(08/06/2009) It seemed as if a case of summer madness hit members of the Montauk Citizens Advisory Committee on Monday night when some of them suggested that a small batch of business owners should ignore the East
 Janis Hewitt
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Hampton Town Code regarding sidewalk dining.
After a lengthy discussion, East Hampton Town Councilman Pete Hammerle threw up his hands and said to the committee members, “I’m leaving. I’ve had enough. You guys are not law enforcement.” He then turned to the business owners in attendance and said, “Don’t listen to them. They’re telling you the wrong thing — tables are not allowed outside.”
The business owners, who were at the meeting to push outdoor seating in the downtown area, were from Herb’s Montauk Market, the Shagwong Tavern, the MTK Cafe, Sausages, and 668 the Gig Shack. Some of them have been providing a few tables outside their establishments, and the customers reportedly “love it,” said Lucille Lenahan from Herb’s.
They asked that the town consider changing town code to allow sidewalk dining at retail food markets, delis, and restaurants. Louis Gross of the Gig Shack read from the Southampton Town Code, which does allow for some outdoor seating between May 1 and Nov. 1, excluding takeout and drive-in establishments.
“In my opinion these rules seem like they’d be good for Montauk,” he said, cradling a copy of the code book.
James Hewitt of the Shagwong Tavern noted that the Suffolk County Health Department mandates that for every two seats that are placed outside, one must be removed from inside. He agreed that customers love outdoor dining and said it would enhance the downtown area. “Montauk doesn’t have a whole lot on Main Street,” he said.
Since Montauk Highway is owned and maintained by the state, some business owners said, perhaps their businesses are not even subject to town jurisdiction.
“Are you telling me that if I put tables outside and the town tells me to remove them, then I don’t have to listen?” asked Ms. Lenahan.
Paul Monte, the general manager of Gurney’s Inn, said if the town doesn’t have jurisdiction over state and county roads then the code wouldn’t have to be changed. “We have to find that out,” he said.
John Jilnicki, the East Hampton town attorney, said yesterday that the town does regulate the sidewalk areas. “We’re responsible for the construction and maintenance of the sidewalks, so I would say, yes.”
Eileen Peters, the public information officer of the Long Island Division of the New York State Department of Transportation, agreed: “The state maintains curb to curb. They do have to abide by town law on the sidewalks.”
The town did attempt to enact legislation that would have allowed up to 16 seats outside, said Mr. Jilnicki, who explained that anything over 16 seats would have triggered a Health Department review. Business owners and their attorneys balked at the number and the matter was dropped, he said, noting that if a business wants to make any changes it should file for a site plan review.
Before the discussion ended, the business owners were reminded that if the town code were changed it would be changed across the board and all businesses within East Hampton Township would be allowed to have sidewalk tables.
“Do you want to open a Pandora’s box?” asked Lisa Grenci, the committee chairwoman.