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Take it outside

Not just for Europe any more, sidewalk dining takes its place in the suburban restaurant scene

Bertucci’s restaurant patrons dine alongside Massachusetts Avenue in Lexington, among the area communities embracing sidewalk dining areas. Bertucci’s restaurant patrons dine alongside Massachusetts Avenue in Lexington, among the area communities embracing sidewalk dining areas. (Joanne Rathe/ Globe Staff)
By James O’Brien
Globe Correspondent / August 16, 2009

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On a warm summer night, the occasional chiming of silverware or clinking of wine glasses lures pedestrians along the sidewalk. Friends at a table call out, beckoning passersby to take a seat.

This isn’t a scene from a boulevard in Paris or Barcelona. It’s a typical summer weekend in the center of Lexington.

“There is something about sitting outside in warm weather, greeting people, and having a quiet meal while being part of what the English would probably call the high street,’’ said Selectman Hank Manz.

In recent years, sidewalk seating has been embraced in Lexington, Arlington, and other communities as a way to expand outdoor dining beyond the private patio and promote more vibrant downtowns.

In Natick, several restaurateurs have said they would like the town to issue a formal, written policy on sidewalk seating for restaurants, seeing outdoor dining areas as potentially encouraging more downtown activity.

Last month, Marlborough’s City Council decided to try the idea as well, voting to license portions of Main and Hildreth streets for sidewalk dining areas.

“We thought we could take advantage of nicer weather, and it might bring some additional business downtown,’’ said Councilor at Large Steven Levy.

The City Council adopted the new policy after working on a citywide restaurant event, Taste of Downtown Marlborough, which was held in June. Under the new licensing arrangement, which runs through Sept. 30, restaurants between 280 Main St. and 8 Hildreth St. can put tables and chairs on the public sidewalk and serve customers until 10 p.m.

If the policy is successful, the sidewalk licenses would be issued annu ally, starting in May, and potentially could be extended to cover other parts of Marlborough.

For years, any city restaurants that wanted to create outdoor seating on their property have gone through the city building inspector, according to Stephen F. Reid, commissioner of inspectional services. But until now, there was no provision for outdoor seating on public property, such as sidewalks.

Randy Scott, co-owner of Main Street Café in Marlborough, doesn’t have a private patio. He welcomed the opportunity to use the sidewalk outside his front door, and put out his first pair of two-seat tables at the beginning of this month.

“They thought it was a fantastic idea,’’ Scott said of his initial customers. “We are going to give it a whirl. We’ll see if people take to it or not.’’

Under the new policy, the sidewalk seating may not hinder pedestrians or restrict handicap access, and restaurants must file an indemnification agreement with Marlborough, taking responsibility for any accidents that might happen on a city sidewalk. Restaurants wishing to serve alcohol must apply to the city Licensing Board for a separate permit covering the sidewalk areas.

According to state Alcoholic Beverages Control Commission guidelines, such a license expansion requires a complete description of the area intended for outdoor seating, all tables must be fully viewable by interior staff, and the area must be enclosed by a rope or fence.

Susanne Morreale-Leeber, president of the Marlborough Regional Chamber of Commerce, said the city’s move represents an opportunity to encourage its other member communities - Hudson, Northborough, Southborough, and Sudbury - to launch similar efforts in an effort to promote local restaurants.

In Lexington, where the sidewalk-seating policy has been in place since 1983, Manz said it has helped foster a culture of evening strolls and turn the center of town into a destination for bicyclists, among other visitors.

Lexington’s rules require restaurateurs to obtain a sidewalk permit from the town manager’s office. Alcohol service must follow the state guidelines, plus proprietors must present a plan to the town of how they will prevent underage drinking.

In addition, restaurants in Lexington’s historic section must seek approval from the Historic Districts Commission.

In Arlington, sidewalk seating is governed by two separate measures, one dating to 2002 and another implemented about two years ago.

The Blue Ribbon Bar-B-Q on Massachusetts Avenue was one of the town’s first restaurants to take advantage of sidewalk seating, according to co-owner Ron Stoloff. Now, the restaurant extends the outdoor season as long as possible.

“Come springtime, if it’s not rainy,’’ Stoloff said, the tables are outside, and they stay there “until the first snow falls. It’s what our customers want.’’

Natick has no specific policy on sidewalk seating, but special permits are occasionally granted by the Board of Selectmen and the Planning Board. However, several restaurant owners said they were unaware of any requirements for gaining the town’s permission for outdoor seating.

Dennis O’Hare opened his breakfast and lunch spot, Rise N Shine, on Main Street about six months ago. He said he didn’t know he needed a permit until he started putting out tables and chairs on the public sidewalk, and was informed by town officials after the fact.

“Having tables out front . . . gave us a homey downtown feeling,’’ O’Hare said. “Now I’ve got to go before the Board of Selectmen to do that.’’

The town could “do a better job of making prospective restaurants aware of all the paperwork they need to file to get up and running,’’ said Selectman Joshua Ostroff, the board’s vice chairman. “My sense is the board would be receptive to outdoor dining. I’m enthusiastic about the idea of addressing the issue.’’

Even in communities with formal policies, however, there is occasionally opposition.

Both Lexington and Marlborough have had to assuage concerns, among neighbors as well as some officials, about alcohol being served in the outdoor areas. And both communities, as well as Arlington, occasionally have to deal with wind-blown litter from the table area.

None of these issues is likely to affect Marlborough restaurateur Matthew Leduc, owner of the Lazy Dog on Main Street - at least, not this year.

Turns out, timing is everything. Leduc said there was not enough summer left to make it worth his while to create a sidewalk-seating plan.

“It’s a day late and a dollar short,’’ Leduc said. “I’ve got 30 days, maybe six weeks,’’ left of summer weather. “If they wanted to fast-track, it should have been done back in April.’’

City Councilor Levy acknowledged the process could take time, especially obtaining an expanded alcohol-sales license, but urged Leduc and others not to hold off because of that.

“Why not grab a couple chairs and two-person tables?’’ said Levy. “I think you’d be able to find people wanting to sit outside on a nice summer’s day.’’

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