Approval comes with conditions, however, that may cause later issues
Fayetteville restaurant Pastificio last night was granted approval to stay open one hour later every night, Monday through Saturday — an extension that business owner Jennifer Polack said was “crucial” to the success of her business. The village planning board attached conditions to its authorization, however, seeking to make the restaurant’s landlord act on certain code issues which he has been ignoring for over a year.
The extension will allow the restaurant, located at 210 Brooklea Drive in Fayetteville, to stay open until 9 p.m. on weekdays and 10 p.m. on Friday and Saturday nights. The restaurant will also open one hour later on weekdays — 8 a.m. instead of 7 a.m. — as part of the agreement.
The conditions for the approval included garbage pickup no earlier than 10 a.m., deliveries on no street other than Brooklea Drive, adequate lighting in the rear parking lot, the addition of vegetation plantings to screen the parking lot, an appropriate venting of the roof fan to mitigate noise pollution and a review of the operation of the business in six months.
While Polack said she was thankful her hours were extended, she felt it unfair that her request was tied to the actions, or inactions, of her landlord, something over which she has no control.
“I’m excited we got the extra hours we wanted, and now we’ll be able to compete with our neighbors [restaurants],” she said. “I just think that the fan issue, and how it is handled, should not affect how I do business as long as I keep up my end.”
The public hearing over Pastificio’s hour change request lasted nearly 90 minutes in front of the village planning board last night, March 6, during which numerous Brooklea Drive residents and neighbors voiced both support and concern over allowing the restaurant longer hours. Throughout the comments, two issues kept repeating: The precedent the extended hours could set for future businesses at that specific site and in the immediate commercial district, and the noise and traffic impact that could have on neighbors; and the landowner’s, Neal Pascale’s, failure to address ongoing code violations on the property, specifically the noise pollution neighbors claim comes from the exhaust fan.
Pascale formerly ran a bakery out of the building but moved his business after neighbors complained that the exhaust fan was a nuisance and disruption to the area. Suggested plans to tilt the fan or build an elbow to the exhaust would cost thousands of dollars, and Pascale refused to do them.
“This was a home converted to a business … every time something new goes in the commercial element expands,” said Mechanic Street neighbor Darlene Richard. “Our quality of life has been impacted by that commercial district.”
Polack said during the hearing that she had already fixed the garbage pickup, deliveries and light pollution issues; that she would do the vegetation plantings herself; and that the fan was in fact replaced last year by Pascale and is not noisy. She also asked why she was allowed to open her restaurant in May last year — when she specifically asked if the fan was an issue and was told it was acceptable — if the fan is now being raised as a probable code violation.
“Anything of concern to my neighbors has been of concern to me,” Polack said during the hearing while explaining the actions she has taken to address her neighbors’ concerns. “The neighborhood had such a negative relationship with Neal [Pascale] they just won’t let it go. I should be allowed to be successful. … The issue is that people don’t like Neal and I’m being punished for it. I feel I’m intentionally being bullied by people with an axe to grind with Neal Pascale.”
After nearly 90 minutes of comments and discussion, planning board Chair Jane Rice suggested the board approve the extended hours but add the six conditions as a way to make Pascale comply with the code issues he is violating. If he does not address the issues, then the board could very well revoke Pastificio’s newly extended hours, Rice said after the meeting.
Polack said she was concerned by the conditions attached to her approval, stating that her success lies in her landlord’s actions, and “he is adamantly opposed to making any changes to the fan.” She said she supports Pascale, however, because he talked to the village, he replaced the fan and took other noise mitigating measures, and she, Pascale, was allowed to open her restaurant. “And now it’s still a problem,” she said.
For more information on Pastificio, visit their Facebook page at facebook.com/pastificiocny.
