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[caption id="attachment_50982" align="alignnone" width="800"]
The outdoor seating area at Sen on Main Street.[/caption]
By Stephen J. Kotz
When the Sag Harbor Village Board met last week to finalize the village budget for the coming year, it also passed a resolution requiring any village restaurant that wants to obtain a license allowing it to have outdoor dining this season to be in full compliance with not only the fire and sanitary codes, but the village zoning code as well.
What on its face may seem like a fairly simple and straight-forward requirement has raised eyebrows among some who fear the village may be unintentionally pulling the rug out from under one of its more charming summertime features — diners being able to enjoy their meals al fresco at any one of a number of village restaurants on Main Street — and choking off a needed revenue stream for the restaurants that rely on that trade.
“It’s been tough the past year,” said Lisa Field, the president of the Sag Harbor Chamber of Commerce, referring to the fire last December that swept through the Sag Harbor Cinema and several adjoining buildings, disrupting business along Main Street less than two weeks before Christmas.
“We all have to follow the law, of course,” Ms. Field continued. “But we are very concerned that part of the charm for people coming to Sag Harbor is they like the outdoor dining. It is something that really does add to the uniqueness and character of the village.”
Ms. Field, an owner of the Sag Harbor Variety Store, citing concern for the restaurants and shops that “need the tourist trade and the dollars coming in,” said on Monday she planned to attend Tuesday’s village board meeting to try to gather more information about the change of policy that has been talked about informally for some time, but was enacted with virtually no public notice.
Tiffany Scarlato, an attorney who represents two of the restaurants that will likely be affected by the change, Sen and Wolffer Kitchen, cried foul about the change.
“Not for nothing, but all of these establishments received summonses the week before,” Ms. Scarlato said. While she said she could understand if it was a “life safety issue,” such as a lack of proper fire escapes, she said the case of both restaurants she represents, the violations — a walk-in freezer at Sen and a roofed extension to the rear of Wolffer — are being rectified as part of the site-plan review process, which moves slowly at best, and will likely not be completed until the season is over.
In the case of Sen, which is planning a major renovation, the loss of the extra revenue from outdoor seating could jeopardize its financing, Ms. Scarlato said.
For years, Sag Harbor has sold licenses to restaurants that want to serve patrons on village streets for the rock-bottom price of $100. Village Clerk Beth Kamper said the licenses need to be renewed annually and require the establishments that receive them remove from their interior dining rooms the number of seats that will be used outside.
That’s the arrangement Page at 63 Main, LT Burger and Il Capuccino operate under. The new Lulu’s Kitchen, in the former Paradise space, also has applied for such a license.
But the situation for Sen and Wolffer Kitchen is more complicated. In the 1990s, the village uncovered a survey that claimed portions of the platforms in front of those buildings were on village property. Under an agreement that was worked out back then, those restaurants are now required to apply for an additional permit that allows them to retain those platforms and use them for tables in addition to those inside. Last year, Sen paid $2,250 and Wolffer $2,100 for the permits, which are based on the square footage used.
Other restaurants, including the American Hotel, Muse, and Dockside, are not required to obtain the licenses because they own the property they use for outdoor dining.
Village attorney David Gilmartin on Monday said the issue is not complicated. “A license is a privilege,” he said. “The village board determined that to be able to receive that license, the property owner must be in compliance with zoning.”
“Instead of fighting, spend your time bringing your property into compliance,” he added.
That was also the take of Mayor Sandra Schroeder. “People like it. It’s good for business,” she said of outdoor dining. “We just want to make them comply with the rules.” She added that Tom Preiato, the village building inspector, had insured officials that the outstanding issues are easily rectifiable.
“Everyone thumbs their nose at you,” said Trustee Ken O’Donnell, the owner of La Superica restaurant, which does not have any outdoor dining. “They push it off and push it off until they get another season under their belt and the violations are still there.”
Trustee Robby Stein, who voted against the measure, begged to differ. Denying the licenses for issues that are being addressed, even if slowly, is similar to taking away a driver’s license for a simple violation.
“If they have a serious violation, they should be fined — fine them every day,” he said. Otherwise, it’s overkill, he said.
“I don’t think this is thought out to my satisfaction,” he said. “I don’t know what the issue is here.”
gavinmenu on Apr 5, 2017