Outdoor Dining Heads Back to Committee

A proposal to permit Wyckoff restaurants to serve customers outside has won the recommendation of the Planning Board.

Members unanimously agreed in a straw vote Wednesday that the township should develop an ordinance to allow eateries to apply for outdoor dining permission, as is allowed in municipalities such as Ridgewood. However, the parameters of such an ordinance remain up for debate, with the finished product likely to allow restaurants that meet only certain conditions to apply for permits to serve customers outdoors.

"My biggest concern is safety," said Peter Ten Kate, the township's consulting engineer, who reviewed a draft ordinance at the behest of the Planning Board. "I get concerned about errant vehicles."

Ensuring diners' safety has been the main concern of talks thus far, which originated at the governing body level. A draft ordinance prepared months ago by Committeeman Brian Scanlan dictates the qualifications a restaurant must possess to apply for a permit while only allowing businesses with a 6-foot-wide paved area to be considered.

However, Scanlan said last week that he intentionally developed the ordinance to be restrictive and is open to discussions about its provisions.

For example, the draft would prohibit alcohol from being served outside, regardless of whether the restaurant in question holds a license to serve. That restriction will likely be relaxed should the proposal be adopted, with the governing body and Planning Board in general agreement.

However, some debate exists on whether bring-your-own establishments should be allowed to permit diners to drink outdoors. Committeeman Kevin Rooney, liaison to the Planning Board, believes there could be enforcement problems and confusion could arise among actual diners and pedestrians who could be simply drinking in public.

"I would tend to agree with your assessment on that," Ten Kate said.

Additionally, were the Township Committee to mandate the aforementioned 6-foot paved area, outdoor dining would be restricted to a select group of restaurants, perhaps just those at Boulder Run.

"There are very few street businesses that can conform to that," said Planning Board member Fred Depken, who as the township's zoning officer would be charged with vetting applications and enforcing the ordinance. As the draft stands, a $300 fee would need to be filed with applications, which would be solely decided by the zoning officer. However, denials could be appealed to the zoning Board of Adjustment.

When the proposal is discussed in the future, the Township Committee would likely seek to define the size of any structures that may be placed as shields between diners, pedestrians and motorists. The draft ordinance permits "low barriers of a temporary nature" but Mayor Rudy Boonstra is concerned the provision is too "open to interpretation."

Planning Board members discussed setting a minimum and maximum size range for any moveable barriers but did not come to a resolution. 

The draft ordinance had been sent for Planning Board review after the Township Committee took up the proposal in recent months. Members have indicated that a limited, seasonal form of outdoor dining could be introduced to the township after relevant details are debated.

The proposal, which was included as a goal in the recent Master Plan revisions, has the overwhelming support of Wyckoff restaurants.