Stating that outdoor dining has been a plus for both restaurant owners and patrons, the Dewey Beach Planning and Zoning Commission voted Sept. 10 to recommend approval of conditional-use applications for Mama Maria, Jimmy’s Grille and Starboard Raw.

During planning and zoning hearings, Town Counsel Fred Townsend cited from town code a list of previously approved conditions which are law, including designated bar and dining seating requirements, fire marshal occupancy limits, that external speakers or amplifiers are not allowed and that outdoor areas must be cleared of patrons by 11 p.m.

Other reasonable conditions can be applied, Townsend said.

Mama Maria owner Franco LaRagione said his application was pretty cut and dried, as he wished only to maintain outdoor seating that was in place through the pandemic. 

Assistant Town Manager Jim Dedes said Mama Maria requested a waiver on supplying a site plan. 

“It's very expensive and we’re not building anything,” LaRagione said. “We’re using the same layout we gave to you guys back in COVID. There is no building, no construction, nothing going on.”

Townsend said the ability to expand premises was due to the state of emergency, which is no longer in effect. A permit would need to be pulled for a permanent fence, Townsend said; the emergency order required that outside dining areas be temporarily barricaded from other areas. Authorizing a permanent fence would be a matter for the town, he said. 

Planners voted to recommend a draft ordinance for Mama Maria that included all conditions set forth by law, with additional conditions stating smoking and live entertainment are not allowed, that bathroom facilities must be sufficient to the increased number of seats, and that the outdoor area is cleaned up in the morning and evening.

Attorney Stephen Spence, representing property owner Highway One and restaurant operator Jimmy’s Grille, asked planners to consider using the version of the ordinance he wrote, which he said is more extensive and would enable him to submit it to the Alcohol Beverage Control Commissioner for an expansion without requiring a second costly hearing process for a permanent outdoor serving license.

Townsend asked Spence if they could use the ordinance he created to benefit other businesses in the process; the ordinance was approved with the same additional conditions as Mama Maria’s.

Attorney Glenn Mandalas, representing Starboard Raw, called the decision to approve the very modest request to allow Starboard Raw to have four four-seat tables outside the “biggest no-brainer.”

Outdoor dining has enhanced the health and welfare of the community, Mandalas said, and planners agreed.

Town commissioners will next hold public hearings on the applications at the Friday, Sept. 16 monthly meeting. An application for Lighthouse Cove Restaurant and Event Center was withdrawn by the applicant, Dedes said. Representatives from Lighthouse Cove could not be reached for comment.

In May 2020, commissioners voted to temporarily allow restaurants operating under reduced occupancy levels due to the COVID-19 pandemic to expand outdoor seating areas. With the expansion set to expire in March, commissioners voted to impose a moratorium on the expiration until Oct. 31. 

Town leaders have stated that the moratorium can be extended to accommodate the required public hearing and approval process. Because of the number of applicants and the time-intensive nature of the hearings, the requests were broken into two meetings, with applicants being heard in the order in which they applied.

Remaining applications include Woody’s Dewey Beach, Dewey Beach Country Club, Dewey Beer Company and The Dewey Post; the planning and zoning commission has set a Friday, Oct. 7 hearing date on the applications. Planner Jimmy O'Conor said he recused himself from discussing or voting on the applications because he operates a restaurant.