Black Rock restaurant denied tent request

BRIDGEPORT — Members of the Zoning Board of Appeals weren't feeling charitable toward a Black Rock restaurant's St. Baldrick's fundraiser for children with cancer Tuesday night.

The Field restaurant's request to modify a variance for a tent to house the fundraiser in conjunction with its annual St. Patrick's Day celebration was denied by the board.

A handful of residents and patrons came to speak on the issue Tuesday, unlike an August ZBA meeting at which 100 interested people found the issue would be deferred to another date.

Many were prepared in August to object to the tent operation, which produced noise and parking problems during the St. Patrick's and St. Baldrick's events at a tent in the restaurant parking lot in March.

At Tuesday's hearing, Gail Robinson, of Harborview Avenue, submitted a petition signed by more than 100 of her neighbors objecting to the noise and parking problems that might be caused by the tent.

Joel Green, a lawyer representing Patrick Hogan, the lead partner in the Fairfield Avenue restaurant, said his client wanted to change a variance granted in 2002 to the previous restaurant at the property, Paddy Mac's, which allowed use of a beer tent on St. Patrick's Day, Memorial Day, Black Rock Day and Labor Day.

Green said Hogan was willing to drop the other three holidays from the variance to allow him to use the tent for a five-day period at the time of St. Patrick's Day to include his annual St. Baldrick's Day fundraiser for children with cancer. Hogan has also dropped his idea of using the tent for an Oktoberfest event at the end of September, Green added.

Hogan raised $431,000 for the cancer charity with use of the tent this year, compared with $256,000 in 2006, Green said.

With respect to complaints from the neighborhood about noise and parking problems associated with the tent, the lawyer said reducing possible use of the beer tent by amending the variance might be considered an improvement.

Hogan said he has permission to use a 60-car parking lot about a block-and-a-half away from his restaurant during the March events.

Weighing the objections of neighbors to the tent and the related parking difficulties and noise, the board on a 4-1 vote turned down the proposed change.

One member, John J. Carolan, made a motion to support Hogan's proposal, speaking of the value of his charity event. But, it was not seconded.

Board member Linda Grace said Hogan has other options for the St. Baldrick's event.

She said he can apply under a recently passed zoning regulation for a special event permit.

During the hearing on Hogan's proposal, Nancy Hadley, city economic development director, said the special permit would provide a discussion on the event with fire, police and health officials before permission for it was granted.

Also, the permit, she said, would allow oversight during the event to see that it was conducted properly and an evaluation after it concluded.

Gail Robinson, of Harborview Avenue, who objected to Hogan's use of the tent in March, said she and her neighbors also favor use of the special permit to govern use of the tent, rather than allowing it through the variance.

Conditions will change from year to year along the Fairfield Avenue Black Rock commercial strip and in the adjacent neighborhood, meaning that the permit request should be evaluated annually, she said.

She referred to the plan for the new railroad station to be built nearby on Commerce Drive in Fairfield, likely to add to parking and traffic difficulties in Black Rock.

Robinson also testified Hogan violated provisions of the variance during his March event by allowing festivities to take place on several days not just on St. Patrick's Day, letting activities continue past 11 p.m., having music in the tent rather than confining it to the restaurant, building and putting up a tent about twice as large as had been approved.

Article from Connecticut Post written by JOEL C. THOMPSON jthompson@ctpost.com 

Article Last Updated: 11/14/2007 12:59:56 AM EST for latest version please go to www.connpost.com

BACKGROUND

The ZBA hearing was held on Tuesday, November 13 at 6 PM at City Hall.  The Field's request for a permanent variance for a temporary structure (the "beer tent") was continued to November 13 from October 9 as the applicant failed to bring in mailing receipts proving that he had contacted abutting property owners.  This was the third continuance as there was not a full panel on the ZBA and the Applicant decided to withdraw from the September 18 hearing and the August 14 meeting had too many items on the agenda, so the ZBA rescheduled this item to the following month.  This was the fifth month in a row,.

The Zoning Department processes applications for temporary structures, such as tents, through a "Temporary Zoning Permit Special Events" (see attached application), which seems a much more logical way for The Field to be granted permission for use of a tent twice a year, which is what they are requesting.  Please see the attached application for the conditions of the temporary permit.  If you would like to sign the petition against granting a variance for the "beer tent", Gail presented a petition with over 100 signatures from neighbors to the ZBA, with the recommendation that The Field use the temporary zoning permit process for the tent rather than being granted a permanent variance for it.  This will still allow the St. Baldrick's charity event to be held to benefit children's cancer.  The Field would apply for a Special Event permit for the event (see attached application).  A variance, on the other hand, runs with the land, and should The Field change ownership and become more of a bar than a restaurant (like Paddy Mac's was), there is little that we as residents or Zoning can do to deal with the problems that arise. 

See previous post for more information http://www.blackrockonline.org/fields-variance-request

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