With an eye toward better protection and closing some loopholes, the Planning and Zoning Commission (PZC) is proposing a text amendment to allow, by special use permit, full-service restaurants to retail beer and wine tableside (no bar service) for on-site consumption within less than 500 feet of any church, synagogue, college, school, park or playground.

Should the change be adopted, it would also eliminate the minimum distance requirement to zero. However, due process, including a public hearing specific to location and surrounds, would then allow the PZC to quantify the final reduced distance between a restaurant and a senstive area on a case-by-case basis.

Part of the reason the PZC is considering the change is that, thanks to state language which isn't regulated by North Branford zoning law, local restaurants which don't retail liquor to customers can currently allow patrons to bring their own alcoholic beverage (BYOB) to the table. Currently, town zoning requires a minimum of 500 feet between any church, synagogue, college, school, park or playground (or, if a state highway divides them, 400 feet) for a resturant to offer retail on-site consumption. That means the state's BYOB option is allowable, and unable to be regulated by town zoning, at restaurants less than 500 feet from a school or other sensitive area.

At the Feb. 18 PZC meeting, PZC chairman Harry Dulak continued to stress the text amendment/special use permit regulation under review would affect; “a number of properties,” including those which could be developed in the future, and is not specific to any single business.

“This regulation is for a number of properties. It’s a special use permit. If somebody wants to come in for a public hearing, if this was approved; then it would be specific,” Dulak said.

Mulitple recent PZC meetings included a continuing public hearing on the text amendment. That hearing was wrapped up on Feb. 18, when as before, most who came out to speak were there to discuss one business, despite the regulation affecting multiple properties. That one business is Pacileo’s Apizza and Pasta, which opened a North Branford location two months ago in a newly-constructed, free-standing restaurant at 285 Foxon Road, less than 500 feet from Jerome Harrison Elementary School (JHS).

Before voting to bring the public hearing to a close on Feb. 18, the PZC heard from several residents speaking in favor and opposition. Among them, Ashley Fernandez of Ann Street said she lives less than a mile away from Pacileo’s , is a parent of a JHS student, and is in favor of adopting the regulations. She said with current BYOB allowances, “there are no regulations” which could lead to someone who may “...consume too much and try to leave, putting the responsibility in the wrong hands.”

“The responsible decision is giving control (to) the establishment to regulate and monitor its patrons’ actions,” said Fernandez, adding, “Pacileo’s is a local business that supports other local businesses. He is exactly what this town needs. This town needs more establishments like his.”

She also noted another free-standing restaurant in the vicinity, Doody’s Totoket Inn (465 Foxon Road), includes a table service restaurant and a bar area.

“One thousand fifty-six feet away from Jerome Harrison is a full-service bar,” said Fernandez. “If somebody leaves Doody’s and takes a left, are they not passing the same school that is in question, with the same vulnerable, impressionable children? And if someone leaves Doody’s and takes a right, are they not passing a middle school and a day care?”

Fernandez and another speaker, resident Cindy Carefeno of Miller Road, noted children are in the presence of alcohol service at Doody’s. Jo Ann Doody answered those statements, saying to the PZC, “...if Pacileo’s is allowed to sell beer or wine, children are going to be sitting in same room. Doody’s has a bar; Doody’s has a front room. It’s the parents’ choice if they choose to sit in the bar area with their children (and) totally unrelated to what’s going on.”

Doody also noted her opposition to the text amendment was not a “personal attack.”

“This is about a school and alcohol,” said Doody.

Pacileo’s owner, Albert Pacileo, said he’s been in business 37 years and other towns allow a business in his situation to have a beer and wine permit.

“Pretty much every other town doesn’t have this ordinance anymore; it’s gone. There isn’t regulation in other towns, it’s over,” said Pacileo. “North Haven and North Branford are the only two left with it; because all the other towns have beer and wine permits.”

Pacileo’s attorney, Bernard Pellegrino (New Haven) has met with the PZC before on this matter. He said part of the reason he broached the text amendment with the PZC in October (2015) was to address standing zoning regulations permitting restaurants in areas that “...seem to be very concentric to locations where you have churches and schools.”

“With the regulations you currently have, from a zoning standpoint you’re (de facto) eliminating the possibility of a new restaurant who, in today’s day and age, in order to be economically viable, at least has to have the option of purchase of beer and wine to come to your town,” said Pellegrino.

Pellegrino also said the change provides greater “protection” over current BYOB allowances.

“By allowing a restaurant to have the beer and wine permit then means that you cannot permit the BYOB in that facility,” said Pellegrino. “So the restaurant that would come before you seeking the permit -- after a public hearing with all of the safeguards you’ve proposed -- if granted, would be a far greater protection than you currently have. Those were the most important reasons why we initially came to you to suggest adopting some regulation that would permit your town, in your zoning regulations, to benefit from what many of the other towns surrounding you have benefited from for many years. It is an important action for the board.”

Dom Delvechio of Forest Road told the PZC he was concerned about having no minimum distance requirement for special use permit holders. He also noted that, once a property is granted the special use permit, the use would be retained, even if the business which originally applied for it leaves. Delvechio also asked the PZC to consider updating liquor consumption ordinances and added he didn’t agree with the position that the new amendment was better than BYOB.

“I’m not sure I’m in agreement in justifying the regulation based on the fact that they can bring their own booze,” said DelVecchio. “It’s unlikely someone’s going to bring a 30-pack of beer; they’ll come in with one bottle of wine they share between a couple of people.”

But Dulak responded, “You can’t make that assumption. There’ve been other businesses that had BYOB and people did bring in coolers.”

Resident Linda Defrancesco of Augur Road said, after hearing both sides of the discussion, she still felt the amendment is a “bad idea” at least when school is in session, which is inviting “a disaster.”

“We had these regulations years ago because everything was in one area, and we need that protection for our children (and) I still feel that’s the way we need it,” said Defrancesco. “Maybe the town should start looking at putting in different zones where restaurants can build (so) this doesn’t occur in the future. It won’t help this situation; but that seems to be the glitch and why you’re looking for a way around it.”

Closing the public hearing on Feb. 18 has also started the clock on the PZC’s 65-day deliberation period. The PZC is seeking input from the town’s Zoning Enforcement Officer on the enforceability of the text amendment. The next PZC meeting is scheduled for March 3, 7 p.m. at Town Hall.