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03/04/2016 11:34 AMWith a vote of 4-1 last night, the Planning and Zoning Commission (PZC) has approved allowing beer and wine served at restaurants closer than 500 feet to schools and other sensitive areas in town.
The amendment was proposed by the commission in part to allow for better town oversight. Current state language which is in effect, but which isn't regulated by North Branford zoning law, allows patrons to bring their own alcoholic beverage (BYOB) to restaurants which don't retail liquor, regardless of location.
The new text amendment allows, by special use permit, full-service restaurants to retail beer and wine tableside (no bar service) for on-site consumption with no minimum distance required between any church, synagogue, college, school, park or playground. Prior to approving any restaurant for this service, the PZC will take into consideration specifics such as location, in order to determine the permitted reduced distance between a restaurant and a senstive area.
Restaurants seeking to receive approval to serve beer and wine in alignment with the new amendment will be required to apply for a special permit, complete with public hearing, before the PZC decides on whether to grant the request.
Town Planner Carey Duques said the final amendment text language includes the commission's decision to incorporate a separate line item to help define the narrow nature of what's now allowed.
"They did make one change from the last version, and what it does is it calls out as a specific line item that restaurants may only have a beer or wine permit," said Duques. "They wanted to clearly pull out that (these) restaurants can only have beer and wine permits," she said.
If that point had not been clarified, it could have left the possibility of the amendment's description of beer and wine served tableside to be construed to mean other liquor or alcohol could be consumed in the business, just not tableside. The language also notes that no bars are allowed in the restaurants (except for service bars).
"They're trying to close all of the loop holes," said Duques.
The text amendment was the subject of a lengthy public hearing which was finally closed on Feb. 18. Much of the discussion involved support and concerns about a new restaurant in town, Pacileo's Pizza & Apasta Restaurant. The Foxon Road business is located within less than 500 feet of Jerome Harrison Elementary School's playground and property. An attorney for Pacileo's, Bernard Pellegrino (New Haven) first approached the PZC to feel out town regulations in Oct. 2015. See more about his input, developments during the public hearing at http://www.zip06.com/news/20160219/-byob-vs-beer-wine-restaurant-sales-closer-to-nb-schools
Duques said the commission recognized and discussed concerns recently raised by the public before taking a roll call vote on the matter last night.
"Because it was a text amendment, they had to do a roll call vote (and) as part of their vote they do state why they are in favor or against," said Duques. "As part of that discussion, the members said they appreciated input that had been given, for and against, as part of that decision making process."
The one dissenting vote, from PZC alternate member David Hultgren, was based on his concern that the town should revisit its current regulations with an eye toward possibly limiting BYOB at restaurants within 500 feet of the areas in question, said Duques.
The newly amended regulation passed on March 3 becomes effective March 21, 2016. The town cannot accept special permit applications regarding the new regulation until that date, said Duques.