The East Hampton Town Board loves to eat outdoors.
That was the message on Tuesday, when members indicated support to extend the Covid-era outdoor dining pilot program, which expired at the end of December. Tina Vavilis LaGarenne, the town’s planning director, recommended that the extension last until Dec. 31, 2028. It will be the subject of a public hearing, which the board voted to hold on June 5.
“This extension will give us time to develop recommendations to make the program permanent in the code,” she told the board. “We’ll allow the program to continue as is while the amendments are considered.”
To participate, restaurants or takeout establishments need to apply for an outdoor dining permit acquired through the town’s Planning Department. The permit allows them to relocate, or transfer, indoor seating outside. A new permit will be needed each year. Only 10 restaurants applied for the permit in 2024, up from nine in 2023.
“I just want to emphasize it doesn’t allow additional occupancy,” said Councilwoman Cate Rogers. “There are requirements for lighting and other guardrails to keep it low-key and not obtrusive to neighbor properties.”
“My only concern is the amount of litter out there right now. The more mobile food becomes, the more associated packaging becomes disposable,” said Councilman Tom Flight.
“We issue a cover letter with all the permits we send,” said Ms. Vavilis LaGarenne. “We could put a statement in there reminding businesses to please be cognizant of litter.”
She said if the board chooses not to extend the program, the three-year extension will give restaurants plenty of time to be advised and plan accordingly. “I haven’t heard that we want to cancel it.” Even if the board did, restaurants can opt to have outdoor dining permanently included on their site plans, but that requires review by the planning board.
“I was on the board during Covid,” said Councilman David Lys. “There were a lot of negatives during Covid. This was one of the positives.”
In other restaurant news, Martin Drew, who lives in Puerto Rico but has family in Springs, called during the public portion part of the meeting to complain about Rita Cantina, the Mexican eatery in Maidstone Park. He said it has 30 outstanding violations but that the town was unable to do anything about them because the restaurant has been suing the town to overturn a Building Department determination that it was exceeding the legal use of the property.
“We’re concerned about the outdoor dining issues and the septic tanks that they sit over that apparently off-gas and cause a nauseating fume. The reality is, the big problem down there is the parking. I talk to the chief of police. He tells me he can’t enforce the parking issues down there because we don’t have any proper striping. So, it would be incumbent on the highway superintendent to address that situation and bring it to your board so we could have enforceable parking tickets written. They also have no certificate of occupancy. That would have to be in effect for them to even consider any outdoor dining at this point.”
Later in the meeting, the board withdrew a resolution to approve Rita Cantina’s $70,038 award for its septic upgrade, which was recommended by the water quality technical advisory committee.
Councilman Lys said the resolution was withdrawn on advice of counsel while the status of the restaurants violations was being determined.
Meanwhile, Ms. Vavilis LaGarenne said in an email that Rita Cantina had not yet applied for an outdoor dining permit for the 2025 season.
