June 4, 2020

“Mr. Patterson motion to rescind street closing vote made on 6/1/20. Second Mr. Jones. Roll call all aye. Parking on Main Street will be during an upcoming meeting. Outdoor Business seating and temporary licensing issues Mr. Suso explained that Town Counsel and Associate Town Counsel, three documents in the packet: 1. Procedure to approve temporary outdoor restaurant service, 2. Temporary administrative approval of outdoor service, 3. Temporary license agreement with Town to use sidewalks and any other public areas for use of expansion of commercial operations due to limitations posed by COVID-19. These documents, subject to Board of Selectmen concurrence, transmit to all affected businesses to allow review and transmit to the Town with the potential of expedited licensing and permitting consistent with Governor's recent orders and intent of the Board. Also have attachments of the Governor's orders, safety standards, and checklist info. DPW Director and Health Agent, and Town Counsel present. Mr. Jones asked if restaurant uses current parking area and it changes to # of parking spaces, will they get the waiver as quickly as the liquor license. Atty. Mullen explained the Governor's order 35, single unitary process and boards can override local zoning requirements including zoning. Handicap and other ADA requirements are maintained. It's possible for restaurant to use a portion of their parking lot through this single Town Manager initiated review. No additional review would be necessary. Mr. Brown asked timeframe for turnaround of these applications? Mr. Suso said that estimate, shared with board another exhibit that discusses general anticipation. Hope is to share documents tomorrow with all eligible businesses and receive the forms, turnaround in the coming work week. Requires full applications, if they come in without full information to make the determination, they will need to follow up with the businesses and could lead to a delay. Kevin Klauer asked will properties require separate decisions. They will be covered in the single process, no need to go back to Planning Board. Mr. Patterson noted part of the application needs to be a sight sketch. Ms. Mullen said that section 2 of the application there is a requirement of a detailed description or sketch or plan with components that need to go into that sketch. Select Board Minu The application will be on the Town Website and sent to the Chamber. Mr. Suso will transmit the full package to all eligible businesses subject to the Board's vote. Authority the Board has extends to November 1, 2020 or when the Governor's particular order is rescinded. The Board could consider a shorter timeframe. Timeline: trying to complete by the Friday after June 8, pending the vote and Governor's order allowing restaurant seating. Taking applications and reviewing in anticipation that the Governor will allow sit down service. Does mandate state how far the tables can be from parking spot or street? Atty. Mullen said Order 35 does not contain direction on that issue. That assessment can be made based on particular properties and what would be safe, by Town Manager's Office and other departments. Any restaurant serving alcohol, the area is required to be enclosed from rope to fence/barrier, so application requests what the business will do for closure. Feedback looked at on case by case basis. Mr. Suso said that process following when completed application received, it will be reviewed by all critical town departments, public safety, public works, zoning, planning, building, health and comment, then brought back to Town Manager for action. This is a process with several internal checkpoints and overseen by the Town Manager's Office. Kelly asked if tent canopy will be allowed on property or need separate permit. Governor order specifies requirements for tent and can be included in this single process. Requirements in the Governor's order is that 50% of side areas of a tent be unobstructed; not be a fully walled tent. Temporary tents for rain only? All tents would need to comply with Governor's order. Allowed for same number of occupants existing so long as social distancing. No approved restaurant seating will exceed the indoor capacity permitted for, if indoor dining starts under order of Governor, whatever is not being used outside may be used inside, but may not be more than 100% of what they had previously. John asked that the Board include future agenda item, asked for capacity limits for taxis and Uber. Mr. Brown move the Town Manager be authorized to act on behalf of the Board when acting as the local licensing authority for alcoholic beverages licensing and common victuallers licenses to approve temporary amendments to the licensed premises for restaurants to allow for outdoor service and to accommodate the provisions of the Order of the Governor of the Commonwealth, COVID-19 Order No. 35, dated June 1, 2020; and further that the Town Manager be authorized to approve temporary amendments or changes to the licensed premises for restaurants described in any special permit or variance issued under G.L. c 40A or the zoning bylaw of the Town of Falmouth to allow for outdoor service and to accommodate the provisions of the Order of the Governor described above. Second Mr. Patterson. Roll Call Vote: Roll Call Vote: Chair English Braga, aye; Mr. Brown, aye; Mr. Jones, aye; Ms. Taylor, aye; Mr. Patterson, aye..” (Motion: Patterson, second: Jones)

Read it in the official minutes, page 3 (PDF)

“Mr. Brown motion to allow the DPW to continue with milling and paving on Main Street. Roll Call Vote: Chair English Braga, aye; Mr. Brown, aye; Mr. Jones, aye; Ms. Taylor, aye; Mr. Patterson, aye..” (Motion: Brown)

Read it in the official minutes, page 5 (PDF)