Resident Complaint Spurs Review of Outdoor Dining Rules

MARSHFIELD — A Brant Rock resident’s call for action has prompted the Marshfield Select Board to re-examine its policy on outdoor restaurant seating, citing concerns about neighborhood disruption and zoning compliance.

The May 19 meeting saw extensive discussion surrounding a public comment made by resident Neil Duffy, who criticized the board’s 2023 decision that allowed the Jetty restaurant to operate an expanded outdoor dining area. According to Duffy, the expanded area eliminated the restaurant’s parking and brought live music and amplified noise uncomfortably close to homes. He also raised issues regarding pedestrian safety and accessibility.

Duffy urged the Select Board to revoke the restaurant’s outdoor seating permission and claimed abutters were not notified when the expansion was originally approved. He also pointed to a Zoning Board of Appeals (ZBA) hearing scheduled for May 27, during which the Jetty plans to seek permanent barriers in the former parking area.

Town Counsel Robert Galvin confirmed the board adopted a set of guidelines last year following state law changes that made it easier to permit outdoor seating. However, Galvin emphasized that those guidelines are not binding and can be revisited.

Board Clerk Eric Kelley acknowledged that although there had been no formal violations reported, the board should consider potential long-term impacts and ways to enforce noise limits. “There’s no way to monitor it,” Kelley said, referencing the lack of decibel monitoring tools in the area. Board Chair Patricia Simpson also noted local complaints about accessible parking. 

In response, the Select Board agreed to revisit the existing policy and directed staff to add the topic to a future agenda. Galvin also volunteered to inform the ZBA of the board’s pending discussion in hopes it may delay the restaurant’s application for permanent barriers.

Duffy contended that residents were not notified during the original approval process, nor during previous changes involving the restaurant’s patio.

Galvin explained that under the new state law, traditional zoning requirements do not apply to outdoor seating. Still, the board’s policy included notification provisions.

Select Board members indicated they will add the topic to a future agenda, and ZBA member Grover Hensley, who attended the meeting, pledged to recommend postponing any final decision by the ZBA until the Select Board has had a chance to deliberate.

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