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Pacileo's Clinches NB Permit for Beer, Wine Closer to Schools

It's been a long road, but last night Albert Pacileo finally clinched the town's first special permit to serve beer and wine within less than 500 feet of a school. Pacileo received the go-ahead to serve beer and wine tableside at his newly constructed North Branford restaurant next door to Jerome Harrison Elementary School (JHS).

With a unanimous vote of 5-0 on April 21, North Branford Planning & Zoning Commission (PZC) approved Pacileo's special permit application for his stand-alone business, Pacileo's  Appiza & Pasta, located at 285 Foxon Road.

In addition to serving beer and wine tableside inside the restaurant, there will be service tableside at an outdoor patio, which will be surrounded by fencing approved by the PZC.  No service will be allowed at the restaurant's take-out counter.

Pacileo has been working toward the approval since the fall of 2015, when construction was underway on his new business, located on pad formally occupied by Abate's Pizza.  Pacileo's opened for business in January 2016.

Pacileo's attorney, Bernard Pellegrino (New Haven), petitioned the PZC in October 2015 to begin the process of incorporating a text amendment to zoning, to allow liquor service at restaurants within 500 feet of a school, church, playground, synagogue or other sensitive area. The PZC in turn requested a text amendment to zoning to allow such restaurants to apply for a special permit for tableside service of beer and wine with meals.

The PZC's text amendment request generated some controversy during public hearings in early 2016, when several residents and business owners came out against the proposal. Most citied fears for student safety at nearby JHS. On behalf of the Board of Education (BOE), Superintendent of Schools Scott Schoonmaker  raised the concern that patrons would park on school property. That concern was then addressed to the satisfaction of the BOE, said Town Planner Carey Duques.

In early March, when the PZC voted to approve the text amendment, commissioners noted their vote to approve hinged largely on current state language, not regulated by North Branford zoning, which already allows patrons  to bring their own alcohol (BYOB) into any North Branford restaurant in town which doesn't retail liquor, and therefore such consumption could take place at Pacileo's with little ability for the business owner to control patron's liquor consumption.

That BYOB argument also held last night as one of the main reasons why PZC members said they were voting to allow Pacileo's special permit.

Commission member Ron Siena said that by allowing only beer and wine service with meals tableside, Pacileo's would be able to prevent a person from bringing in liquor of other types, such as a bottle of scotch, to consume on the premises.

"This will allow Mr. Pacileo to maintain control, which he wants," said Siena.

Commissioner Fran Lescovich said she felt an accident involving Route 80's notoriously fast-traveling traffic poses more danger to children on the JHS playing field immediately adjacent to Route 80, than vehicles just pulling away from Pacileo's next door. She also pointed out two fully operational bars are located within minutes of JHS on either side of Route 80. The businesses weren't named during the hearing; but the two closest fitting her description are Doody's Totoket Inn (465 Foxon Road) and Bar 80 (209 Foxon Road).

Before making his vote,  PZC chair Harry Dulak said although Pacileo's hours of operation will at some points coincide with school hours, other school building events and playing field use, he concurred the permit puts better controls on alcohol consumption versus BYOB.

Last night's PZC vote came after a brief public hearing on the special permit.  Following a summation by Pellegrino, just three residents came out to speak.  Resident Cliff Potter said that, while he wasn't attempting to disrupt Pacileo's ability to do business, he still had concerns about the safety of children.  Potter also said he felt the low turnout for last night's hearing was because those who'd expressed opposition in the past now felt this was a "done deal" and their input wouldn't have an impact.

Dulak emphasized that wasn't the case with regard to any matters considered by the commission.

Resident Larry Goodmaster　felt granting the permit wouldn't put children in the area at risk and said he felt there was a greater risk from passing tractor-trailers or trucks carrying propane on　Route　80　right in front of JHS property. He also commended Pacileo for having "dressed up the area" with a brand-new business and said the town shouldn't be "...taking something away from this man. Give him a chance."

Merrick Drive resident Kerry Murphy said he supported Pacileo's. Murphy said his house is the first on Merrick Drive after Pacileo's and he can see the school directly across from his home. He said he doesn't feel Pacileo's patrons will impact the school traffic flow at JHS.

"He's done a great job building a family restaurant. The controls are in place by giving him a beer and wine permit," said Murphy, noting, "...the prior owner/operator had BYOB for years (and that was) without incident."

In addition to the PZC approving Pacileo's special permit on April 21, at the April 19 Town Council meeting, the council approved a Merrick Road easement to help facilitate parking in the lot at Pacileo's.  In March, the town installed "No Parking" signs on either side of Merrick Road in the vicinity of Pacileo's parking lot.

Albert Pacileo told Zip06/The Sound he was very glad to see a successful result to a lengthy, and at times frustrating, process.

"They've come through," said Pacileo of the town's support in the past week. "I never expected it to get like this. I think the town needs it. All around, it's a safer thing. Like (Siena) said, you bring a bottle of scotch, because you're not paying for it, you're not going to have one or two glasses; you'll drink the whole bottle."

Next, Pacileo's will apply for a provisional (accelerated) state license to serve beer and wine, which takes about three to four weeks to receive.

Asked if last night's decision may pave the way for other restaurants to do business in what had been problematic zones in the past, Pacileo answered, "I hope so. Planning and Zoning has tried really hard for development here. I give them a ten for that. And then there's certain individuals that don't want it."

"This commission has been very good to him, from the first go-round with the (text amendment) regulation," said Pellegrino. "The business zones in town are closer to churches and schools, so they were cancelling each other out."

"Every town has had this type of ordinance written out (of zoning law) a long time ago," added Pacileo, who has 37 years' business experience and also owns and operates a Branford restaurant, Pacileo's Apizza & Pasta. "I just hope it didn't do too much damage for the town because it took so long. Other people see that, and they don't want to come here."