UPDATE: At 8:25 am on May 15, the Newtown Planning Office notified The Newtown Bee it had modified its temporary outdoor permit application for outdoor restaurant dining. Download the updated temporary outdoor restaurant permit by CLICKING HERE

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As soon as they learned Governor Ned Lamont was ready to propose some limited outdoor dining options for restaurants statewide as part of a larger phased state reopening program beginning May 20, Newtown officials started cooking.

Within 24 hours of an Executive Order permitting relaxing and fast tracking of municipal rules tied to expanding outdoor dining for eateries able to accommodate patrons within the state’s guidelines, the Town of Newtown Land Use Office served up a local permitting process in consultation with the Health District, Fire Marshal’s Office, Building Inspector, and Police Department.

Download the permit packet by CLICKING HERE

First Selectman Dan Rosenthal gave credit to Land Use Director of Planning George Benson and his office, “for going right to work on this and coordinating with all our other agencies as soon as we learned the governor was tee’d up and ready to review permits for restaurants to reopen with some restricted outdoor dining opportunities.

“While the governor’s executive order related to this just came out late yesterday, we are ready to start taking permitting requests today,” Rosenthal noted.

On May 12, Lamont signed his 40th order stemming from the COVID-19 health emergency. That order, No. 7MM, enacts the following provisions:

*Allows municipalities to expedite changes to their zoning rules or other ordinances to expand outdoor dining;

*Creates an expedited approval process for restaurants and other establishments that serve food to get fast-tracked permission to create or expand outdoor dining areas;

*Allows other businesses such as retail stores to get fast-tracked permission to sell goods on the sidewalk or in other outdoor areas, including shared spaces or spaces provided by municipalities;

*Allows restaurants and other businesses who already have liquor permits to serve alcohol only with food without applying for a separate patio or extension of use permit; and

*Allows private clubs to sell alcohol only to their members for delivery or pickup.

A separate executive order will provide for the Phase I reopening of businesses and other activity, including those that are subject to order 7MM. All Phase I reopening activity will be subject to operating rules issued by the Department of Economic and Community Development, according to Lamont’s office.

Newtown Specifics Outlined

A memo from Benson affirms that as of May 20, qualified Newtown restaurants will be able to reopen to serve patrons at limited outdoor dining stations.

To facilitate the executive order, a temporary zoning permit for outside dining has been approved for use within the Town of Newtown and the Borough of Newtown. A specific site plan illustrating existing and or temporary seating must be submitted, and can be drawn free hand utilizing an actual property site plan, Google or Town GIS map, the memo states.

The Land Use Agency can e-mail any restaurant operator a GIS map. Preferably the permit application and map can be sent to the Land Use Agency electronically.

If not feasible, the restaurant operator will have to make an appointment with the Land Use Agency to drop off hard copies at Newtown Municipal Center.

The Newtown Health District will continue to communicate with applicants as guidance is sent by the State. Restaurant owners should contact the Land Use Agency at 203-270-4276 with any questions concerning the permit application.

There are two types of permits, the memo states: one for existing outside patio dining, and the other for temporary outside dining or expansion of existing patio dining.

Under Permit #1, tables must be a minimum of six (6) feet apart, measured per Executive Order Guidance; and bathrooms must be accessible to outside patio patrons.

The Temporary Permit application will be reviewed by the Land Use Enforcement Officer. The final approval shall be a zoning permit issued by the Land Use Enforcement Officer.

Any new structures, with the exception of temporary tents or canopies, shall require a standard Building Permit and Zoning approvals.

Any operator seeking Permit #2 must conform to all provisions under Permit #1, and must additionally conform to the following:

*Outdoor seating capacity will be a maximum of fifty percent (50%) of the existing indoor / outdoor (if applicable) restaurant seating capacity.

*A Site Plan depicting any alterations to the property including, but not limited to, area for tables, adequate parking, number of tables, signs, and tent locations shall be submitted to the Land Use Agency for a Temporary Permit application.

*Tents must be inspected by the Building and Fire Marshal representatives.

Benson said restaurants that only utilize their existing outdoor dining area must simply outline the modified location of tables.

The first selectman said Health District personnel will also be involved strategically as the outdoor dining piece of the statewide reopening program rolls out May 20, and were key consultants on developing local plans.

“We’re endeavoring to work with applicants to expedite their special permits to the best of our ability,” Rosenthal added. “We want to work cooperatively with all businesses in town during the reopening process. We don’t want anyone to view our role as adversarial. No matter which branches of local government are involved, site inspectors will be doing their part to ensure public safety is paramount.”

The first selectman said he knows restaurant operators would never jeopardize the safety of patrons or staff, but local agency representatives will be required on a case by case basis so “they can see the individual reopening plans through a public safety lens.”

All other protocols issued under the Governors Executive Order No. 7MM will apply to a restaurant that receives a Temporary Outdoor Dining Permit.

Each Newtown food service establishment that qualifies under the order was sent an e-mail that included those state protocols, or it can be reviewed or Downloaded by CLICKING HERE