OutdoorDiningRetailToolkit_FINAL-2021Outdoor Dining/Retail
Community Toolkit
A guide for communities seeking to assist business owners
in creating outdoor dining and retail options
September 2021
Rapid Recovery Plan
Rapid Recovery Plan2
Brookline, MA
This Toolkit has been made possible through
technical assistance provided by the Baker-
Polito Administration’s Local Rapid Recovery
Planning program.
The Local Rapid Recovery Planning (RRP) program is a key part of
the Baker-Polito Administration’s Partnerships for Recovery Plan,
the strategy established to help communities stabilize and grow the
Massachusetts economy as a result of the economic impacts brought
on by COVID-19. The plan invests $774 million in efforts to get people
back to work, support small businesses, foster innovation, revitalize
downtowns, and keep people in stable housing.
In addition to the planning program, recovery efforts include a Small
Business Relief Program administered by the Massachusetts Growth
Capital Corporation. This program, which concluded in May 2021,
provided more than $687.2 million to over 15,000 businesses across the
Commonwealth, with a focus on businesses located in Gateway Cities,
among demographic priorities, or operating in sectors most impacted
by the Pandemic. Cities, towns, and non-profit entities are using
Regional Pilot Project Grant Program funding for recovery solutions
that seek to activate vacant storefronts, support regional supply chain
resiliency, and create small business support networks. To promote
recovery in the tourism industry and support the ongoing My Local
MA marketing initiative encouraging residents to support their local
economies by shopping, dining and staying local, another $1.6 million
in grants were awarded through the new Travel and Tourism Recovery
Grant Pilot Program. Through April 2021, MassDOT’s Shared Streets and
Spaces Grant Program has invested $26.4 million in municipal Shared
Streets projects to support public health, safe mobility, and renewed
commerce.
In support of the overall recovery strategy, the Administration made
$9.5 million in awards for 125 communities to create Local Rapid
Recovery Plans, through the MA Downtown Initiative Program. These
plans address the impacts of COVID-19 on local downtowns and small
businesses by partnering with Plan Facilitators and Subject Matter
Experts to pursue locally-driven, actionable strategies.
For more information, contact DHCD:
100 Cambridge St, Suite 300
Boston, MA 02114
617-573-1100
mass.gov/DHCD
Toolkit prepared by:
EXECUTIVE OFFICE OF
Outdoor Dining/Retail Toolkit 3
Getting Started
Toolkit Checklist
Part 1: Guidelines for Communities
We want to streamline the process for businesses to create
outdoor dining/retail under existing state regulations
We want to make our temporary/emergency outdoor dining/
retail regulations permanent
We want to provide design and materials guidelines to
businesses
We are interested in facilitating bulk purchasing of materials
and equipment to help businesses.
We want to consider clustered public spaces for outdoor dining
We are concerned about costs and impacts, including loss of
public parking and/or parking revenue, and noise
We want to encourage winter outdoor dining
We want to enable outdoor dining in parks
We want suggestions for gaining public and political support
We want help identifying funding for implementing a business
toolkit and for helping a business toolkit and for helping
businesses in other ways
We want a template for our own complete outdoor dining/
retail Toolkit
Part 2: Putting It Together
Suggested Outline for a Toolkit/Resource Guide for Businesses
Example Design Guidilines
A: Parallel Parklet
B: Angled Parklet
C: Large Sidewalk Patio
D: Small Sidewalk Patio
E: Full Closure Street Plaza
F: Street Plaza with a Fire Lane
State Outdoor Dining/Seating Fact Sheet for Accessibility
Requirements
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Table of Contents
Rapid Recovery Plan4
Getting Started...
Why this Toolkit
Outdoor dining and retail options in local commercial districts blossomed during the early days
of the COVID-19 Pandemic as towns and cities made a quick pivot to respond to the needs of
businesses and residents. Understanding potential benefits to long-term community and economic
development, many businesses and communities now seek to make permanent the temporary
outdoor dining and retail options that have sprouted up in their commercial areas.
This Toolkit responds to this need. In the Local Rapid Recovery Program, questions of outdoor
dining and retail – enacting permanent ordinances, providing clear design guidelines, offering
assistance on use of materials and perhaps even bulk purchasing, compliance with ADA, and
navigating local and state regulations – have been among the most common issues raised during
the planning process. Businesses want certainty before investing capital in furniture, construction,
and equipment. Communities want to ensure outdoor dining and retail options are created with
some semblance of aesthetic order and that they meet safety standards. This Toolkit presents the
most common questions in the LRRP and provides a guide for each community to move forward in
creating its own set of guidelines for businesses and internal streamlining of requirements.
Outdoor Dining/Retail Toolkit 5
How to use this Toolkit
Think of this LRRP Toolkit as a guide for your own local government outdoor dining and retail
decisions, regulations, and assistance to businesses. Every community is different, and some are
further along than others in thinking through their outdoor dining and retail process. This Toolkit
responds to the need for each community to take it’s own unique approach by offering suggestions
for design guidelines, asking a series of questions for municipalities, and providing examples from
other communities. It’s all about offering you flexibility and multiple options.
To this end, this Toolkit can be used by communities in three ways:
YOU NEED HELP ON A FEW INDIVIDUAL ITEMS FROM
THE MUNICIPAL SIDE - things such as writing and
passing bylaws and ordinances to make outdoor dining
and/or retail permanent; streamlining permitting/
licensing; creating design and material standards, etc.
YOU WISH TO PROVIDE USEFUL INFORMATION
AND ASSISTANCE TO BUSINESSES - things such as
space guidelines for setting up socially distanced
dining in a standard parking space; information on
ADA requirements; suggestions or requirements on
materials to be used, etc.
YOU WANT TO CREATE A FULL OUTDOOR DINING/
RETAIL STEP-BY-STEP TOOLKIT FOR BUSINESSES -
a pdf/packet and perhaps online, with all the
information a business needs to create an outdoor
space, including municipal requirements and
guidelines, as well as suggestions for space, materials,
aesthetics, and more.
1
2
3
Rapid Recovery Plan6
Part 1: Guidelines for Communities
You will find a list of topics that your community may want to address
regarding outdoor dining/retail. Each topic includes possible solutions
and, in some cases, examples from other communities (in the
understanding that you don’t necessarily want to reinvent the wheel
but you do want to tailor it for your needs).
□We want to streamline the process for
businesses to create outdoor dining/retail under
existing State regulations.
□We want to make our temporary/emergency
outdoor dining/retail regulations permanent.
□We want to provide design and materials
guidelines to businesses.
□We are interested in facilitating bulk purchasing
of materials and equipment to help businesses
and to get better prices for them.
□We want to consider clustered public spaces for
outdoor dining
□We are concerned about costs and impacts,
including loss of public parking and/or parking
revenue, and noise.
□We want to encourage winter outdoor dining.
□We want to enable outdoor dining in parks.
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Use this checklist to understand what you need and how this Toolkit can be most useful to you.
Toolkit Checklist
Outdoor Dining/Retail Toolkit 7
Part 2: Putting It Together
Part 2 of this Toolkit provides an outline for your very own community
outdoor dining/retail Toolkit and offers ready-to-use design guidelines
to insert in any document or online resources you offer businesses.
□Suggested Outline for a Toolkit/Resource
Guide for Businesses
□Sample Design Guidelines
□State Outdoor Dining/Seating Fact Sheet
for Accessibility Requirements
p. 57
p. 59
p. 85
□We would like guidance to conduct a robust
public process to get community feedback on
outdoor dining/retail ordinances.
□We want help identifying funding for
implementing a Business Toolkit and for
providing help to businesses in other ways.
□We want a template for our own complete
outdoor dining/retail Toolkit. – See Part 2 for
this information!
p. 51
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Part 1: Guideline for Communities (continued)
Rapid Recovery Plan8
Choose the critical sections to get started! To do this, we recommend that you
gather all the relevant Town or City staff to discuss how to ease the process
for businesses to extend their dining and retail to outdoor spaces. You might
give staff a copy of this Toolkit and then discuss what elements you want to
provide. Collaboration and cooperation are key here. Those communities that
acted quickly during the early days of the Pandemic and made the process
work best for staff and businesses where those that brought municipal
departments and staff together to problem-solve and communicate constantly.
That same spirit of cooperation and collaboration applies here…
Part 1:
Guideline for
Communities
Outdoor Dining/Retail Toolkit 9
When we say “streamline the process,” it can include all or some of the following goals:
Offer a single application for businesses to apply for permits and licenses to provide outdoor
dining and retail.
Offer an online application to help businesses save time.
Provide a checklist of all requirements.
Provide a liaison at City or Town Hall to guide businesses
through the outdoor dining and retail rules and
requirements.
Create a short-track or
condensed timeline for
permitting and approvals
by coordinating Town or City
inspections and reviews.
Provide clear design guidelines
and other requirements that take the
guesswork out of providing outdoor
dining and retail.
Offer bulk purchasing of common items
needed for outdoor dining and retail to
get better prices for businesses and
standardize select items that may be
hard or confusing to source.
A
B
C
D
E
F
G
STREAMLINE THE PROCESS FOR
BUSINESSES TO CREATE OUTDOOR
DINING/RETAIL UNDER EXISTING
STATE REGULATIONS.
We want to...
Rapid Recovery Plan10
The choices on the previous page aren’t mutually exclusive and you may choose to combine
various methods of streamlining applications. For instance, some communities will offer a
single, online application and also provide a short-tracked permitting and inspections process.
If they offer design guidelines and a complete Toolkit for businesses (using this Toolkit as a
guide, of course!), that’s one more way to streamline the entire process for businesses. We
cover these scenarios in various places in this Toolkit.
Offer a single application for businesses to apply for permits
and licenses to provide outdoor dining and retail.
Creating a single application makes a simple process for businesses and municipal staff. A
single application replaces all other permit and license forms that would typically be required
for outdoor dining or retail. One required application also gives assurances to businesses that
they are not missing any key steps.
Elements to include in a
single application:
□Offer application by seating
type/location/space ownership
□Offer an online option
□Provide a checklist of all
requirements
□List any separate permits that
may be required
□Provide design guidelines
□Offer guidance regarding
alcohol sales and service
□Provide key dates and timeline
for review and approvals
A
Information about each of these
elements is provided on the
following pages.
Outdoor Dining/Retail Toolkit 11
Application by seating type/location/space ownership
Some municipalities opt to incorporate all types of outdoor seating into a single application
and others have a different application depending on the type. For example, Brookline, MA
has a single application on which the applicant selects their proposed outdoor dining type
classified by location. As illustrated in Part 2 of this Toolkit, categorizing applications by the
proposed location or by ownership of the space (public or private) makes good sense as
different considerations (and different municipal permits and review) come into play if seating
is proposed for the street or a sidewalk.
Information that is typically required as
part of an outdoor extension application
includes:
□Business name and contact information
□Business manager and property owner
□ABCC license # (if applicable)
□Proposed hours of operation
□Location of outdoor seating (parking lot,
sidewalk, etc.)
□Proposed number of tables and chairs and
seating capacity
□Site plan and materials list
□Proof of Occupancy/Control of Premises” -
usually a lease or a deed or written permission
from property owner if not the licensee.
Rapid Recovery Plan12
How others are doing it...
How others are doing it...
Two applications, one for seating on private property and one for seating on
public property.
A general application that all applicants must fill out for outdoor dining,
plus a supplemental application for use of a public sidewalk, which is in lieu
of the Sidewalk Use permit that would typically be require
Three separate applications for proposals on private property, public
sidewalk, and public parking. Applications can be submitted for both
outdoor dining and outdoor retail.
Northampton, MA
Worcester, MA
Saco, ME
Separate applications — private and public property
Single application requiring outdoor dining type by locationBrookline, MA
Outdoor Dining/Retail Toolkit 13
Separate applications — private and public property
What’s happening at the State…
Per An Act relative to extending certain COVID-19 measures adopted during the state of
emergency, a municipality’s local licensing authority (LLA) can approve applications for an
extension of outdoor table service until April 1, 2022 without the need to provide advance
notice to abutters or hold a public hearing on the application. The State has not explicitly
allowed this bypass for other forms of outdoor business, such as retail, other than table
service.
Provide a checklist of all requirementsB
At present, businesses that have been granted an
outdoor extension of their premises through this
expedited process will revert to their pre-approval
status after April 1, 2022.
To help businesses organize all of the materials
and information they will need to successfully
apply for an outdoor dining or retail permit, it is
useful to provide a checklist of required items. A
clearly defined checklist will decrease chances for
confusion and enable the applicant to organize the
proper materials in advance, rather than having to
start and stop the application to seek out necessary
documentation. The checklist should be as succinct
and easy to understand as possible.
Rapid Recovery Plan14
How others are doing it...
The City of Boston has a good example of an application checklistBoston, MA
Source: https://docs.google.com/document/d/1LoOFKnBwFAyn7LwhymFI-eCY25Dtlvkf2J3ZYarzkWA/edit
2021 Outdoor Dining Program: Application Checklist
Before you submit your application,please review the following checklist.This checklist provides
an overview of the documents that you will need to prepare and upload with your application.
Please reach out to 2021outdoordining@boston.gov if you have any questions after reviewing.
Documents required from every applicant:
❏Copy of Licensing Board License:Please have ready a copy of your Licensing Board License
(example here) to upload. You will also be required to enter your license number.
❏Site Plan:A site plan drawing of the proposed outdoor dining extension will be required.
This may be hand drawn. It will need to include square footage, access to and from the
licensed premise, and location and number of tables and chairs. See the 2021 Guidance
document for more information on site plan and site set-up requirements.
❏Recent Photo(s) of Proposed Location:You will be required to upload at least one and up to
three recent photos of the proposed location of the outdoor dining extension. These
photos will be used to give reviewers a better understanding of the location, so please
upload clear photos from several angles to assist with review.
❏Photo of Proposed Barrier(s):You will be required to upload a cut sheet, diagram or image
of the proposed type of barrier to be used to create separation from traffic (e.g. planters,
water filled barriers, wooden barriers). Please note:Barriers are needed for both sidewalk
seating and on-street seating.
❏Legal Right to Occupy:If you are applying for an extension on private property, you are
required to submit a letter from the landlord granting the right to utilize the space. If you
are applying for an extension on public property,legal right to occupy will be granted if
your application is approved through the 2021 program application. See the 2021 Guidance
document for more information
❏Certificate of Inspection:Please have ready a copy of your most recent Certificate of
Inspection (example here), whether current or expired.
❏Health, Safety and Operation Plan:Please have ready a Health, Safety and Occupation Plan
that adheres to the information outlined here. These plans should include the following:
❏Description of proposed service
(including staffing levels, days of the
week, hours of operation)
❏Overview of how the extension will be
separated from the non-licensed area
& supervised
❏COVID-19 precautions for
employees and patrons & a social
distancing plan
❏Structures separating patrons from
traffic
❏ADA accessibility
❏Maintenance and storage plan (will tables
and chairs be removed when not in
operation)
❏Safety plan (what steps are being taken to
ensure materials do not enter the travel
path
1
Outdoor Dining/Retail Toolkit 15
List any separate permits that may be required
It is important to explicitly identify any required or optional elements that need a separate
permit application from the business. It is up to the discretion of the municipality to decide which
elements to include as part of the primary application and which require separate permitting.
When possible, streamline the process by designating pre-approval for certain equipment and
models that have been vetted to remove uncertainty on the part of the businesses. Common
examples of things that may require separate municipal approval/permitting include:
Tents/Canopies
Shrewsbury: All tents need a permit from
the Building Dept.
Brookline: Tents or canopies exceeding
120 sq. ft. need a permit from the
Building Dept.
Boston: Tents and canopies are not
permitted in public outdoor dining spaces
(umbrellas allowed). Tents on private
property need approval from the Fire
Dept. and Inspectional Services Dept.
Outdoor Heaters
Northampton: Provides guidance for
use of heaters and requires inspection
by the Fire Rescue Dept. and Building
Dept. before operation.
Brookline: Temporary use of propane
heaters must be approved by the
Fire Dept. Electric heaters must be
permitted by the Town’s Electrical
Inspector.
Platforms (for parklets)
Boston: For a parklet-style deck, a photo
of the proposed deck location and sketch
of the proposed deck, including materials,
dimensions, and drainage clearance, are
required.
Worcester: Decks, platforms, and other
structures may require a building permit.
Sidewalk Use/Obstruction
Worcester: Supplemental
application for sidewalk dining
required in lieu of normal Sidewalk
Use permit
Rapid Recovery Plan16
How others are doing it...
Offer an online application
Online applications help ease the process for businesses and can be done two ways:
• If your municipality already has an online form center or portal for submitting permit
applications, this is a streamlined way to allow applicants to attach any necessary uploads
directly to their application and submit all in one place.
• If you don’t have a public portal for applications and other submittals., an alternative
option is to provide fillable PDFs that applicants can submit by email along with any other
necessary attachments.
Hard copy applications should also be available upon request for applicants who may lack internet
access or proficiency.
Provide a liaison at City or Town Hall
Designating someone as the single point person at City or Town Hall can help ease the process for
businesses that have questions about outdoor dining permitting and provide one stop shopping.
This liaison can also serve as the coordinator of staff and department requirements…providing
a consistent presence and source of information. The liaison can also report back on barriers or
challenges in the permitting process and initiative changes in response to real time feedback from
businesses and public sector collaborators.
Online portal and form center for business applications.Northampton, MA
Fillable PDFs that are emailed by applicants with required attachments.Worcester, MA
C
D
Outdoor Dining/Retail Toolkit 17
Create a short-track or condensed timeline for permitting and
approvals
By coordinating Town or City inspections and reviews, and possibly eliminating or shortening some
public review processes,* the overall timeline from application to permit approval can be shortened,
helping restaurants make quick pivots to retain customers and staff.
In addition, providing clear timelines for permitting…from application
submittal through inspections and approvals, helps businesses stay on
track and prevents misunderstandings and missed deadlines. Time
is money for businesses; important information to include in the
timeline includes:
• Date the application process opens (if applications are
seasonal)
• Overall estimated time from submission to municipal
decision
• Outline any public review periods that are required*
• The application deadline and any intermediary deadlines,
such as site inspections, municipal grants, or materials for
loan (if applicable)
• When the outdoor dining/retail season begins and ends (if
applicable)
* Your community may wish to eliminate or shorten public review periods for
outdoor dining and retail applications in instances where all design guidelines and
other criteria are met by the applicant with no requested waivers.
E
Rapid Recovery Plan18
How others are doing it...
An example of a timeline of key dates from Boston’s 2021 Outdoor
Dining Pilot Program websiteBoston, MA
Key Dates as shown on the City of Boston’s Website,
Source: https://www.boston.gov/departments/licensing-board/2021-outdoor-dining
Outdoor Dining/Retail Toolkit 19
What’s happening at the State…
The Massachusetts Alcoholic Beverages Control Commission (ABCC) has the following
general regulations for licensed established to serve alcohol on patio and outdoor areas:
i. Alcoholic beverages cannot be served outside of a licensed establishment unless and
until an application to extend the licensed premises has been approved.
ii. An application to extend the premises must describe the area in detail, including
dimensions, seating capacity, and maximum occupancy.
iii. The premises must be enclosed by a fence, rope, or other means to prevent access
from a public walkway.
iv. The outdoor area must be contiguous to the licensed premises with either (a) a
clear view of the area from inside the premises, or, alternatively (b) the licensee may
commit to providing management personnel dedicated to the area.
v. The applicant must have a lease or documents for the right to occupy the proposed
area.
vi. The licensing authorities should consider the
type of neighborhood and the potential for
noise in the environs.
vii. Preferred are outdoor areas where alcohol
is served to patrons who are seated at the
tables and where food is also available.
Provide clear design guidelines and other requirements including
alcohol licensing checklist of all requirements
Businesses have expertise in menus, food, dining experiences for customers, service, and in the case
of outdoor retail, displays and signage. The design and construction of outdoor dining and retail can
stymie the most sophisticated business owner…it’s just not part of their expertise and experience.
Guidelines can help! If you wish to provide guidelines for businesses, see the separate section on
this topic below and actual guidelines in Part 2.
F
Rapid Recovery Plan20
Previously, an application to extend the licensed premises to serve alcohol in a new outdoor area
had to be approved by both a municipality’s local licensing authority (LLA) and the ABCC. However,
per Bill S.2475, An Act relative to extending certain COVID-19 measures adopted during the state
of emergency, LLA’s have been granted the authority to approve the extension of licensed premises
until April 1, 2022 without the need for ABCC approval. This means allowing alcohol service in a
public outdoor space, including a space across the sidewalk, is fully at the discretion of the LLA.
After approval, the LLA must notify the ABCC of the amended license.
As with outdoor dining in general, businesses that have been granted an outdoor extension of their
premises for alcohol service through this expedited process are presently scheduled to revert to
their pre-approval status after April 1, 2022. If a business is seeking to extend their premises for
outdoor alcohol service beyond April 1, 2022, they must follow the ABCC’s usual regulations for
Alteration of Premises/Change of Location. This consists of submitting an application to the LLA for
approval, which then gets forwarded to the ABCC for approval.
Businesses that wish to serve alcohol in an outdoor space that does not fit the regulations above,
such as in a non-adjacent space or without table service, can apply for a One-Day Special Permit
through their LLA. Restrictions on the type of alcohol that can be sold vary depending on the type
of business and the nature of the event. For-profit events may only sell wine and/or malt beverages
under the One-Day Special Permit. This permit can only be utilized for a single day, but there is
no limit to the number of permits a business can apply for, only that they cannot be granted to an
individual person more than 30 times in one calendar year.
Offer bulk purchasing of common items needed for outdoor dining
and retail
Some equipment or materials may be specialized and also need to meet safety requirements. Items
such as outdoor heaters have to meet fire safety or electrical codes, and the storage of propane fuel,
if used, can be complicated. Additionally, items such as platforms to raise on-street parking spaces
to sidewalk height are fairly standardized but require construction knowledge and structural design.
To get better prices for businesses and standardize select items that may be hard or confusing to
source, towns and cities may choose to bulk purchase items on behalf of businesses. If you are
interested in doing this, see page 36 for additional information.
G
Outdoor Dining/Retail Toolkit 21
Communities are now considering the next steps to shift from temporary/emergency outdoor
dining and retail measures to permanent zoning and bylaw changes. The cost of a small outdoor
seating area in a public parking space can be well over $25,000, including materials, construction
costs, and new furniture and equipment. For many small businesses, this size of capital investment
is a challenge, and even more so if there is no certainty regarding the ability to continue outdoor
operations post-Pandemic. Instituting permanent zoning and bylaw changes provides certainty for
everyone involved.
Zoning Code Changes
Zoning code and bylaw changes can make outdoor dining and retail options permanent throughout a
municipality or in selected geographic areas or zones. Some considerations should be:
What boards and committees must review any proposed changes, and what time is needed to
do that? Examples can include: economic development committee; business district committee;
planning board; city council or town selectboard, etc.
Allow enough time to enact permanent changes before any municipal emergency/COVID-19
outdoor dining and retail programs expire. We recommend six months, if possible. Your community
may have to extend its emergency COVID-19 program in order to keep something in place until a
permanent program can be adopted.
Consider any limitations you currently have on the length of time outdoor seating is allowed at any
one time. Some communities limited outdoor seating to six months, or to actual dates. Should these
be lifted? Do you wish to encourage year-round dining? See the section on winter outdoor dining
below for additional information.
Which temporary outdoor dining/retail measures or program elements do you wish to retain?
What additional guidelines or elements do you wish to add to a permanent program? We hope this
Toolkit provides useful information to answer these questions.
What are the benefits and costs for a permanent program? See the separate section below for
information on what to consider.
MAKE OUR TEMPORARY/
EMERGENCY OUTDOOR DINING/
RETAIL REGULATIONS PERMANENT
We want to...
Rapid Recovery Plan22
The Importance of Local Voices
Some key temporary changes that were made to streamline the outdoor dining permitting process
in response to the COVID-19 Pandemic were done at the state level. This included eliminating
some public process requirements that can slow implementation, such as holding a public hearing
and giving advance notice to all abutters, and forgoing the need for the ABCC to approve outdoor
extensions of premises to serve alcohol.
While individual municipalities may not have the power to make permanent changes to these state
laws, they can be influential voices to advocate for permanent adoption of temporary changes that
have proven beneficial to their business communities. Local business organizations, chambers
of commerce, and municipal leaders and staff should make their preferences known and provide
stories of the positive benefits they have seen from COVID-19 temporary changes to their state
Representatives.
Outdoor Dining/Retail Toolkit 23
How others are doing it...
Haverhill, MA In 2004, the City of Haverhill, MA enacted an Outdoor Dining Permit
Ordinance that defined and streamlined the outdoor dining process
within their Commercial Center zoning district. In response to
higher demand during the COVID-19 Pandemic, they streamlined the
permit approval process further by moving initial permit application
review from the License Commission to Inspectional Services. Using
OpenGov, after Inspectional Services gives approval, it automatically
triggers the application to be sent to the City’s other regulatory
bodies that need to review.
Brookline, MA is seeking to adopt new General and Zoning Bylaws to
create permanent outdoor dining in the town by:
Extending the outdoor dining season from a 6-month maximum to
year-round
• Allowing outdoor seating in parking space parklets and
privately-owned areas adjacent to restaurants
• Streamline the application process by replacing Planning
Board review with Planning and Community Development
Department staff review
At 2021 Spring Town Meeting the Brookline Select Board voted
in favor of these changes, following a presentation of rationale
delivered by the Department of Planning and Community
Development.
New York City is working on a permanent Open Restaurants program
that would change zoning text to remove geographic restrictions on
where in the city sidewalk cafes can be located and consolidate all
applications under one agency.
Brookline, MA
New York, NY
Rapid Recovery Plan24
Design Guidelines
Perhaps the greatest positive impact a municipality can provide to businesses is to offer design
guidelines for outdoor dining and retail spaces. These guidelines can save time – for research,
design, codes compliance, ADA requirements, etc. Strong guidelines can also be critical to convince
municipalities that they can allow uses by right, if the guidelines are met, and eliminate or reduce
discretionary review.
Part 2 of this Toolkit contains sample design guidelines for a variety of outdoor dining and retail
situations. Municipalities may distribute relevant samples to businesses in their communities
as guides or use these samples as a resource to create their own guidelines. All outdoor dining
and retail must meet state accessibility requirements; Outdoor Dining/Seating Fact Sheet for
Accessibility Requirements is attached to this Toolkit at the end of Part 2.
When establishing guidelines for outdoor spaces adjacent to the curb, whether on the sidewalk or in
on-street parking, it is important to identify existing curbside uses that prohibit the implementation
of outdoor dining or retail.
WE WANT TO PROVIDE DESIGN
AND MATERIALS GUIDELINES TO
BUSINESSES
Materials Guidelines
Materials guidelines can help provide an overall aesthetic framework while allowing businesses to
express their individual brand/style and meet any code or other municipal requirements. There are
several categories of materials that must be considered for an outdoor dining or retail space:
Barriers Furniture Heating Parklets
PROVIDE DESIGN AND MATERIALS
GUIDELINES TO BUSINESSES
We want to...
Outdoor Dining/Retail Toolkit 25
There are two categories of barriers that a business may need to use: protective barriers and
separation barriers.
Protective Barriers are used when an outdoor space overlaps/abuts with motor vehicle space,
with the most typical scenario being the use of a parking space in the street or in an active parking
lot. Protective barriers are sturdy and heavy and must meet any requirements of local Department
of Public Works or Transportation Department. A common practice is for the municipality to
provide and install these barriers and remove them at the end of the outdoor dining/retail season,
if applicable. Examples include concrete and water-filled jersey barriers and heavy planters, such
How others are doing it...
Boston, MA
In its outdoor dining guidance document, the City of Boston has
identified the following curbside uses where conflicting outdoor
dining requests will not be approved:
• 10’ clearance on either side of
a fire hydrant
• Handicap accessible parking
• No stopping
• Travel lane
• Bike lane
• Bus lane
• Crosswalk
• Fire access lane
• Bus stop
• Bike share station
• Car share space
Barriers
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Jersey barriers and water-filled barriers lack aesthetic appeal, and various strategies exist to
beautify these enclosures, including treating the jersey barriers as a canvas for paint (see example
below). We suggest another strategy which could benefit from municipal coordination: at 24” wide,
jersey barriers take up considerable room and restaurants often then add another material or
screen on the dining side of the barrier for aesthetic reasons and to support planter boxes, lattice,
etc. Combining the aesthetic treatment with the barrier itself could reduce the space needed and
provide a good solution to beautifying the barriers. A standard enclosure for this barrier consisting
of a box, constructed of marine-grade plywood, with a planter space built in at the top could improve
aesthetic appeal and regularity while allowing for individualization for each outdoor dining or retail
area through the paint and details used.
How others are doing it...
Beverly, MA
Salem, MA Some businesses are paying artists directly to paint jersey barriers
around their outdoor dining spaces. In other cases, cities and nonprofits
are covering costs and providing a framework for a larger beautification
effort around outdoor dining and retail barriers. In downtown Beverly
and Salem, the Creative Collective’s “Jersey Barrier Beautification
Project” has used $35,000 to pay approximately two dozen artists to
paint jersey barriers. Artists’ payments run $200 per barrier and up.
Colorfully painted protective barriers outside of Bambolina Restaurant in Salem, MA.
Source: Karl Alexander
as those weighted with sandbags. Protective barrier height minimums and maximums vary by
municipality, though these are typically at least 30” high. The required extent of protective barriers
varies by municipality, but at a minimum they should be placed where there are potential conflicts
with forward-moving traffic.
Outdoor Dining/Retail Toolkit 27
Separation Barriers are not intended to provide protection but are used to demark outdoor
dining or retail space from pedestrian or public space. Planters, fencing, and lattice are commonly-
used separation barriers. For spaces in parking areas, separation barriers are used where
protective barriers are not present to create a full enclosure with no gaps leading to vehicular
circulation areas.
Wood and screens are used to create separation barriers for a sidewalk café outside of a New York City restaurant.
In most cases the appearance and maintenance of barriers is the responsibility of the business
using them, and allowing businesses to paint or decorate barriers can create a more inviting and
visually pleasing space or streetscape. An optional program add-on could be a public art project
through competition or general matches of artists with businesses. Municipalities might consider
providing grants to pay artists to paint jersey barriers and other protective barriers along the public
street or right-of-way.
Rapid Recovery Plan28
Regardless of the type of barriers used, they should not be bolted down
or fastened to the ground or other objects without municipal approval.
The outside of barriers in a parking area may also need reflective strips
if they do not already have reflective surfaces.
It should be noted that while the use of jersey barriers and other
protective barriers has been implemented as standard operating
procedure for outdoor dining in communities across Massachusetts,
this standard was designed as part of rapidly rolled out programs
using available equipment and is not based on universal best practices.
In other parts of the country and the world, outdoor dining has been
implemented with minimal or no protective barriers, which has certain
benefits including sleeker and more attractive design and easier setup
and removal, particularly in preparation for snow storms in areas
where outdoor dining operates year-round. As municipalities are
formulating permanent regulations to allow outdoor dining, additional
research is needed on the value of protective barriers, including
providing real safety benefits as well as customer perception of safety.
State Regulation
Per ABCC state regulations, any outdoor space where alcohol is being served, whether
public or private, must also be enclosed by barriers to prevent access from a public
walkway. For outdoor spaces not in a parking area and without alcohol service, separation
barriers are not universally required, and it is up to the discretion of
the municipality to decide when they are needed.
Outdoor Dining/Retail Toolkit 29
How others are doing it...
New York, NY Protective barriers at least 18” wide are required on the side of
the outdoor dining enclosure facing forward-moving traffic. As an
alternative to jersey barriers, businesses are allowed to use barriers
that are completely filled with soil or sand. The City has standardized
the enclosure required for all outdoor dining in public parking spaces
on the roadway to include planter boxes which, while having set
dimensions, can be decorated and filled as each business desires. This
is an effective approach to creating some visual order while allowing
individual creativity at each business.
How others are doing it...
Portland, OR Outdoor dining areas in parking spaces on streets with speed
limits of 25 MPH or less do not require protective barriers
(separation barriers are required). On streets with speed limits
higher than 25 MPH, a traffic control plan is created in coordination
with the City’s transportation department.
Source: Open Restaurants, New York City Department of Transportation
Rapid Recovery Plan30
For outdoor dining spaces, furniture typically consists of tables, chairs, benches, and bike parking,
and perhaps a type of overhead covering, such as umbrellas, tents, or awnings. Outdoor retail
furniture can include racks, tables, merchandise stands, and shelving. Access within the space and
access to, and use of, the furniture must comply with the state accessibility requirements, included
in Part 2. Individual municipalities may have additional accessibility requirements or guidelines
that affect furniture placement and considerations. If this is the case, we strongly recommend your
municipality specify that your requirements are inclusive of state requirements OR combine your
local requirements and the state requirements into one document…including the most stringent, as
applicable, so that businesses do not have the confusion of comparing and choosing between the
two.
When not in use, furniture should be brought inside or secured and locked together to prevent any
possible obstruction of the public right-of-way. Furniture should not be stacked outside or secured
to any other objects, such as trees, streetlights, or barriers. As with barriers, businesses are
responsible for maintenance, and furniture should be easily movable and not bolted or fastened to
the ground.
Per the Governor’s COVID-19 Order No. 35, overhead covering must have at least
50% of the perimeter open and unobstructed by siding at all times. For example, if
a tent is used, at least two sides must be open to the air without walls or siding. As
mentioned earlier in Part 1, tents or canopies often require separate permitting to
ensure they are set up and secured properly, that they are not fire hazards, and that
they don’t obstruct sightlines for road users. Umbrellas are normally
allowed without separate permitting granted they meet the same
conditions.
Furniture
State Regulation
Outdoor Dining/Retail Toolkit 31
How others are doing it...
Heaters are an important consideration for outdoor dining, especially to extend the outdoor dining
season or when allowing all-season outdoor dining. Like canopies, separate permitting is often
required for heaters to ensure they are in compliance with regulations and not fire or safety hazards.
The two types of commonly used heaters are propane heaters and electric heaters. Municipalities
are encouraged to continue adhering to their existing permitting and regulations for heaters.
While portable heaters are often less expensive than installing electric heaters (which require
building permits and a licensed electrician), a particular obstacle for the use of propane heaters is
the requirement for storage of propane tanks, which should not be stored inside buildings but only
in approved structures or cages.
Accessibility of Spaces – Ramps and Parklets
The common scenario of outdoor dining in an on-street parking space presents a challenge for
accessibility. The difference in grade level between the sidewalk and street is typically a 6” curb
height. To meet accessibility requirements, a ramp to access the lower street level from the sidewalk
or a full platform (also known as a parklet) to bring the street level space up to sidewalk level must
be constructed.
Brookline, MA As a resource, the Town of Brookline, MA established a pilot
program for permitting portable propane patio heating equipment
to support businesses in establishing outdoor dining.
Heaters
Parklets
Rapid Recovery Plan32
Ramp
Accessible ramps must have a maximum slope of 1:12
which means for every 1” in grade difference the ramp
must be 12” long. This requires a 6’ long ramp for a 6”
curb height. Ramps should be a minimum of 4’ wide and
must have 4’ of clear space at the bottom and top. The size
requirements for a ramp cuts into usable outdoor dining
and retail space and while less expensive to construct than
a full platform, may be impractical for smaller outdoor
areas. Part 2 has more information about ramps.
Platform/Parklet
A parklet is an extension of the sidewalk into an on-
street parking space made from temporary materials; the
platform brings the street space level with the sidewalk.
The construction of parklets to create new outdoor dining
spaces became a popular and important tool during
the COVID-19 Pandemic for restaurants that otherwise
would not have had access to outdoor seating. A platform
eliminates the need to provide a ramp to the dining or
retail space and can also provide a level surface over a
street that may have an uneven surface (cobblestones) or
be sloped. The platform used for a parklet also allows the
adjacent sidewalk to be an extension of the outdoor dining
or retail space, if there is sufficient room.
The disadvantage of parklets is that they can be expensive
and challenging for a business to build on its own, as even
simple parklets can cost thousands or tens of thousands of
dollars when factoring in the expense of design, materials,
labor, and permitting. The change in level from the
platform to the street requires a continuous barrier and
railing around the space and also requires posts at corners
to make this platform visible to vehicles. This Toolkit
provides the basics for design and construction in Part 2,
and any funding resources the municipality can provide
will make this process easier for businesses.
Diners eat on a parklet in New York City.
Platform dining, Portland, Maine
Platform parklet with a ramp, Portland, Maine
Outdoor Dining/Retail Toolkit 33
The National Association of City Transportation Officials (NACTO) has created a short design guide
for parklets, including the critical, recommended, and optional elements to consider. Among the
most important things to keep in mind is that parklets must not interfere with the water drainage
in the street, and they must be consistent with the state’s outdoor dining/seating accessibility
requirements. Another useful resource is Parkade’s parklet guide, which includes design tips and
options, materials options, and suggestions for constructing an affordable parklet.
Source: NACTO Parklet Design
Guidelines. Source: National
Association of City Transportation
Officials
Rapid Recovery Plan34
All in all, the design, permitting, and construction of outdoor dining and retail is expensive.
Materials, design drawings, construction, and purchasing tables, chairs and other equipment are
not insignificant capital investments. Municipalities and businesses associations can play a role in
making parklet construction more affordable (see the next section on bulk purchasing). The state
also offers several funding opportunities that municipalities and businesses can take advantage of to
support parklet construction, such as:
• Complete Streets Funding Program
• Commonwealth Places
• Community One Stop for Growth
• Shared Streets and Spaces Program
• Massachusetts Growth Capital Grants and Loans
Parkade’s guide includes a diagram of how to construct an affordable wooden parklet. Source: Parkade Complete
Guide to Parklet and Streeteries. https://parkade.com/parklet-guide-and-how-to-build-a-parklet.
Outdoor Dining/Retail Toolkit 35
How others are doing it...
Haverhill MA In 2018, the City of Haverhill adopted a parklet ordinance into its
General Bylaws.
The Town of Arlington launched a Parklet Program
and installed three public parklets in 2020 with the
support of a state Shared Streets and Spaces grant.
Following the success of these parklets, the Town
took advantage of another Shared Streets and Spaces
grant to improve upon its Parklet Program in 2021.
Arlington, MA
Rapid Recovery Plan36
The costs for buying materials and constructing and maintaining outdoor dining can be
prohibitive for a small business. Municipalities may consider instituting a bulk purchase
policy for reimbursement by businesses to get better prices and to help assure businesses
that equipment such as heaters meet code and requirements. In addition, municipalities can
offer delivery, pick-up, and provision of other materials, if desired.
Bulk Purchase Program
This process should start with an in-house assessment of resources and capabilities, as
well as mechanisms for repayment of equipment costs by businesses (or grants to cover
costs, if applicable). Municipalities should also consider coordinating efforts with multiple
businesses through a business association or a Business Improvement District (BID)
to investigate the most viable option for a bulk purchasing program. The most feasible
items for bulk purchasing include equipment that must meet stringent code or permitting
requirements, such as:
• Portable heating equipment
• Fuel (propane) storage equipment
• Outdoor communal storage for inclement weather
• Umbrellas
• Parklet platforms (constructed to building code and available in modular
components the size of a standard on-street parking space)
FACILITATING BULK PURCHASING
OF MATERIALS AND EQUIPMENT
TO HELP BUSINESSES.
We are interested in...
Outdoor Dining/Retail Toolkit 37
Recommended steps to institute a bulk
purchasing program:
□What are the resources and capabilities of your
municipality?
□Is there a staff member who can oversee a bulk purchase
program?
□What department can best do this (DPW, Parks, Planning,
Transportation, Facilities)?
□What are the mechanisms for payment by the businesses
for equipment procured by the municipality? Can this be
incorporated into an existing online fee payment structure
(used by building department, tax clerk, etc.)?
□Can your municipality apply for a grant(s) to cover the
cost of the program?
□Is there a business association, chamber of commerce,
or BID with whom you can partner? Can they take on
oversight of the program with collaboration from your
municipality?
□Take a survey of businesses to assess interest and
develop a list of needed furniture and/or equipment that
would be good candidates for bulk purchasing.
□Get prices for bulk purchase based on the items identified
in the business survey.
□Arrange for payment for items/payment commitment
from businesses
Rapid Recovery Plan38
Resources
There are a host of restaurant supply companies that offer a range of heating products.
Municipalities interested in bulk purchasing should investigate online sources for outdoor heating
equipment and tables/chairs as well as talk to business owners who have made equipment
purchases to identify possible bulk purchase options. We also encourage contacting area trade
schools and trade unions about contracting for construction of platforms for parklets. Finally, using
portable storage pods and placing them in a common area in a remote section of a public parking lot
or extra alley space could help solve winter storage of equipment for multiple businesses if outdoor
dining is seasonal.
Outdoor Dining/Retail Toolkit 39
Clustering outdoor dining spaces on public property may be a desirable option. If several
businesses along a stretch of commercial area are interested in creating outdoor dining, it may be
more space- and cost-effective to coordinate these efforts together. Creating a larger coordinated
outdoor dining zone could also be an effective strategy to activate a public space and attract
more visitors. Clustered outdoor dining can be operated in two ways: business-managed and
municipality-managed.
Business-managed
In this scenario, your municipality would provide a general outdoor dining area that can be used by
adjacent restaurants only (this would allow liquor service as per current State regulations).
• Space is used by multiple designated adjacent restaurants. Each restaurant is allocated a
specific space.
• Municipality provides overall protective barriers for the entire space, if needed by local
regulations.
• Restaurants are responsible for providing tables and chairs and for sectioning off their
designated area.
• Cleaning of tables, maintenance, and movement of furniture, if required, is the responsibility
of individual restaurants.
• Adjacency of space allows restaurants to serve alcohol.
CONSIDER CLUSTERED PUBLIC
SPACES FOR OUTDOOR DINING
We want to...
Rapid Recovery Plan40
How others are doing it...
Cambridge, MA The City of Cambridge, MA has provided a number of these
larger dining areas in business districts including in Central
Square, Harvard Square, Kendall Square, and Inman Square.
These flexible spaces have offered increased opportunities for
outdoor dining where adjacent sidewalk or parking areas aren’t
available for every business. On a section of Cambridge Street
in Inman Square, the City has temporarily closed vehicular
traffic in one direction to allow outdoor dining to expand into the
street.
From the City of Cambridge website: “At permitted locations
across the city, restaurants will be responsible for providing
tables and chairs according to social distancing guidelines and
sectioning off their outdoor dining areas each day. Due to liquor
license requirements and to ensure that the tables are cleaned
between each use, these new outdoor dining areas will be
designated for use by the adjacent restaurants. Where possible,
the outdoor dining areas may be used for loading or parking
when they are not being used for dining.”
A business-managed outdoor dining cluster in Cambridge’s Central Square. Source: CivicMoxie
Outdoor Dining/Retail Toolkit 41
How others are doing it...
Northampton, MA Northampton, MA temporarily closed Strong Avenue in its
downtown to implement “Summer on Strong,” a collaboration
between the City and businesses on the street to offer
expanded outdoor seating and musical performances during
the summer. Funding for the effort largely came from
sponsors, including some local businesses1.
“Summer on Strong” outdoor dining. Source: Karl Alexander
1: Feldman, Luis. “‘A little alfresco’: Strong Avenue makeover provides new outdoor dining experience
in Northampton.” Daily Hampshire Gazette. May 26, 2021. https://www.gazettenet.com/StrongAvenue-
hg-05252021-40642962.
Rapid Recovery Plan42
Municipality-managed
In this scenario, your municipality would provide a general outdoor dining area that can be used by
anyone who is bringing their own food or who purchases takeout from a nearby restaurant, similar
to a food court.
• Space is used by anyone. There are no allocated spaces for individual restaurants.
• Space can be as small as one table with benches or chairs, or larger.
• Municipality provides overall protective barriers for the entire space, and all tables and
chairs.
• Municipality provides overall maintenance and upkeep of space (furniture, signage, major
sweeping and trash removal) if needed by local regulations.
• Table cleaning can be accomplished three ways:
1. Municipality provides cleaning/sanitizer stations
2. Nearby restaurants provide general cleaning (understanding that the space
benefits their takeout business)
3. Signage indicating that users of tables are responsible for own cleaning/
sanitizing
• No alcohol is allowed in the space.
It is recommended that your municipality look at an overall plan for providing seating and tables
throughout your commercial district to ensure you are making the best use of public space and
offering the most support possible to local businesses.
Outdoor Dining/Retail Toolkit 43
How others are doing it...
Brookline, MA During the 2020 COVID-19 shutdown, the Town of Brookline sought
opportunities to provide as much seating and table space in the
Coolidge Corner commercial district to help businesses that had
no adjacent usable public space for outdoor dining and retail or
that didn’t have the resources for quick buildout of outdoor dining.
By identifying all possible locations for different opportunities for
resting locations, seating, and eating spots, the Town was able to
have a larger plan about which public spaces should be prioritized
for seating and dining locations. These spaces were meant to
supplement any business efforts to provide outdoor dining.
Source: Town of Brookline and CivicMoxie, LLC.
Rapid Recovery Plan44
There are municipal costs involved in permitting outdoor dining and retail, as well as community
benefits. Being clear about the costs and benefits, as well as potential negative impacts, can help
your community make educated decisions and tailor an outdoor dining and/or retail program to fit
your needs and resources.
Loss of parking spaces
Enabling expanded outdoor dining or retail often involves the conversion of parking, both on-
street and surface lots, into dining and retail spaces. The loss of these spaces is a concern, both
for merchants and the customers who frequent these business districts. This concern is especially
pertinent if the business area is not easily accessible by walking or public transit, so vehicle trips
cannot be replaced. While loss of street parking to parklets can contribute to a parking shortage,
this is more likely to result from the conversion of private business parking lots into larger outdoor
dining or retail spaces. Without parking alternatives, such as a garage or public lot, an unintended
consequence could be the use of nearby residential streets as overflow parking, especially if there
are no parking restrictions in those neighborhoods. It is important for planners and those granting
permits for outdoor dining and retail to consider the transportation options and capacities of their
business areas and neighborhoods when making permitting decisions.
When possible, advance notice of the planned removal of parking spaces should be posted both
physically at the parking spaces and online. It is also important to emphasize that decisions
to remove parking were made in collaboration with and with the support of the local business
community.
Loss of parking revenue
Loss of metered on-street parking or parking spaces in municipal pay lots translates to a loss of
revenue for the municipality. Quantifying this expected loss is an important first step in addressing
concerns (see example below from Brookline, MA). Support of the entire business district is a public
good and benefits residents by helping retain local businesses and services. A robust commercial
district also contributes to property tax revenue and the jobs base. The loss of parking revenue is
COSTS AND IMPACTS, INCLUDING LOSS
OF PUBLIC PARKING AND/OR PARKING
REVENUE, AND NOISE
We are concerned about...
Outdoor Dining/Retail Toolkit 45
often more than offset by higher property, meals, and rooms taxes.
However, if a municipality wants to make up expected lost revenue from the conversion of a metered
space to a parklet, there are several possible strategies that can be employed:
• Replace lost meters by converting existing free parking spaces
to new metered spaces.
• Increase the fees at the remaining parking meters to cover
expected losses.
• Charge a fee to the business that will be using the metered space. One way to determine this
fee is to calculate the expected lost revenue from the loss of the parking space.
• Implement or increase a local meals tax to generate new revenue.
Administrative and material costs
Administering an outdoor dining and retail program takes staff time from a number of departments
and costs should be considered for:
• Permit application review
• Assistance to businesses (and staff to aid in streamlined processes)
• Materials such as jersey barriers (cost of materials and delivery/pick-up/re-positioning)
Noise
Another common concern of municipalities about expanded outdoor dining and retail is an
increase in ambient noise, particularly in the evening, that disrupts residents. Despite the concern,
investigation into this issue suggests that most communities who have implemented temporary
outdoor dining have received few noise complaints, if any at all. This is likely because outdoor
dining tends to be located in more commercial or dense areas where there are fewer residents, and
residents living in those areas are accustomed to ambient noise into the early evening.
Since the most likely source of complaint is disturbance in the later evening, one solution is to
set an earlier cut-off for hours of operation for outdoor dining or retail. For example, the Cities of
Boston and Haverhill have restricted hours of operation for outdoor dining to 10 PM Sunday through
Thursday and 11 PM Friday and Saturday, though restaurants may stay open later than this for
indoor dining. If a city or town wishes to set more restrictive hours of operation for businesses in
more residential zoning districts, this can be built directly into an outdoor dining or retail ordinance.
Rapid Recovery Plan46
How others are doing it...
Another potential source of noise concern is from outdoor entertainment, such as music or
televisions, as this is often louder and travels farther than patron conversations. If this is a major
concern in the short-term, one option is to ban outdoor entertainment, as the City of Boston did
for their 2021temporary outdoor dining season. However, this is likely not a good solution for
communities that are seeking to create permanent outdoor dining regulations. If your municipality
has a permitting process for outdoor entertainment licenses, it may be desirable to keep this
separate from the outdoor dining or retail permitting process to streamline approval for dining or
retail, while maintaining the ability to look more closely at outdoor entertainment on a case-by-
case basis.
Northampton, MA One of the lessons learned from the COVID-19 Pandemic is
that municipalities, businesses, and residents must be willing
to be creative and adapt to new situations. In response to
noise complaints from neighbors regarding loud music at one
restaurant, the Northampton License Commission voted to
add pertinent restrictions to the restaurant’s entertainment
permit, including ending outdoor performances one hour earlier
and banning the use of amplifiers. This solution allowed the
restaurant to continue to offer outdoor entertainment while
addressing the neighbors’ needs.
It is good practice to be explicit in your materials to businesses that they should be considerate
of neighbors regarding noise, and to provide information about reporting concerns (noise and
otherwise) in a logical and accessible location. For example, the City of Worcester has contact
information and instructions for reporting concerns on their Temporary Outdoor Dining
Program webpage, shown below.
Outdoor Dining/Retail Toolkit 47
How others are doing it...
Brookline, MA In its efforts to extend temporary outdoor dining to a permanent
zoning bylaw change, the Town of Brookline quantified the
estimated costs of the program for a typical outdoor dining
space using on-street parking. This information allowed Town
Meeting, the Planning Board, Selectboard, and others, to weight
the benefits and costs when making decisions.
Source: Warrant Articles 29 & 30 May 21, 2021 Town Meeting presentation by Meredith Mooney, Economic
Development Planner, Town of Brookline Planning and Community Development Department.
Rapid Recovery Plan48
Extending the outdoor dining season can provide significant support for restaurants, enabling them
to operate throughout the year. While snow removal on public streets is often cited as the major
barrier to winter outdoor dining, there are other considerations as well. Your community should
consider the following when deciding how to support winter outdoor dining:
Snow removal
In the case of snow, street plowing and sidewalk clearance are the major concerns in allowing
businesses to operate outdoor dining in on-street parking spaces in the winter months. Sidewalk
clearance is generally the responsibility of the business. In the case of street plowing and winter
weather precautions, there are a few possibilities that you should consider when crafting a policy
about all-season dining:
• Allow winter outdoor dining only where there are continuous strips of dining or where there
is sufficient gap between dining spaces to allow for plowing.
• Allow winter outdoor dining for all outdoor dining spots and create a system of requirements
depending on storm severity:
• Advisory: light snow (under 1” or 2”), ice, or sleet – restaurants may continue
operations but must clear sidewalks and hydrants of all snow and ice.
• Alert: over 2” of snow – outdoor dining suspended during storm event. Municipality
may require removal of overhead elements including roofs, awnings, etc.
Snow removal need not block outdoor dining options. Some municipalities, including NYC, have
smaller snow removal plows and blowers that are used in denser areas that can maneuver between
spaces to clear parking and pathways. If you are considering permanent changes in your zoning
bylaws to allow outdoor dining, you should consider year-round options and ways your DPW
purchases and equipment can accommodate the new “normal.” Additional research and insight into
the value of protective barriers could also affect snow removal procedures and influence all-season
outdoor dining rules; if fewer or no heavy barriers are used in the future, this would make it easier
to disassemble outdoor dining materials in advance of heavy snow events.
ENCOURAGE WINTER OUTDOOR DINING
We want to...
Outdoor Dining/Retail Toolkit 49
How others are doing it...
Furniture and equipment storage
In inclement weather, some equipment and furniture may need to go into storage. For an operating
restaurant, storage inside may be impractical. One consideration may be that municipalities provide
common storage for restaurants (which may also be needed if no winter outdoor dining is allowed).
Purchase and installation of pod-type storage containers for use by area businesses can help solve
storage issues. These pods might be placed in public parking areas or other common areas with
easy business access.
Heating and comfort
Clarity on heating equipment and where they may or may not be used is important.
Resources needed to “winterize” dining spaces
In addition to the costs for building outdoor dining spaces, businesses face additional expenses to
winterize spaces for use all year. Those additional costs include:
• Heaters and fuel/electricity
• Storage for inclement weather
Municipalities might consider grants for businesses to help them winterize their outdoor dining
spaces.
Boston, MA The City of Boston created a Reopen Boston Fund in the
Fall of 2020 to provide financial assistance to restaurants to
provide winter outdoor dining. Grants of up to $3,000 helped
restaurants cover the costs of equipment needed for cold
weather operations. Businesses were required to provide
receipts for purchases of things such as heaters, fuel, and
outdoor storage, as well as any additional purchases for winter
seating and tables.
For winter 2020-2021, the Towns of Brookline and Falmouth
launched temporary winter outdoor dining programs that can
serve as references
Brookline, MA
Falmouth, MA
How others are doing it...
Boston, MA The City of Boston created a Reopen Boston Fund in the
Fall of 2020 to provide financial assistance to restaurants to
provide winter outdoor dining. Grants of up to $3,000 helped
restaurants cover the costs of equipment needed for cold
weather operations. Businesses were required to provide
receipts for purchases of things such as heaters, fuel, and
outdoor storage, as well as any additional purchases for winter
seating and tables.
For winter 2020-2021, the Towns of Brookline and Falmouth
launched temporary winter outdoor dining programs that can
serve as references
Brookline, MA
Falmouth, MA
Rapid Recovery Plan50
In addition to public sidewalks and streets, outdoor dining can be located in public parks. The
process will likely be similar in many ways, although parks typically fall under the jurisdiction of
a different department than roadways and require a different permitting process to reserve. If a
municipality anticipates a number of requests to use park space for outdoor dining from individual
businesses, they may want to coordinate with the parks department to build this option into the
streamlined permitting application and review process. If requests to use park space will be minimal
or will be restricted to larger efforts coordinated with multiple businesses, it may be simpler to
treat these requests on a case-by-case basis. Either way, there are several things that should be
considered when planning outdoor dining in public parks:
What are the other uses of the park? If the park is well-used by the community for other purposes,
such as by families and children, exercise, or leisure, it is important to determine how much of the
park space to preserve and if it is appropriate to use any of the space for outdoor dining.
Are there additional restrictions? A municipality may have stricter local regulations for parks than
other public spaces, including alcohol service or live music, that require supplemental policies to
allow desired uses.
How should the space be laid out? Dining on the sidewalk or in parking spaces is directly adjacent
to transportation facilities, and so must have specific design guidelines to make sure accessibility is
not impeded. Accessibility in parks is much less defined, other than not blocking formal pedestrian
pathways. Therefore, it may be most useful to use the design guidelines for a full street closure
provided in Part 2 when thinking about park spaces.
Is the outdoor dining space itself accessible? Outdoor dining areas in parks must still abide by the
state’s outdoor dining accessibility regulations, provided at the end of this Toolkit. This includes
having an accessible route and a level, flat surface. Because parks are typically grass surfaces,
temporary pathways and/or platforms may need to be used to meet accessibility requirements.
Is the park under municipal or state jurisdiction? If the park is under state jurisdiction, use for
outdoor dining cannot be permitted through the local permitting system and would have to be done
in coordination with the Massachusetts agency responsible for oversight.
ENABLE OUTDOOR DINING IN PARKS
We want to...
Outdoor Dining/Retail Toolkit 51
ENABLE OUTDOOR DINING IN PARKS
How others are doing it...
Needham, MA The Town of Needham, MA created several outdoor dining
spaces on Town-owned property, including the Town Common,
for restaurant-goers to enjoy takeout from local restaurants.
Needham also adopted a temporary policy allowing to-go
alcohol to be consumed in the designated public outdoor
spaces.
Implementing outdoor dining and retail is not just about designing a robust and streamlined
program; municipalities need the support of residents and local political leaders to turn proposals
into actions, especially if the goal is to make these changes permanent once the State’s temporary
orders expire. While there will always be opponents, especially surrounding already controversial
topics like the removal of parking, there a few positions advocates can focus on to help garner
general support.
Outdoor dining has quickly revitalized restaurants and business districts. Outdoor dining was a
major financial lifeline for restaurants during shutdowns and the peak of the COVID-19 Pandemic
in Massachusetts. There is still much uncertainty surrounding the timeline of the Pandemic and
emergence of variants, as well as cautioning from the scientific community about being indoors
without face coverings, even for vaccinated individuals. Even when the Pandemic eventually
subsides, there is uncertainty about the level of comfort much of the population will have about
returning to indoor public settings. Outdoor dining and retail can continue to be a revenue boost
for businesses, while removal of outdoor dining could be a large financial burden for those who are
currently benefiting from it. Additionally, research has shown that investment in placemaking and
public spaces, like outdoor dining or retail zones, indirectly benefits local businesses by increasing
foot traffic to the surrounding area.
GAINING PUBLIC AND
POLITICAL SUPPORT
We want suggestions for...
Rapid Recovery Plan52
IDENTIFYING FUNDING FOR IMPLEMENTING
A BUSINESS TOOLKIT AND FOR HELPING
BUSINESSES IN OTHER WAYS
Outdoor dining has changed the way we think about public spaces. In addition to benefits for
businesses, outdoor dining positively activated public spaces during a time when anti-urban and
anti-density sentiments were spiking. Activated public spaces generate activity and opportunities
for arts and culture that make commercial areas more vibrant, attractive, and economically
healthy.
There are strategies for making up lost parking revenue. As discussed above, loss of metered
parking revenue may be a concern for some municipalities, but there are strategies to replace
much or all of the projected lost revenue. These include raising the price of other free or metered
parking spaces, or charging a fee to business utilizing parking spaces, though this may be a
less attractive option if the goal is to encourage outdoor dining. The Town of Brookline has also
broached the idea of offsetting lost parking revenue with additional meals tax revenue.
Outdoor dining and retail is generally supported by the business community. Perhaps most
importantly and influential, outdoor dining programs and process for making implementation
easier have largely been supported by the business community. Local businesses play an
important role in fostering the culture, activity, and sense of community in downtowns and
neighborhoods, and can be influential advocates for outdoor dining and retail.
How others are doing it...
Outdoor dining and retail zones can enhance downtown spaces to attract new
visitors and economic activity. Research by the Brookings Institution on downtown
revitalization and recovery found that investment in public spaces and placemaking
supported the development and success of local small businesses. This happens both
directly by providing physical spaces for businesses to operate, and indirectly, by
increasing foot traffic to the surrounding areas.
Outdoor Dining/Retail Toolkit 53
In addition to the funding resources provided above for parklet construction, the Massachusetts
Rapid Recovery Plan (RRP) Program has compiled a crowdsourced list of funding resources,
many of which are applicable to the implementation of outdoor dining and retail. These
include a mix of municipal, for-profit, and non-profit funding opportunities related to the public
realm, private realm, revenue and sales, and arts and culture, as well as grants that support
administrative capacity to help municipalities and non-profits fund the creation and roll-out of
their own Toolkit.
Other non-grant strategies include pursuing sponsorship from local businesses and larger
companies and collaborating with local non-profits and business associations to conduct
community fundraising.
IDENTIFYING FUNDING FOR IMPLEMENTING
A BUSINESS TOOLKIT AND FOR HELPING
BUSINESSES IN OTHER WAYS
We want help...
Rapid Recovery Plan54
How others are doing it...
New York, NY Assembly for Chinatown, launched by New York City non-profit
Think!Chinatown and design studio A+A+A Studio, is an initiative
to build outdoor dining spaces for Chinatown businesses at no
cost. Buildouts are 100% funded by donations from individual
contributors and organizations, and designs and materials are
sourced from local vendors. Artists beautify the spaces with the
help of volunteers. As of 2021, they’ve been able to create nine
outdoor dining sites that serve 13 businesses.
Source: Assembly for Chinatown led by Think!Chinatown and A+A+A Studio. Design: A+A+A
Studio, Contractor: Chaos Built, Art: Channel Miller, Photography: Trudy Giordano.
Outdoor Dining/Retail Toolkit 55
In Part 2, we provide a suggested Table of Contents for your own community outdoor dining/retail
Toolkit and also offer design guidelines to take the guesswork out of the design and construction of
spaces and furniture quantities needed.
A TEMPLATE FOR OUR OWN COMPLETE
OUTDOOR DINING/RETAIL TOOLKIT
We want...
Rapid Recovery Plan56
Part 2:
Building Your Own
Toolkit or Resource Guide
This Toolkit is primarily intended to be a resource for municipalities in their
outdoor dining and retail decision-making and implementation. However,
once your municipality designs your outdoor dining or retail program, you
may want to assemble the regulations, resources, and instructions specific
to your community in a guide for your businesses. This could take the form
of a webpage or a community-specific business Toolkit in the form of a
downloadable and paper-copy pdf. In this Part 2 of the Toolkit, we provide
some resources to help structure such a resource guide for your businesses.
Outdoor Dining/Retail Toolkit 57
2.1 Suggested Outline for a Toolkit/Resource Guide for
Businesses
Below is a suggested outline for your resource guide, along with some questions to
help you think about how to build it out.
i. Introduction
a. What is the purpose of this resource guide?
b. How will the guide help businesses establish outdoor
dining or retail?
ii. Eligibility
a. Who is eligible to apply? Restaurants? Retailers?
Others?
iii. Types of outdoor dining or retail permitted
a. Private space?
b. Public space?
c. Curbside uses not allowed?
iv. How to apply
a. Where/how are applications submitted?
b. What steps need to be taken to complete an
application?
c. What documents are necessary?
v. Key dates/timeline
a. When does the application open and close? Any
intermediary deadlines?
b. When does outdoor dining/retail season begin and
end? Or is it year-round?
c. Estimated time for application review and approval?
Rapid Recovery Plan58
vi. List of additional permits needed
a. Separate permit needed for tents? Heaters?
Entertainment? Others?
vii. Materials guidance
a. What will the municipality provide?
b. What is the business responsible for?
c. Are there any resources for acquiring materials
including municipal bulk purchase programs?
viii. Accessibility requirements
a. What are the minimum state requirements?
b. Are there any additional accessibility requirements
specific to your municipality?
ix. Site plan/design guidelines for different types of
dining/retail spaces
a. What are sample layouts for the types of outdoor
dining or retail permitted in your municipality?
x. Alcohol guidelines
a. What are the ABCC requirements?
b. What does a business need to do to get an extension
of premises from your Local Licensing Authority?
xi. Contact/support available
a. Who should a business reach out to if they have
questions or are having difficulty with the
application process?
b. What types of issues can you help a business work
through?
Outdoor Dining/Retail Toolkit 59
2.2 Sample Design Guidelines
The types of outdoor dining and retail offered will vary from community to community,
depending on street layouts, space availability and requirements, other individual regulations.
Below are a number of potential design scenarios; municipalities may take relevant scenarios
to include in their resources to the businesses in their community.
Fire Lane
E
F
C AlleyAlleyAlleySide Street
Side StreetMain StreetSidewalkA
B
D
TRAFFIC SPEED NOTICE
It is advised that outdoor dining in
parking spaces and roadways be
implemented only on streets with
speeds under 25-30mph.
PATIO EXTENT
Proposed patio spaces should not
extend beyond the host frontage /
lateral property line without written
permission from neighboring
business except for multi-business
shared parklets and street plazas.
CONVERTIBLE SPACES:
A. Parallel Parklet
B. Angled Parklet
C. Large Sidewalk Patio
D. Small Sidewalk Patio
E. Full Closure Street Plaza
F. Street Plaza with Fire Lane
A
B
C
D
E
F
Site Selection and Set up Options
Rapid Recovery Plan60
Pedestrian Clear Path
Building Frontage
Curb
A
Pedestrian Clear Path
Building Frontage Building Frontage
Curb
AA
CORNER
Corner setback:
On-street dining areas should be
setback from intersection corners
and stop signs by 20ft or one
parking spot.
ACTIVE DRIVEWAY AND CURB CUT
Driveway setback:
On-street dining areas should be
setback from active driveways and
curb cuts by 2ft.
Source: CivicMoxie
Source: CivicMoxie
Source: CivicMoxie
Brookline, MA
Cambridge, MA
A
A
Site Selection and Set up Options
Outdoor Dining/Retail Toolkit 61
Pedestrian Clear Path
Building Frontage
Curb
AA
Pedestrian Clear Path
Building Frontage
Curb
AA
Safety and Access Setbacks
BUS STOP
Bus Stop setback:
On-street dining areas should be
setback from active bus stops and
other similar public transportation
access points by 15ft on both sides.
FIRE HYDRANT
Fire Hydrant setback:
On-street dining areas should be
setback from fire hydrants by 5ft to
15ft depending on local fire code.
Source: CivicMoxie
Source: CivicMoxie
Brookline, MA
Brookline, MA
A
A
Rapid Recovery Plan62
B
Pedestrian Clear Path
Building Frontage
Curb
A
Pedestrian Clear Path
Building Frontage
Curb
A A A
Safety and Access Setbacks
UTILITIES ACCESS POINTS
Utilities setback:
All outdoor dining areas should be
setback from utility access points
and connections by 2ft on both sides
to allow unobstructed access from
the street.
TREES AND STREET LIGHTING
Tree and Street Lighting setback:
All outdoor dining and retail areas
should be setback from trees and
street lighting by 1ft-2ft on all sides.
Tree buffer for heating elements:
A separate 5ft buffer applies to
outdoor heating elements such
as heaters and open flames (such
as candles), if such elements are
approved.
Source: CivicMoxie
Cambridge, MA
Source: CivicMoxie
Brookline, MA
A
B
A
Outdoor Dining/Retail Toolkit 63
Source: CivicMoxie
A. Parallel Parklet
Rapid Recovery Plan64
CB D
SidewalkParking Space
Pedestrian Clear PathBuilding Frontage A
H
E
G
ADA
Ramp
F
Barrier
Typical Parallel Parklet Layout
(Dining)
Parklets can occupy one or more parking spots.
Parklet width on the sidewalk edge should
not exceed the lateral property line of the host
business without permission.
Typical Parklet Size
A typical parallel parklet size is about
8ft x 22ft.
Roadside Buffer
Buffer (0ft - 2ft) between outdoor dining
areas and adjacent roadways and/or
bicycle lanes for safety.
Parklet Width
Parklet width is typically 6ft - 8 ft. The
parklet should not exceed the width of
the parking space.
Pedestrian Path Buffer
Buffer (0.5ft - 4ft) between Parklet and
Pedestrian Clear Path
ADA Access
Where the parklet is not level with the
sidewalk, an ADA Ramp (width 3ft - 5ft
and maximum slope of 1:12) is required.
Separation Barrier
Non-protective separation barriers 12in
- 18in wide.
Table Separation
Under COVID-19 guidelines, diners at
different tables should be spaced at
least 6ft apart. Under normal operation,
provide 1.5ft - 3ft of separation or follow
local guidelines.
A
B
C
D
E
F
G
Outdoor Dining/Retail Toolkit 65
CB D
SidewalkParking Space
Pedestrian Clear PathBuilding Frontage A
G
E ADA
Ramp
F
Barrier
Merchandise AreaTypical Parallel Parklet Layout
(Retail)
Parklets can occupy one or more parking spots.
Parklet width on the sidewalk edge should not
to exceed the lateral property line of the host
business without permission.
Typical Parklet Size
A typical parallel parklet size is
about 8ft x 22ft.
Roadside Buffer
Buffer (0ft - 2ft) between outdoor
dining areas and adjacent
roadways and/or bicycle lanes
for safety.
Parklet Width
Parklet width is typically 6ft - 8
ft. The parklet should not exceed
the width of the parking space.
Pedestrian Path Buffer
Buffer (0.5ft - 4ft) between
Parklet and Pedestrian Clear
Path.
ADA Access
Where the parklet is not level
with the sidewalk, an ADA Ramp
(width 3ft - 5ft and a maximum
slope of 1:12) is required.
Separation Barrier
Non-protective separation
barriers 12in - 18in wide.
A
B
C
D
E
F
Rapid Recovery Plan66
A
A
C
C
D D
B
B
Front Protective Barriers
A protective barrier at the traffic
facing corner if adjacent to an
active parking spot.
Back Protective Barriers
A protective barrier at the end
of the parklet if adjacent to an
active parking spot.
Reflective Surface
A safe-hit post at the corner or
reflective tape on the barrier on
traffic facing edge.
Wheel Stop
Wheel stops if adjacent to an
active parking spot.
Brookline, MA
Source: CivicMoxie
A
B
C
D
Protective Barriers and Equipment
Below are examples of different protective barriers
equipment that can be used for parklets. Requirements
for protective barriers will vary by municipality.
Outdoor Dining/Retail Toolkit 67
B. Angled Parklet
Source: www.propelstudio.com/project/wine30-parklet
Rapid Recovery Plan68
B C
SidewalkParking Space
Pedestrian Clear PathBuilding Frontage CurbA
F
D ADA
Ramp
G
G
BarrierBarrier
E
Typical Angled Parklet Size
A typical angled parklet size varies
depending on angle and depth.
However, using two or more spots
is recommended for material
efficiency.
Roadside Buffer
Buffer (0ft - 2ft) between outdoor
dining areas and adjacent roadways
and/or bicycle lanes for safety.
Pedestrian Path Buffer
Buffer (0.5ft - 4ft) between Parklet
and Pedestrian Clear Path.
ADA Access
Where the parklet is not level with
the sidewalk, an ADA Ramp (width
3ft - 5ft and maximum slope of 1:12)
is required.
Separation Barrier
Non-protective separation barriers
12in - 18in wide.
Table Separation
Under COVID-19 guidelines, diners
at different tables should be
spaced at least 6ft apart. Under
normal operation, provide 1.5ft -
3ft of separation or follow local
guidelines.
Typical Angled Parklet Layout
(Dining)
Angled parklets typically occupy two or more
parking spots. Parklet width on the sidewalk
edge should not exceed the lateral property line
of the host business without permission.
A
B
C
D
E
F
B C
SidewalkParking Space
Pedestrian Clear PathBuilding Frontage CurbA
F
D ADA
Ramp
G
G
BarrierBarrier
E
Outdoor Dining/Retail Toolkit 69
B C
SidewalkParking Space
Pedestrian Clear PathBuilding Frontage CurbA
D ADA
Ramp
F
F BarrierE Merchandise AreaMerchandise AreaMerchandise Area Typical Angled Parklet Size
A typical angled parklet size
varies depending on angle and
depth. However, using two or
more spots is recommended
for material efficiency.
Roadside Buffer
Buffer (0ft - 2ft) between
outdoor dining areas and
adjacent roadways and/or
bicycle lanes for safety.
Pedestrian Path Buffer
Buffer (0.5ft - 4ft) between
Parklet and Pedestrian Clear
Path.
ADA Access
Where the parklet is not level
with the sidewalk, an ADA
Ramp (width 3ft - 5ft and
maximum slope of 1:12) is
required.
Separation Barrier
Non-protective separation
barriers 12in - 18in wide.
Typical Angled Parklet Layout
(Retail)
Parklets can occupy two or more parking spots.
Parklet width on the sidewalk edge should
not exceed the lateral property line of the host
business without permission.
B
A
C
D
E
B C
SidewalkParking Space
Pedestrian Clear PathBuilding Frontage CurbA
F
D ADA
Ramp
G
G
BarrierBarrier
E
Rapid Recovery Plan70
A
B
Typical Angled Parklet
Barrier and Safety.
Front Protective Barriers
A protective barrier at the
traffic facing corner if adjacent
to an active parking spot.
Reflective Surface
A safe-hit post at the corner or
reflective tape on the barrier on
traffic facing edge.
A
B
Walla Walla, WA
Source: Facebook
Outdoor Dining/Retail Toolkit 71
C. Large Sidewalk Patio
Source: CivicMoxie
Rapid Recovery Plan72
A
C
BPedestrian Clear PathBuilding Frontage D
F
E
Pedestrian Clear Path
Sidewalk patio feasibility is
contingent on the preservation of a
Pedestrian Clear Path of 5ft - 10ft
depending on districts and visitor
volume.
Pedestrian Path Buffer
Buffer (2ft) between Patio and
Pedestrian Clear Path.
Service and Access
Provide a clear path 2ft - 3ft
depending on accessibility
requirements for service and access.
If sufficient dedicated accessible
tables are available near entrance,
path need not be accessible.
Table Separation
Under COVID-19 guidelines, diners
at different tables should be spaced
at least 6ft apart. Under normal
operation, provide 1.5ft - 3ft of
separation or follow local guidelines.
Verticle Separation and Boundary
A clearly indicated enclosure in the
form of a fence, or cordoned area
allows for the service of alcohol.
Entrance Clear Path
Entrance to the premises must not
be obstructed by enclosures, tables,
seating, or patrons.
Typical Large Sidewalk Patio Layout
(Contiguous)
Large sidewalk patio width should not exceed the
lateral property line of the host business without
permission.
B
A
C
D
E
F
A
C
BPedestrian Clear PathBuilding Frontage E
D Merchandise Area
Outdoor Dining/Retail Toolkit 73
A
C
BPedestrian Clear PathBuilding Frontage E
D Merchandise Area Pedestrian Clear Path
Sidewalk patio feasibility is
contingent on the preservation
of a Pedestrian Clear Path of 5ft
- 10ft depending on districts and
visitor volume.
Pedestrian Path Buffer
Buffer (2ft) between Patio and
Pedestrian Clear Path.
Service and Access
Provide a clear path 2ft - 3ft
depending on accessibility
requirements for service and
access.
Verticle Separation and Boundary
A clearly indicated enclosure in
the form of a fence, or cordoned
area.
Entrance Clear Path
Entrance to the premises must
not be obstructed by enclosures,
merchandise, or patrons.
Typical Large Sidewalk Patio Layout
(Retail)
Large sidewalk patio width should not to exceed the
lateral property line of the host business without
permission.
B
A
C
D
E
Rapid Recovery Plan74
AD
E
CB Pedestrian Clear PathBuilding Frontage F
H
G
Pedestrian Clear Path
Sidewalk patio feasibility is contingent
on the preservation of a Pedestrian
Clear Path of 5ft - 10ft depending on
districts and visitor volume.
Roadside Buffer
Provide an 18in buffer between curb
and sidewalk dining area.
Pedestrian Path Buffer
Buffer (2ft) between Patio and
Pedestrian Clear Path
Width
Non-contiguous large sidewalk patio
width contingent on providing a
service and access path per E. Service
and Access.
Service and Access
Provide a clear path 2ft - 3ft depending
on accessibility requirements for
service and access. If sufficient
dedicated accessible tables are
available near entrance, path need not
be accessible.
Table Separation
Under COVID-19 guidelines, diners
at different tables should be spaced
at least 6ft apart. Under normal
operation, provide1.5ft - 3ft of
separation or follow local guidelines.
Verticle Separation and Boundary
A clearly indicated enclosure in the
form of a fence, or cordoned area,
allows for the service of alcohol.
Entrance Clear Path
Entrance to the premises must not
be obstructed by enclosures, tables,
seating, or patrons.
Typical Large Sidewalk Patio Layout
(Non-Contiguous)
Large sidewalk patio width should not exceed the
lateral property line of the host business without
permission.
AD
E
CB Pedestrian Clear PathBuilding Frontage G
FMerchandise AreaA
B
C
D
E
F
G
H
Outdoor Dining/Retail Toolkit 75
AD
E
CB Pedestrian Clear PathBuilding Frontage G
FMerchandise AreaTypical Large Sidewalk Patio Layout
(Retail)
Large sidewalk patio width should not exceed the
lateral property line of the host business without
permission.
Pedestrian Clear Path
Sidewalk patio feasibility is
contingent on the preservation
of a Pedestrian Clear Path of 5ft
- 10ft depending on districts and
visitor volume.
Roadside Buffer
Provide an 18in buffer between
curb and sidewalk dining area.
Pedestrian Path Buffer
Buffer (2ft) between Patio and
Pedestrian Clear Path.
Width
Non-contiguous large sidewalk
patio width contingent on
providing a service and access
path per E. Service and Access.
Service and Access
Provide a clear path 2ft - 3ft
depending on accessibility
requirements for service and
access.
Verticle Separation and Boundary
A clearly indicated enclosure in
the form of a fence, or cordoned
area.
Entrance Clear Path
Entrance to the premises must
not be obstructed by enclosures,
tables, seating, or patrons.
A
B
C
D
E
F
G
Rapid Recovery Plan76
D. Small Sidewalk Patio
Source: CivicMoxie
A BPedestrian Clear PathBuilding Frontage C
D
Outdoor Dining/Retail Toolkit 77
Source: CivicMoxie
A BPedestrian Clear PathBuilding Frontage C
D
Typical Small Sidewalk Patio Layout
Small sidewalk patio width should not exceed the
lateral property line of the host business without
permission.
Pedestrian Clear Path
Sidewalk patio feasibility is
contingent on the preservation
of a Pedestrian Clear Path of 5ft
- 10ft depending on districts and
visitor volume.
Pedestrian Path Buffer
Buffer (2ft) between Patio
and Pedestrian Clear Path to
accommodate moving patrons,
chairs, and services.
Table Separation
Under COVID-19 guidelines, diners
at different tables should be
spaced at least 6ft apart. Under
normal operation, provide 1.5ft -
3ft of separation or follow local
guidelines.
Entrance Clear Path
Entrance to the premises must
not be obstructed by enclosures,
tables, seating, or patrons.
A
B
C
D
Rapid Recovery Plan78
E. Full Closure Street Plaza
Source: Karl Alexander
B
C Pedestrian Clear Path Patron Clear PathBuilding Frontage Pedestrian Clear PathBuilding Frontage A
D
E
F
Outdoor Dining/Retail Toolkit 79
Source: Karl Alexander
B
C Pedestrian Clear Path Patron Clear PathBuilding Frontage Pedestrian Clear PathBuilding Frontage A
D
E
F
Typical Full Closure Street Plaza
Street Plaza outdoor seating may be hosted by
individual businesses or shared amongst multiple
participating businesses.
Barriers
Protective barriers (filled with sand
or water, or as directed by local
guidelines) should be placed in front
of the outdoor dining plaza on both
ends. Suggested barrier width: 12in
- 18in
Pedestrian Clear Path
Provide a Pedestrian Clear Path
of 5ft - 10ft depending on visitor
volume.
ADA Access
Provide an ADA Ramp (width
3ft - 5ft) on both sides of the
plaza unless existing curb cuts
into designated dining area are
available.
Table Separation
Under COVID-19 guidelines, diners
at different tables should be
spaced at least 6ft apart. Under
normal operation, provide 1.5ft -
3ft of separation or follow local
guidelines.
Hosted Outdoor Dining Area
Certain areas may be privately
hosted by adjacent businesses and
reserved for their patrons. These
areas must be clearly indicated and
separated with verticle separators
such as fences and cordons.
Service and Access
A direct, straight service path
should be provided between the
host business and outdoor dining
area. An additional access should be
provided at road level for patrons
requiring wheel chair access.
A
B
C
D
E
F
Rapid Recovery Plan80
B
C Pedestrian Clear Path Patron Clear PathBuilding Frontage Pedestrian Clear PathBuilding Frontage A
D
E
F
MerchandiseMerchandise
Merchandise
Merchandise MerchandiseTypical Full Closure Street Plaza
Street Plaza outdoor seating may be hosted by individual
businesses or shared amongst multiple participating
businesses.
Barriers
Protective barriers (filled with
sand or water, or as directed by
local guidelines) should be placed
in front of outdoor retail plaza on
both ends.
Suggested barrier width: 12in -
18in
Pedestrian Clear Path
Provide a Pedestrian Clear Path
of 5ft - 10ft depending on visitor
volume.
ADA Access
Provide an ADA Ramp (width
3ft - 5ft) on both sides of the
plaza unless existing curb cuts
into designated retail area are
available.
Table Separation
Under COVID-19 guidelines, diners
at different tables should be
spaced at least 6ft apart. Under
normal operation, provide 1.5ft -
3ft of separation or follow local
guidelines.
Hosted Outdoor Retail Area
Certain areas may be privately
hosted by adjacent businesses
and reserved for their patrons.
These areas must be clearly
indicated and separated with
verticle separators such as fences
and cordons.
Service and Access
A direct, straight service path
be provided between the host
business and outdoor retail area.
An additional access should be
provided at road level for patrons
requiring wheel chair access.
A
B
C
D
E
F
Outdoor Dining/Retail Toolkit 81
SidewalkParking SpaceStreet
Building Frontage A
B C D
Typical Full Closure Street Plaza
Street Plaza outdoor seating may be hosted by individual
businesses or shared amongst multiple participating
businesses.
Barriers
Barriers and vegetation
should be limited to a total
height of 36”.
Overhead Clearance
Provide a min. 7ft - 8ft
clearance of overhead
coverings, including
umbrellas, trellises etc.
Roadside Clearance
Overhead coverings may not
extend beyond the barriers
into the road.
Sidewalk Clearance
Overhead coverings may
extend beyond the barriers
into the sidewalk, providing
the overhead clearance of 7ft
- 8ft is maintained.
A
B
C
D
Rapid Recovery Plan82
A
D
BB Pedestrian Clear PathFire LaneBuilding Frontage Pedestrian Clear PathBuilding Frontage Moveable Barrier
Moveable Barrier
C
E
Typical Partial Closure Street Plaza with
Fire Lane
Street Plaza outdoor seating may be hosted by individual
businesses or shared amongst multiple participating
businesses.
Fire Lane
Partial closure plazas
must maintain a 20ft clear
emergency fire lane.
Outdoor Dining Area Width
Remaining area (approx. 3ft
- 5ft on both sides on a two-
lane road) may host outdoor
dining set ups that may not
enter into the fire lane. Set up
may spill over onto sidewalk
given that a Pedestrian
Clear Path of 5ft - 10ft be
maintained.
Barriers
Protective barriers (filled with
sand or water, or as directed
by local guidelines) should be
placed in front of the outdoor
dining strip on both ends.
Moveable barriers to block
off Fire Lane, to be removed
as necessary.
Suggested barrier width: 12in
- 18in
ADA Access
Provide an ADA Ramp (width
3ft - 5ft) on both sides of the
plaza unless existing curb
cuts into designated dining
area are available.
Table Separation
Under COVID-19 guidelines,
diners at different tables
should be spaced at least
6ft apart. Under normal
operation, provide 1.5ft - 3ft
of separation or follow local
guidelines.
A
B
C
D
E
Outdoor Dining/Retail Toolkit 83
F. Street Plaza with a Fire Lane
Source: City of Waltham
Rapid Recovery Plan84
A
D
BB Pedestrian Clear PathFire LaneBuilding Frontage Pedestrian Clear PathBuilding Frontage Moveable Barrier
Moveable Barrier
C
Merchandise AreaMerchandise AreaTypical Partial Closure Street Plaza with
Fire Lane
Street Plaza outdoor seating may be hosted by individual
businesses or shared amongst multiple participating
businesses.
Fire Lane
Partial closure plazas
must maintain a 20ft clear
emergency fire lane.
Outdoor Merchandise Area
Width
Remaining area (approx.
3ft - 5ft on both sides on a
two-lane road) may host
outdoor retail set ups that
may not enter into the fire
lane. Set up may spill over
onto sidewalk given that a
Pedestrian Clear Path of
5ft - 10ft be maintained.
Barriers
Protective barriers (filled
with sand or water, or
as directed by local
guidelines) should be
placed in front of outdoor
retail strip on both ends.
Moveable barriers to
block off Fire Lane, to be
removed as necessary.
Suggested barrier width:
12in - 18in
ADA Access
Provide an ADA Ramp
(width 3ft - 5ft) on both
sides of the plaza unless
existing curb cuts into
designated retail area are
available.
A
B
C
D
Outdoor Dining/Retail Toolkit 85
2.3 State Outdoor Dining/Seating Fact Sheet for
Accessibility Requirements
On the following pages are the minimum accessibility requirements for outdoor dining as
designated by the Commonwealth of Massachusetts. They can also serve as guidance for
minimum space requirements for outdoor retail. This document can be shared with businesses
or used as a resource for designing accessibility documentation for your municipality.
While these are the minimum requirements, some municipalities may have additional local
accessibility requirements, which should also be made explicit in your materials to businesses.
Rapid Recovery Plan86
OUTDOOR DINING/SEATING
FACT SHEET FOR ACCESSIBILITY CONSIDERATIONS (COVID-19 EDITION)
The primary focus of this guidance is to provide eating establishments with an understanding of the requirements of the
rules and regulations of the Massachusetts Architectural Access Board (MAAB), Massachusetts’ state building code 521
CMR, that addresses architectural accessibility in the built environment. It will also reference anti-discrimination
obligations under the Americans with Disabilities Act (ADA) and its associated Architectural Design Standards (ADADS).
As Massachusetts begins to re-open and restaurants and cafes are establishing outdoor seating areas for customers,
entities must consider accessibility obligations that ensure a safe, equitable, and accessible experience for all visitors.
Accessible Route
An accessible route must be provided on site that coincides with the route the general public uses from arrival
destination points to the receiving area such as the host station. An accessible route must also connect to accessible
seating, restrooms/portable toilets, and to other unique amenities such as a bar, firepit, fans, or heat lamps. The
additional listed amenities may also have their own obligations.
Components of an Accessible Route
•Width of the Accessible Route:
The minimum width of an accessible route is 36 inches (MAAB 20.4). The use of separation devices such as,
bollards, cones, planters, chairs, or chains attached to stands intended to delineate the dining area must not be
placed in a way that reduces the width of the accessible route.
•Surface:
The surface of the accessible route must provide a running slope measuring between 0%-5% to remain a
walkway. If the slope reaches 5.1% the route will be classified as a ramp and be required to stay under 8.33%
(MAAB 20.9). The surface must also be stable, firm, slip resistant (MAAB 20.9), free from changes in level
exceeding ½ inch and unbeveled (MAAB 29.2), and free from protruding objects that extend into the accessible
route (MAAB 20.6).
Please Note
If you would like to increase the level of accessibility being provided along an accessible route, we suggest increasing the width to
48 inches, allowing for additional maneuvering space.
Additionally, although landscaping is commonly used to be aesthetically pleasing, grass is not considered an accessible route
under the regulations. Surfaces such as rocks, sand, and loose gravel are similarly not considered accessible. Businesses are
welcome to include these surfaces on their property; however, these must not be used on the accessible route.
Outdoor Dining/Retail Toolkit 87
Accessible Tables and Seating
As restaurant seating is added or created compliance with MAAB Section 17.0 is required. Routes to all dining areas
must be accessible, including outdoor seating areas (MAAB 17.5). A specific number of accessible seating must be
provided on an accessible route, must be distributed based on size and location, and must follow detailed dimensions
regarding clear floor space and table and counter heights.
Components of Accessible Tables and Seating
•Seating:
At least 5%, but not less than one of the tables provided shall be accessible and be on an accessible route (MAAB
Section 17.2). Seating at the accessible tables must be movable and not be fixed to the table like a picnic bench
or school cafeteria table (MAAB Section 35.1).
Example:
A restaurant provides 45 tables outside in a park and are all similar in their location and seating capacity. Two tables, out of the 45
would need to be accessible and located along an accessible route.
•Distribution:
Accessible tables must be distributed by the size and locations of the space being offered. Tables that are
provided for large or small groups, in different locations, or for different services would all be required to meet
the 5% obligation (MAAB Section 17.2).
•Accessible Aisle Between Accessible Tables:
A 36-inch clearance (access aisle) is required between accessible tables. No seating or any other obstruction
shall overlap the access aisle. (MAAB Section 17.2.2).
•Clear Floor Space at Accessible Tables:
At each accessible table, a clear floor space measuring 36-inches by 48-inches should be provided to allow for an
individual to easily set themselves at the table. This space should not overlap with the knee space depth under
the table by more than 19-inches (MAAB Section 17.2.3). See graphic below.
•Knee Clearances at Accessible Tables:
Knee space of at least 27-inches high, 30-inches wide, and 19-inches deep must be provided to allow for an
individual using a mobility device to maneuver and use the table (MAAB Section 17.2.4).
Remember, in this scenario someone may need to transition from the sidewalk to the street, so ensuring the accessible route is critical.
Example:
A restaurant has 62 tables. 10 of the tables offer light dining on the sidewalk while the remaining 52 tables are reserved for fine dining and
are located on a closed street. In this scenario, 3 accessible tables would need to be provided. One accessible table would be in the light dining
area and one accessible table would need to be provided in the fine dining area. The third accessible table could be provided in either area.
Rapid Recovery Plan88
•Height of Tables and Counters:
The tops of the accessible tables shall be from 28-inches to 34-inches above the floor or ground (MAAB Section
17.2.5).
Note on Accessible Routes and Utilizing Parklets or On-Street Parking for Dining:
If a restaurant decides to offer outdoor dining using a parklet or on-street parking space, it is important to note that all of the
aforementioned laws and regulations continue to apply even though technically the parklet may be in the vehicular lane. Parklets
tend to be the size of an on-street parking space and often do not provide sufficient clear width between seating areas and the
barrier that protects customers from vehicles. Since these types of areas are typically located on the street, consider how a
customer with a disability can access the street from the curb. If no curb cut is provided, it could be extremely difficult for one to
get to that location without a mechanism to either reduce or eliminate the change in level. Often businesses will use a temporary
or portable ramp; however, in order to use such device, the building owner must apply for and be granted a variance from the
MAAB. One cannot install a portable and/or temporary ramp without seeking permission from the MAAB. Since these types of
spaces can quickly become a complicated subject, we strongly suggest reaching out to our office directly if you have additional
questions or concerns regarding the use of parklets or on-street parking spaces.
Other Access Considerations
There are additional “dining” requirements under the MAAB that involve dining counters without service, counters
and bars with service, and food service lines. These additional requirements can be found under MAAB Section 17 –
Restaurants.
•If outdoor dining is occurring on a sidewalk, a 36-inch path of travel is required to allow for pedestrians to pass
by or access an entrance.
•If portable toilets are provided in multiple locations on the same site, an accessible portable toilet (5%, but not
less than 1) should be provided in each location. If portable toilets are all provided in one single location, the 5%,
but not less than 1 must be provided (MAAB 30.1.2).
•If parking is affected by the provision of outdoor dining, it is important to remember that accessible parking is
based on the number of parking spaces within a particular parking lot. If all parking is removed entirely then
there would be no requirement to provide accessible parking. If parking is reduced, modified, or re-located there
would be an obligation to provide the appropriate number of accessible parking spaces as required
(ADADS 208.2 and/or MAAB 23.2.1).
•Ensure the accessible route is free from Protruding Objects, such as lights, umbrellas, signs, or other fixtures
provided (MAAB 20.6)
If any of the above requirements cannot be met as prescribed by the MAAB rules and regulations, a variance would
be required from the MAAB. Further information related to that process can be found on the Massachusetts
Architectural Access Board’s website1.
1 https://www.mass.gov/orgs/architectural-access-board
Outdoor Dining/Retail Toolkit 89
Effective Communication
The Americans with Disabilities Act requires businesses that are open to the public, such as eating establishments, to
communicate effectively with people who have vision, hearing, or speech disabilities to ensure that they can
communicate with, receive information from, and convey information to the business.
A business is obligated to provide auxiliary aids and services when necessary to communicate with a person with a
disability unless doing so would create an undue burden, which is defined as significant difficulty or expense.
Examples of Auxiliary Aids and Services at a Restaurant:
•Providing a menu in Braille or large print
•Reading menu items to a customer
•Communicating with pen and paper
•Speaking slowly and clearly
We hope you find this fact sheet a useful tool as dining re-opens in Massachusetts. If there are any questions related
to this fact sheet, please contact MOD by reaching out to MOD’s Community Services Unit by email at either
Jeff.Dougan@mass.gov or Jakira.Rogers@mass.gov, or by phone at 617-979-7316.
Massachusetts Office on Disability
One Ashburton Place, Room 1305
Boston, MA 02108
Contact MOD
Phone: 617-727-7440
Toll Free: 800-322-2020
Fax: 617-727-0965
Send MOD a Question Online 2
Visit MOD on the Web 3
Twitter: @MassDisability 4
Blog: blog.mass.gov/mod 5
YouTube 6
2 https://www.mass.gov/forms/contact-the-massachusetts-office-on-disability
3 http://www.mass.gov/mod
4 https://twitter.com/massdisability
5 https://blog.mass.gov/mod
6 https://www.youtube.com/channel/UCoS5kUnBGto7NW-pK24MrDg/