s with Disabilities Act.
o To the extent applicable, sidewalk cafes must adhere to all regulations pertaining to food and beverage enforced by the Board of Health and Board of Selectmen.
o All areas within and surrounding a sidewalk café must be maintained in a clean, neat, and sanitary condition.
o All permit holders shall be required to abide by all federal, state, and local laws.
6.) Other Regulations: By receiving a sidewalk café/outdoor seating permit, restaurants are not exempted from other federal, state, and local laws and regulations. Among other regulations, permit holders must comply with local zoning and state building code requirements and Board of Selectmen alcohol service regulations. Applicants are strongly advised to ensure their plans comply with zoning and state building requirements by contacting Inspectional Services.
7.) Revocation: The sidewalk café permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a sidewalk café permit shall be given in writing 10-days prior to actual revocation and shall specify the area or areas of failure to meet requirements and maintain conditions the Town may have imposed. If, during that period, proof of compliance is made to the satisfaction of designated Town Inspectors by the holder of the permit, the permit shall be continued in force.
* Applicant certifies that all current property taxes due on its licensed premises are paid if property is owned by the Applicant.
* Applicant agrees to permit the Town to periodically verify the accuracy of information contained in this Application and agrees to provide information requested to verify the accuracy of the information and the Certifications contained in this Application.
8.) Term & Non-Transferability: Each Sidewalk Café Permit is valid for one calendar year from the date of issuance and is non-transferable.
I have read and fully understand the above rules and regulations applying to the approval of this permit.
Dated __________, 20___ By: _____________________________________________________
(Signature)
(Print Name & Address) ___________________________________________________________________
OFFICE OF THE BOARD OF SELECTMEN
TOWN OF ARLINGTON
SIDEWALK CAFÉ INDEMNIFICATION AGREEMENT & ACKNOWLEDGEMENT
On behalf of the business applying for a Sidewalk Café (Outdoor Seating) license from the Town of Arlington Board of Selectmen, I, as a duly authorized agent of ___________________________________, a licensed restaurant operating within the Town of Arlington, acknowledge that I seek permission to use a portion of the public sidewalk in front of (or where permitted, adjacent to) the business premises to operate a sidewalk café/outdoor seating area. I understand that a Sidewalk Café permit does not give my business any right, title, or interest in any part of the sidewalk space approved for use.
Furthermore, I, as a duly authorized agent of ___________________________________, agree to hold harmless the Town of Arlington, its officers and employees, for any loss or damage arising from the use of the public sidewalk or the discontinuance of use resulting from an order, demand, or notice of any governmental agency with jurisdiction.
I understand that Board of Selectmen and/or any government agency with jurisdiction may revoke my permit to use public sidewalk space at any time for any reason whatsoever. The permit can be revoked for failure to comply with any terms and conditions of the permit or any agreements between my business and the Town of Arlington or for violation of any of the rules and regulations enforced by Board of Selectmen, the Department of Inspectional Services, the Police Department, or the Board of Health . I understand there will be no refund of any fees or compensation paid to the Town of Arlington.
I further agree to promptly remove any property placed on the sidewalk space or reimburse the Town of Arlington for the cost of moving my business’ property upon receipt of any written notice, demand, or order to vacate the sidewalk space from a governmental agency with jurisdiction.
I certify that I have read and agree with the terms and conditions outlined both here and within the Sidewalk Café Permit Application.
________________________________________ _____________________
Signature Date
May 18 memo from Ruth Lewis on Contracted Support Services
In preparation of my retirement, I have done an analysis of what responsibilities can be distributed among current staff and what work will need to be covered through contracted support services. I am recommending that the Scope of Services for the outside contractor include the following:
• Review and approve journal entries
• Preparation of year end reports for Town Audit
• Review balance sheets for all funds
• Generate balance sheets and supporting documentation for Free Cash calculation
• Answer questions and provide MUNIS support to users
I estimate that the above listed services will take between eight to ten hours per week. If the Comptroller position is not filled by the end of June, it is likely that additional hours will be needed to generate reports that have to be done prior to the beginning of the next fiscal year in addition to making closing and reconciling journal entries. I am able and willing to provide these services beginning June 1, 2015. I propose a rate of $100 per hour (inclusive of travel).
Please let me know if you have any questions or would like to talk about the proposal in more detail.
This summary was published Wednesday, May 20, 2015, and was updated to add draft regulations for seating outside restaurants.
