Board Of Aldermen - Agenda - 4/12/2022 - P47
Thank you,
Lina Gomez
SFK
133 Main St
On 04/06/2022 3:24 PM Jette, Ernest <jettee@nashuanh.gov> wrote:
Lina,
I tried returning your call but you were not available and your mailbox was full.
Let me try to explain why I made the motion to shorten the barriers in front of Wingate’s
Pharmacy. I don’t think it is fair to allow one business to place tables and chairs in front of
another business without permission. To my knowledge, that is the way it is for every other city
in N.H. that has an expanded outdoor dining program.
Attorney Bolton clarified that it is not the business but the property owner who controls the use
of the sidewalk and the street in front of the property subject to the city’s right of way for
pedestrian and vehicular travel. (] am summarizing what he said in general terms. He was much
more precise in his use of language to explain the law.)
I did understand him to say that the city cannot authorize a restaurant to place tables and chairs
on the sidewalk or on the street in front of property without the consent of the property owner. In
your case, the property in front of your restaurant and Wingate’s is owned by your landlord. So,
you will have to get your landlord’s permission to place tables and chairs in front of your
restaurant. I do not believe that the city can tell your landlord to allow you to place tables and
chairs in front of Wingate’s.
The city can place barriers in the street to narrow Main Street and provide space for dining in the
street, but the use of that space for dining still requires the permission of the property owner. In
your case, I did not think that the landlord was going to allow you to use the property in front of
Wingate’s without Wingate’s consent. And I didn’t think that Wingate’s was going to consent.
So, I thought that we would end up with barriers in front of Wingate’s with empty dining spaces
and no parking for Wingate’s. I saw it as a lose lose situation. That’s why I moved to shorten the
barriers to let you use the one space in front of your restaurant and provide some parking in front
of Wingate’s.
I tried to do the same thing in front of Casanova’s and Jajabelle’s for the same reasons, but that
motion failed.
I am sorry that your restaurant does not have more sidewalk space or parking spaces in front of it
or that you think it is unfair that the city cannot allow you to use someone else’s property. But I
hope you understand that I acted in a way that I believe is fair and according to the law.
Ernie Jette, Ward 5 Alderman
City of Nashua, NH
603-883-3459
