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WESTBROOK — City Councilors say a number of concerns need to be addressed before restaurants in the area can begin offering food and drink service along the boardwalk along the Presumpscot River.

A change in state law allows restaurant owners to serve food and drinks on city-owned property near their establishments beginning Aug. 1. The allowance permits only table service and patrons will not be able to drink alcohol between the restaurant’s main location and its outdoor seating area.

Westbrook Economic Development Director Daniel Stevenson, City Clerk Angela Holmes and City Solicitor Natalie Burns have drafted an ordinance to allow the service in Westbrook as early as next month. The council had its first reading on amendments to the outdoor dining ordinance at its July 23 meeting and the topic is set for a second reading on Monday, Aug. 6.

Stevenson told the American Journal that two areas of town where this sort of outdoor dining would work would be along the River Walk and in Westbrook Commons/Blue Note Park. City Administrator Jerre Bryant said city officials have been in touch with Legends Rest Tap Room and the Frog and Turtle about food and drink service along the boardwalk. Legends Rest is expected to make a formal request to the council with Aug. 6.

In correspondence to city councilors and Mayor Mike Sanphy, Stevenson said allowing this in downtown Westbrook would “create a welcoming, highly sought after outdoor cafe atmosphere” and support a “destination-oriented downtown.”

Outdoor dining in these non-proximity locations, if approved by the council next month, would be allowed from March 1 to Oct. 31 during the restaurants’ normal operating hours, or between the hours of 7 a.m. to 11 p.m. if it abuts a residential zone. The outdoor dining needs to be cordoned off and not impede pedestrian access. Burns said only restaurants with a fixed location that serve food are eligible.

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Council Vice President John O’Hara asked if restaurants would be allowed to put up a tent over their seating to block diners from the rain or heat. Deputy City Clerk Ashley Rand said she didn’t believe that would be allowed.

Burns said aside from the table, chairs and the rope to secure the area, signage and the associated items needed for food and drink service, restaurants cannot improve or change the site in any other way without council approval.

Council President Brendan Rielly said he thought allowing restaurants to expand their outdoor dining in this way “was a good idea,” but wondered how it gets decided where on the boardwalk, in Westbrook Commons, or other city property these outdoor dining areas get placed.

Bryant said it would be up to each restaurant to decide where they want to locate their outdoor seating, but ideally it would be close enough to the restaurant’s brick and mortar location that servers don’t have to go too far. The draft ordinance language states “the city shall issue permits only to street/park level restaurants which have a public ingress or egress by door or passageway facing towards the public property.”

O’Hara asked how the city intends to handle two restaurants vying for the same location.

Rand said the idea is you would be able to see the outdoor dining location from the physical restaurant.

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“Ideally it would be right in front of you when you come out the door, just not connected to the building,” she said.

Councilor Victor Chau said his concern is pedestrian safety, especially since wait staff and diners will have to cross a parking lot to get to and from the outdoor seating on the boardwalk.

“(Vehicles) are not stopping and going too fast, even in parking lots. We need to address it,” he said.

Councilor Gary Rairdon said he is concerned about the threat of vandalism, something he saw firsthand when one of the portable toilets at his Westbrook Strong event was tipped over after the race.

“I could very easily see these (tables and chairs) unfortunately in the river,” he said.

Burns said it would be up to the restaurants to either bring them in at the end of the night or chain them down.

Rairdon said before second reading on Aug. 6, he was going to head down to the River Walk to get a feel for the lighting.

“Safety is a main concern,” he said.

Michael Kelley can be reached at 781-3661 x 125 or mkelley@keepmecurrent.com or on Twitter @mkelleynews

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