Swampscott eatery owner questions zoning bylaw

SWAMPSCOTT – At least one Humphrey Street businessman would like to see Humphrey Street have more of a welcoming small town feel.Harry Pass, who owns Kell’s Kreme on Humphrey Street, said he recently visited a town in New Jersey where eateries along a picturesque street have small tables with umbrellas on the sidewalk.”It was so cute and inviting,” he said. “When I got home I put two small tables in front of Kell’s Kreme. They were right up against the window and weren’t blocking the sidewalk at all. I thought it would look nice if other businesses did the same thing.”But Pass said Building Inspector Alan Hezekiah informed him the tables violated the zoning bylaw and needed to be removed, which he did immediately.Pass, who is a member of the Zoning Board of Appeals, said he understands Hezekiah is just doing his job by enforcing the bylaws, but also questioned whether the town is as business friendly as it professes to be.”This town is always talking about how business friendly it is,” he said. “But every time you try to do something you run into a roadblock. It would be nice if the town would go the step and allow tables out front of businesses.”Hezekiah said Pass was granted a special permit from the Zoning Board of Appeals (ZBA) when he opened the business and he did not ask for outdoor seating in the special permit.”If a special permit from the ZBA allows it, then the tables can be there,” he said. “But outdoor tables are not of the special permit that was granted by the ZBA. Technically you can’t put anything on sidewalk without permission of the selectmen or ZBA.”Pass said he had a free-standing ice cream cone in front of his business, which he was also told to remove because a town ordinance prohibits freestanding signs and sandwich boards.Several of the businesses along Humphrey Street including Kell’s Kreme have benches in front of their establishments, which Hezekiah said were there long before he was building inspector so he hasn’t made the benches an issue.Gregg Brackman, who owns G Bar & Kitchen on Humphrey Street, said he would love to place tables and chairs in front of his business as well.”I think it’s a great concept,” he said. “I think our customers would appreciate being able to eat outside in the summer. It’s something we should look into if the town will allow it.”Pass said he is interested in hearing from other business owners along Humphrey Street to see if they are interested in placing tables and chairs in front of their establishments as well.”If there is an interest in this we could go before the Board of Selectmen as a group,” he said.