Being able to eat outdoors at a South Fork restaurant during the summer is a delight, but too much of a good thing can create problems for the neighborhoods that surround the most popular spots. Despite this, East Hampton Town government is looking at making Covid-era provisions for outdoor seating permanent. Doing it in a way that does not encourage restaurants to improperly expand their guest capacity will not be easy.
Under an existing system, restaurants with required annual permits are allowed to “move” a certain number of patron seats outside, while neutralizing an identical number inside — a tall order. In practice, there is no practical way for the town to check whether restaurants are complying with the limits. Consequently, there is little chance that a restaurant would be caught if it went above its legal capacity.
Seating is a moving target: Depending on what time an ordinance inspector arrives, a restaurant might be over or under its legal count, making enforcement difficult. With many of the eateries in the town in residential areas, conflicts over noise and parking are inevitable. With a short season, operators have an obvious incentive to maximize the number of guests, and already-busy officials could be tempted to look the other way. And imagine, if you will, a harried host trying to explain to type-A summer folks why, despite there being unused tables, they are not allowed to seat them. Not going to happen.
Overcrowding impacts water quality, with old-fashioned septic systems often discharging untreated sewage directly into groundwater and the bays and harbors. Noise complaints have proven difficult to enforce. Vehicles at the more popular places spill out of parking lots and can create traffic hazards. The slope toward outdoor live music, special events, and a more nightclub-y scene is slippery indeed. Residents first, we say.
Our advice to the town board is: By all means, allow outdoor dining, but make sure that there is a robust enforcement system in place before you do.