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Outside dining law requires tweaking
By John J. Hopkins Times
More casual diners in Cheektowaga this summer may be enjoying their meals outdoors, but before a new town ordinance to regulate outdoor dining at restaurants is approved, some questions still remain unanswered.
For example, what differentiates from a meal and having a few beers while snacking? How will the town's noise ordinance be affected?
These and other issues must be addressed before the town board approves the new measure, which will affect properties in C-retail zoning areas.
There currently is no portion of the town code that specifically addresses outdoor dining. Restaurants now only need a zoning variance approved before they may offer outdoor dining.
The amount of permissible exterior seating will be linked to the amount of available parking and the number of interior restaurant seats. Other provisions are tied to setbacks, landscaping and protection from traffic.
Restaurants that cannot meet the guidelines could still apply for a variance, said Supervisor James J. Jankowiak.
However, the board is now addressing quality of life issues that were raised at Monday's public hearing on the matter.
Chief of Police Christine M. Ziemba noted that outdoor seating areas at some establishments could lead to alcohol consumption after dining hours.
"We have had some calls in the past of premises that don't have outdoor dining or seating, but open their doors when they have music on the inside," Ziemba added.
Councilmember Thomas M. Johnson noted that some local sports bars have been denied outdoor liquor consumption permits by the town due to noise concerns. He suggested that the New York State Liquor Authority review the proposed code.
"I have a concern in relation to partying," Johnson added. "That is, groups that occupy outdoor tables, consume liquor and party. They can become a source of public disturbance."
Johnson added that such disturbances could lead to additional work for police officers who must respond to complaints.
Planning Board Chairman Anthony Sisti said he understood that the code's intention was to allow alcohol consumption while seated guests were dining.
"We need to refine this a little more," said Jankowiak. "There's always that thin line of how long do you stay after (dinner.) If you eat a fish fry at 10 o'clock, do you stay until one in the morning? When does outside dining end and outside alcohol consumption begin?"
Following the hearing, the board withdrew a resolution to approve the town code addition. The board will likely review proposed changes at its February 22 work session.
Also on Monday, the town board passed a new ordinance that prohibits owners of "converted" condominiums from obtaining property assessment tax reductions.
The move is in response to a recent application from a patio home development to obtain condominium status from New York State.
Condominiums are assessed at a lower tax rate than apartment buildings and private homes in New York State. The developer of Hickory Grove patio homes, off French Road, has applied for condominium recognition.
Town Assessor Brian M. Hess called a New York State law that permits this action a "loophole" and noted that there is a bill proposed in the New York State Assembly that would require all condominiums beginning in 2008 to be assessed at market value.
"As the condo law is written now there is no rationale for the special treatment of an assessment that is often one-half or one-third than the assessment that would be indicated by the sales price value of the unit," Hess wrote in a letter to the board that he also read aloud.
The ordinance is similar to one used in the Town of Clarence.
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