Outdoor dining is up and running again at four Rye businesses after the city manager promised to move quickly to resolve a permitting oversight that saw tables forcibly removed by city staff last week.
The city restored outdoor seating on Sept. 19, following through on its vow after businesses and residents raised concerns when the seating abruptly vanished from Oakland Beach Deli, Piazza Pizza, Antonio’s Italian Deli & Market — are located on the same block of Milton Road — and Playland Market on Forest Avenue.
The tables and chairs were abruptly removed by Building Department personnel on Sept. 9 because of expired or missing permits that suddenly came to the attention of the city, according to Interim City Manager Brian Shea.
The outdoor dining tables went missing for roughly 10 days.
“We recognize that the recent enforcement actions regarding the outdoor seating have created frustration among some residents and business owners. That is not our intention,” Shea told the City Council on Sept. 17. “Our intention is not to discourage outdoor dining or penalize businesses, but rather to ensure compliance with the code so that the spaces remain safe and accessible.”
Permits are issued by the Building Department after being approved by the Planning Commission.
Shea recognized that businesses may be confused by the requirements and said the city will be more proactive in outreach going forward. He also assisted the affected businesses and ensured the permitting process was remedied in a few days.
“Our goal is to work with businesses as partners,” Shea said. “We want to support their success while balancing the needs of residents and maintaining adherence to the code.”
He noted that the violations did not include financial penalties for the businesses. But several owners said the temporary loss of outdoor dining put a strain on their businesses.
Oakland Beach Deli owner Pablo Peralta claimed some customers chose not to eat at Oakland Beach Deli, telling The Record when they learned that outdoor seating was unavailable, while others ate in their cars, occupying parking spaces and likely cutting into business revenue.
Laura Vecchil, an owner of Antonio’s, said the absence of outdoor seating sent mixed signals to customers who may have assumed the restaurant was closed, potentially causing a minor loss of revenue.
Outdoor dining permits are issued every three years, allowing for the setup typically from May through mid-October, according to Shea. The council expressed interest in updating the city code include to expand the permit for year-round seating, especially for establishments outside of the Central Business District.
“Everybody on this council wants the seating to remain uninterrupted on the condition that the establishment owners do get into the permit process and take care of business with the city,” Mayor Josh Cohn, an independent, said.
Peralta said he has worked at the business for 11 years and has never encountered this situation. He believed the business was exempt from fees or permits because it sits on private property.
“We’ve been trying just to provide a good place for the kids,” Peralta said at the council meeting. “After school, they go there and wait for their friends and we don’t make any profit off of the seats. We don’t have a waiter bring the food outside.”
Rye resident Eleanor Avrutin expressed concerns about the safety issues the removal of outdoor seating posed, referencing a photo on the Rye Moms Facebook page of high school students sitting on the curb of the parking lot in front of Piazza and Oakland Beach Deli.
She called the situation “outright dangerous.”
“Were there really problems? Some of these owners have had these tables outside for years and then all of sudden they’re gone,” Avrutin said.
