Armed with a detailed “Outdoor Dining Design Guidelines and Manual,” prepared for the town by the Pare Corporation, the Town Council voted last Wednesday, March 29 to formally approve seasonal (May through October) outdoor dining in certain otherwise-public spaces in town, notably on lower State Street.

According to the plan, the outdoor dining area is to be an extension of an existing restaurant's "dining area" and is not to be considered a public space when it is being used as such; therefore, just as with indoor dining, it is the business's responsibility to ensure that minimum safety and Americans with Disability Act (ADA) requirements are maintained at all times.

In addition, restaurants must remain mindful of both the safety and flow of pedestrian traffic and the visual appropriateness of their outdoor dining infrastructure.

In order to add an Outdoor Dining Permit, restaurants must submit applications that include confirmation that at least 4 feet of unobstructed sidewalk space will remain for pedestrians, photos or other visual materials that verify that the proposed furniture conforms to guidelines, and a schedule of planned operations.

The town will evaluate proposals for conformance. Once approved, the dining area shall be permitted to remain open during approved times, except during special events or if there is a need for street maintenance or a significant storm event. The restaurant must construct and complete their site within four weeks of approval; inspection of the site will be required by the Town. Restaurants must reapply annually, and pay an annual $100 permitting fee.

Additional guidelines include everything from landscaping (maintained and drought resistant), Proper trash disposal (yes), and smoking or vaping (no.)

Mixed reaction among Council
Calling the plan one of the best he has seen, Town Solicitor Michael Ursillo suggested that the proposed ordinance be amended to require that submitted design plans be prepared by a professional engineer or architect.

“It's very difficult when you're doing this type of operation on a public street to have someone come in with a handwritten drawing,” he said. “Given the public safety aspects of putting tables out on the street…it’s critical that a professional actually prepares that plan.”

Ursillo also noted that this ordinance applies only to dining on public streets, not the sidewalks, for which the Town already has an ordinance in place. This ordinance also does not impact what small business owners do on their own property, such as an adjacent parking lot.

Two Councilors, Nathan Calouro and Tony Teixeira, had fundamental concerns with the plan.

“I’m not going to be voting for this,” said Calouro. “Not because I don't support the restaurants…but I don't believe that exclusive use of public land should be based on your ability to pay.”

Calouro also expressed concerns about a plan that decreases the number of parking spaces on one of the most congested streets in downtown Bristol. “At the end of the day my objection is is primarily because I believe this (land) belongs to the public. I voted in favor of moving forward with the engineering study, because if this is going to move forward it should be done right.”

“I really do wish everyone well,” Calouro continued. “I just don't support this in the grander scheme of benefiting all; I feel like we're playing favorites…I don't think it's fair, but at the end of the day I think this was well thought out. I just won't be voting yes.”

“I just can't picture (what we will do) when (for example) Leo's comes before us and says, ‘Well, I’d like to take up three or four spots on Church Street,” said Teixeira. “I’m not quite sure how that's going to be dealt with.
“I think the guidelines are very good. But I’ll be voting against this ordinance.”

Councilors Mary Parella, Aaron Ley, and Tim Sweeney voted in favor, ensuring the ordinance’s passage in time for the summer 2023 season. “I think this ordinance is a step in the right direction,” said Sweeney.

Ley agreed. “We’re creating a better experience downtown that will bring the Town more revenue, and I just think it makes a lot of sense at this point to try it.”