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01/31/2016 06:00 AM

NB Mulls Restaurant Beer, Wine Served Closer to Schools


Should beer and wine consumption at full-service restaurants (not bars) be allowed within less than 500 feet of a school, playground, church or synagogue?

That’s some of the language the Planning & Zoning Commission (PZC) has been wrestling with recently during multi-part public hearings on a text amendment application to change a portion of the town’s liquor laws. The hearing continues Thursday, Feb. 4, 7 p.m. at Town Hall.

Current zoning requires a minimum distance of 500 feet or more for businesses with “liquor, wine, beer, and or ale sold at retail for consumption on or off premises.” If a divided highway separates the business from a school, playground, church, or synagogue, zoning laws call for a distance requirement of at least 400 feet.

The application to reduce the minimum 500-foot distance from neighboring schools, playgrounds, etc., is being brought by the Town of North Branford and, if adopted, would require a business to apply for a special permit. Town Planner Carey Duques confirmed one new business affected by the amendment would be the newly constructed Pacileo’s Apizza & Pasta restaurant, now open on Foxon Road at the intersection of Merrick Road. Property belonging to Jerome Harrison Elementary School, including a fenced-in playing field and playground area, is across the street at the Merrick Road intersection.

Changes to liquor laws in North Branford have been a hot topic since last year, when two private parties put in applications seeking town-wide zoning amendments to help create a more business-friendly environment for business with alcohol sales. Ultimately, the PZC worked some changes into one of the two applications, and voted the changes into zoning law in March 2015. The 2015 updates include the divided highway distance ruling and also allow restaurants serving liquor to go into business next door to one another in commercial centers. The PZC felt the changes were designed be friendly to businesses, while still taking into consideration the needs of residents and the character of the town.

During the current application’s text review process, the commission has working on revising the proposed amendment language to narrow its scope and fine tune what’s allowed. One change has been to add more specific language, such as allowing only full-service restaurants selling beer or wine table-side to patrons on site.

Duques told The Sound that the public hearing on the current text amendment has, to date, brought out just a few interested parties; but all input is being given serious consideration by the PZC.

“They have concerns about the creation of a bar; so they wanted to ensure that if beer and wine were able to be served within 500 feet [that] it had to be at the table, with food service. So they’ve set special standards stating that it has to be a full-service restaurant with food, and they’re looking to require that beer or wine only be served,” Duques said of the last PZC discussion on Jan. 21 .

In addition to crafting language to eliminate bars as part of the amendment, the PZC is also looking at certain building signage.

“There have been concerns expressed if signs are facing a school, playground, church, or synagogue, so they’re looking at signage that would be limited to just the name of the restaurant,” said Duques.

Duques also noted that, should a finalized text amendment become adopted, any eligible establishment would need to apply to the town.

“If a restaurant falls within that 500 feet, you’d have to meet specific standards in order to possibly be able to serve beer and wine, and one of those requirements is to go through the process of a public hearing for a special use permit,” she said.

While the text amendment’s proposed language seems to be getting close to the zoning finish line, the continued public hearing on Feb. 4 means the PZC will take in even more public input, if given.

“That’s why we’ve kept the public hearing open,” said Duques. “We encourage input from everyone.”