[HISTORY: Adopted by the Annual Town Meeting of the Town
of Wakefield 5-14-2012 by Art. 26. Amendments noted where applicable.]
[Amended 11-5-2018 RTM
by Art. 17; 11-5-2018 RTM by Art.
21]
It is unlawful for anyone to operate a sidewalk cafe without
obtaining a sidewalk cafe street use permit from the Town Council
and without complying with all the provisions of this chapter, provided
that the requirements of obtaining a permit and permit procedures
do not apply to street maintenance work performed by the Town of Wakefield
or the Wakefield Municipal Gas and Light Department, or street improvement
work authorized and administered by the Director of Public Works.
The permit contemplated hereby applies only to sidewalks located within
public ways, as any cafe or other use of abutting property is governed
by the Zoning Bylaws.
The purpose of this chapter is to protect the Town and its inhabitants
from the unregulated installation, use or maintenance of outdoor dining
areas on public streets, sidewalks and other public properties. The
unregulated installation, use or maintenance of outdoor dining areas
on public streets, sidewalks and other public properties will result
in obstruction of sidewalks that will interfere with the public's
right to unhampered passage thereon, will damage municipal property
because of chaining street furniture to poles, traffic standards,
street trees, and other fixtures, will interfere with the performance
of required municipal services, will create unsightly conditions and
will endanger the safety and welfare of the inhabitants of the Town.
Any entity regulated by the State Sanitary Code, 105 CMR
590.000.
The area or space of the public place or roadway that is
reserved for the exclusive use of pedestrians. Street furniture, plantings,
and other obstructions shall not protrude into this corridor.
Includes streets, avenues, ways, boulevards, drives, places,
alleys, sidewalks, and planting strips, squares, triangles, plazas,
and right-of-way for public use and the space above or beneath its
surface, whether or not opened or improved.
A portion of the public place in which tables and chairs
are placed for the use of patrons consuming food or beverages, including
alcoholic beverages, that is operated by a food service business located
on abutting property.
A permit issued by the Wakefield Town Council to provide
seating and/or to operate a food service business that provides food
or alcoholic beverages on a public street or sidewalk. No person shall
operate a food service business or sidewalk cafe unless such person
has obtained a valid permit, to operate that business in such a manner,
pursuant to this chapter.
[Amended 11-5-2018 RTM
by Art. 17]
A.
A sidewalk cafe street use permit is seasonal and expires on November
1 each year. Applications are available from the Town Council's
office. The initial application fee is $300; renewals are $75 per
year. Applications must be complete at the time of filing. The Town
Council will prepare a legal notice that is posted at Town Hall and
on the Town website and published in a local newspaper at least 14
and seven days and prior to the assigned hearing date. Notice is mailed
by first-class mail to abutting property owners.
[Amended 11-5-2018 RTM
by Art. 17]
B.
Applicants for a sidewalk cafe street use permit must review and
amend, as necessary: Zoning Board of Appeals decisions, Board of Health
permits, common victualer's, entertainment, beer and wine, all
alcoholic licenses and any other permits and licenses of the primary
business and premises where the sidewalk cafe is proposed.
C.
When a complete sidewalk cafe street use permit application is submitted,
the Town Council will provide a notice form to the applicant. The
notice form will include the application date, proposed sidewalk cafe
dimensions, and comment period dates, as well as provide information
on how the public can comment on the pending application. The applicant
must post this notice in a prominent place at the proposed location,
clearly visible from the adjacent sidewalk area. The notice form must
be continuously posted for at least 10 business days before the public
hearing. An inspector, under the direction of the Town Administrator,
will verify the notice is posted during the public comment period.
[Amended 11-5-2018 RTM
by Art. 17]
D.
The hearing before the Town Council is open to public comment. The
Town Council may disapprove an application or approve the application
as submitted or conditionally approve the application for a sidewalk
cafe street use permit. If approved, the applicant may request renewal
of the sidewalk cafe street use permit on or before March 31 of each
year. A sidewalk cafe street use permit is void when: the business
changes ownership; the permit duration expires; or fees are not paid
as required.
[Amended 11-5-2018 RTM
by Art. 17]
E.
The Town Council may modify the conditions of a sidewalk cafe street
use permit, including permitted hours or days of operation, after
providing the permittee with written notice 10 days before modifying
the sidewalk cafe street use permit.
[Amended 11-5-2018 RTM
by Art. 17]
F.
All sidewalk cafe street use permits are of a temporary nature, vest
no permanent rights, and are revocable. Sidewalk cafe street use permits
shall not be transferable or assignable.
G.
The Town Council may suspend any sidewalk cafe street use permit
for transportation, public safety purposes, or to coordinate with
parades and special events authorized and permitted by the Town Council.
[Amended 11-5-2018 RTM
by Art. 17]
Applicants for a sidewalk cafe street use permit must complete
and sign the sidewalk cafe street use permit application. By signing
the permit application, the applicant agrees to defend, indemnify
and hold harmless the Town of Wakefield. A sidewalk cafe street use
permit cannot be transferred or assigned. To submit a complete sidewalk
cafe street use permit application, the applicant must provide the
following information along with his or her signed application:
A.
A certified abutters list of all property owners within 300 feet
of the proposed site.
B.
Three copies of a legible site plan including the following:
(1)
North arrow;
(2)
Name and location of adjoining streets or alleys;
(3)
Width of adjacent sidewalks;
(4)
Location of existing improvements (for example, utility poles, parking
pay stations, bus shelters, sign posts, tree pits), identifying the
distance of each from nearest edge of the proposed sidewalk cafe area;
(5)
Location of property lines and dimensions of the sidewalk area proposed
for cafe use;
(6)
Sidewalk width remaining for pedestrian zone and pedestrian visual
corridor;
(7)
Location and dimensions of any proposed installations in the sidewalk
area associated with the sidewalk cafe;
(8)
Location of abutting building exits and entrances;
(9)
Location and number of tables and chairs;
(10)
If fencing, bollards and chains, or planters are proposed, details,
including materials, dimensions, and installation method;
(11)
Location of existing and proposed landscaping; and
(12)
Location and description of adjacent parks, adjacent streets
that are closed to traffic, or adjacent public plazas available for
pedestrian travel.
(13)
Letter of authorization form signed by the property or business
owner, verifying that the sidewalk cafe will be operated by a food
service business that is permitted by the Town of Wakefield's
Health Department. This letter of authorization form can also be used
to authorize an agent to apply for and obtain the sidewalk cafe permit
on the owner's behalf.
(15)
Certificate of $1,000,000 liability insurance with the Town
of Wakefield as an additional policy holder. Include a copy of the
certificate.
[Amended 11-5-2018 RTM
by Art. 17]
If Board of Health review or additional permits are required,
the Town Council will not issue a sidewalk cafe street use permit
until all permit requirements are met.
[Amended 11-5-2018 RTM
by Art. 17; 11-5-2018 RTM by Art.
21]
A.
Building Inspector review is not required for all proposed sidewalk
cafes in the public right-of-way, but may be required in certain circumstances,
including:
(1)
If the only legal exit path is through the food service business,
and if the Building Inspector determines that interior alterations
are needed to comply with building code standards and limits to the
number of occupants, then a building permit for the alterations may
be required;
(2)
To the extent that any cafe occupies any part of a lot adjacent to
a sidewalk, it constitutes a use subject to the Zoning Bylaws for
which approval from the Building Inspector is required.
B.
If Building Inspector review or additional building permits are required,
the Town Council will not issue a sidewalk cafe street use permit
until all permit requirements are met.
[Amended 11-5-2018 RTM
by Art. 17]
The following standards apply to all sidewalk cafes in a public
place. The Town Council has the discretion to require more strict
standards or require specific conditions to the sidewalk cafe street
use permit given specific site characteristics.
A.
No sidewalk cafe can occupy more than 100 square feet and must be
adjacent to the building's property line street wall.
B.
No sidewalk cafe can be within five feet of the curbline where diagonal
parking is allowed.
C.
The useable area of a sidewalk cafe must have an entrance/exit directly
to the public place.
D.
The sidewalk cafe must be accessible and detectable as required by
ADA guidelines.
E.
Only retractable, operable awnings that extend a maximum of 4 1/2
feet are allowed to cover sidewalk cafes.
F.
No fixed or partial enclosures are allowed.
G.
All furniture must be movable and not permanently affixed. All seating,
tables, service furniture, planters, bollards, menu boards, podiums
must be movable in order to accommodate wheelchair access.
H.
The public place around the sidewalk cafe must meet ADA guidelines.
(See clear pedestrian zone below.)
I.
All bollards and fencing are detectable by cane.
J.
Sidewalk cafes may not encroach into tree pits or the corner curb
radius area.
K.
Umbrellas, A-frame signs, portable signs, planters, or any other
encroachments are not allowed in the pedestrian zone.
L.
Electrical cords or strings of lights may not be strung over or be
placed on the pedestrian zone.
M.
No platforms or other site-leveling structures are allowed.
N.
No heating elements are allowed within the footprint of the permitted
sidewalk cafe area.
O.
The installation and use of speakers and other amplified sound is
not allowed.
A.
A designated
five-foot-wide linear pedestrian zone is required for all sidewalks.
The pedestrian zone is measured from the outside edge of the sidewalk
cafe fencing or fence post base to the nearest obstruction, for example,
a tree pit or tree grate, news box, bicycle rack, sign post, or other
similar object. If no obstruction exists, the pedestrian zone is measured
to the back of the curb. The linear pedestrian zone shall be generally
straight and with no sharp or jagged turns that impair pedestrian
circulation. If the only ADA access path to the sidewalk cafe is through
the building, the review and approval by the Building Inspector is
required.
B.
The Town Council may require more than the minimum pedestrian zone
widths in order to provide for pedestrian passage, traffic management,
or any other public use purpose. Examples of where the Town Councilors
may require more than the minimum pedestrian zone width include, but
are not limited to:
[Amended 11-5-2018 RTM
by Art. 17]
A.
In addition to creating a five-foot clear pedestrian zone (above),
setbacks are required from the following elements:
B.
A larger setback distance may be required by the Town Council to
provide for pedestrian passage, traffic management, or any other public
use purpose.
[Amended 11-5-2018 RTM
by Art. 17]
If the Building Inspector determines that interior alterations
are needed to provide sufficient exiting, then a Building Inspector
permit application for the alterations permit will be required. A
clear path of travel must be maintained from any building exit, equal
in width to the exit door. This clear path of travel must be free
of obstructions, like fencing, and directly connect the building exit
to the public place sidewalk area. The egress must be free of obstructions,
including gates of any type.
[Amended 11-5-2018 RTM
by Art. 17]
A.
Sidewalk cafe location, seating areas, street furniture and pedestrian
zones must be clearly identified on the required site plan for the
sidewalk cafe street use permit application. The Town Council will
review the application and determine if it is complete and meets the
minimum requirements.
B.
The review will include, but is not limited to:
(1)
Consideration of recommendations from the Director of Public Works,
Building Inspector, Health Department and Town Planner;
(2)
Determining that the food service business is set back at least 50
feet from a residentially zoned parcel;
(3)
Confirming that the letter of authorization is signed by the property
or business owner and verifies that the sidewalk is an accessory use
to an adjacent, existing food service business;
(4)
Confirming that the applicant is the property or business owner or
authorized agent as established on the letter of authorization form;
(5)
Confirming that clearance, exiting, and setback requirements are
met on the site plan;
(6)
Confirming that any fencing details conform to installation and Americans
with Disabilities Act (ADA) requirements;
(7)
Verifying insurance documentation meets the requirements as stated
herein;
(8)
Verifying public notice was posted on site during the public comment
application period;
(9)
Reviewing whether any additional permits are required, for example:
sidewalk repair, or other site-related permits;
(10)
Determining if the sidewalk cafe application needs to be routed
to the Zoning Board of Appeals, Board of Health or Building Inspector
for additional review and permitting;
(11)
Confirming that site conditions conform to the site plan; and
(12)
Review of the daily operations plan, including hours of operation,
setup and breakdown, methods of securing furniture, and daily cleaning
of sidewalks.
[Amended 11-5-2018 RTM
by Art. 17]
A.
The Town Council may, as deemed appropriate, condition the sidewalk
cafe street use permit to address:
(1)
Design standards;
(2)
Hours of operation and dates of use;
(3)
Impacts associated with the sidewalk cafe activity;
(4)
Lighting;
(5)
Noise;
(6)
Placement of signage, furniture, or equipment;
(7)
Need for repairs or improvements to the public place in order to
accommodate the sidewalk cafe or to ensure access to the use complies
with the ADA;
(8)
Pedestrian circulation, traffic management, or any public use purpose.
B.
All permit-related encroachments shall be removed from the public
place from October 15 to April 15 for snow plowing or when the street
use permit expires;
C.
Sidewalk cafes must be in compliance with all local and state liquor
control laws.
D.
The sidewalk cafe area may not be used for any use other than food
and beverage service associated with the adjoining business. Outdoor
storage or other uses are strictly prohibited.
A.
The permittee shall maintain the sidewalk cafe and adjoining and
abutting public place free of all refuse of any kind generated from
operating the sidewalk cafe and his or her business.
B.
Only materials and supplies used by the permittee for the daily operation
of the sidewalk cafe may be located within the sidewalk cafe, and
the permittee shall not store other supplies or other materials in
the sidewalk cafe or public place.
C.
The surface of the public place shall not be altered and fixtures
of any kind shall not be installed in the public place unless authorized
by the sidewalk cafe street use permit.
D.
Sidewalk cafe furniture and fixtures shall not be secured to any
public amenity unless authorized by the sidewalk cafe street use permit.
E.
The permittee shall temporarily remove the sidewalk cafe and clear
the public place as the Town Council deems necessary to temporarily
accommodate access to abutting properties or utilities.
[Amended 11-5-2018 RTM
by Art. 17]
F.
The permittee is responsible for ensuring that the sidewalk cafe
activity does not encroach into the roadway, abutting property, or
cause pedestrians to divert from the pedestrian zone.
G.
The permittee shall not operate the sidewalk cafe in a way that restricts
or interferes with access to the abutting property; or creates a nuisance
or hazard to public health, safety, or welfare; or increases traffic
congestion or delay; or constitutes an obstruction for fire, police,
or sanitation vehicles.
H.
The permittee shall immediately remove the sidewalk cafe when ordered
by the Town Council, the Chief of Police, the Fire Chief, or Building
Inspector.
[Amended 11-5-2018 RTM
by Art. 17]
