Council to consider appealing Black Horse Tavern zoning decision

NEWTOWN BOROUGH – The borough council on June 5 said it will consider appealing a decision by the town’s zoning board granting the Black Horse Tavern a variance to build an outdoor dining area off of Centre Avenue.

Tavern owners Michael Pilon and his sons, Adam and Lance, sought relief from the zoning code to install a deck area for 12 chairs and four tables in a 280-square-foot garden area located behind the State Street tavern.

During testimony last summer, Pilon said he is requesting outdoor dining to be competitive. Currently, other establishments have it such as: The Brick Hotel, Isaac Newton’s and The Clubhouse. According to the Black Horse Tavern’s owners, in warmer weather many customers move across the Newton Creek to the township, which they say has a more liberal outdoor eating ordinance.

Pilon said the tavern’s previous owner had outdoor dining, but that was before the borough enacted an ordinance regulating it in 2004. He noted that under the former management, there was an open garbage pit in the rear, which now has been turned into a “beautiful garden.”

In rendering its decision on June 4, the zoning board imposed three conditions:

emergencies only and that offsite parking leases be negotiated for six years.

The owners are required to have six additional parking spaces, one for every two patrons who dine outside. That’s in addition to the parking already needed for the indoor patrons.

Pilon plans to lease the required number of parking spaces at several off-site locations.

While Pilon’s request received the nod of the zoning board, it met opposition from neighboring homeowners from the nearby Court Street neighborhood who are concerned over noise and, more sSHFLfiFDOOy, ERLsWHrRus SDtrons. The borough also sent solicitor William Bolla to oppose the request.

Court Street resident Brian Titus expressed dismay with the decision during the June 5 borough council agenda meeting.

“We get a lot of noise of people coming out of the bar at 1 o’clock and 2 o’clock in the morning and we obviously don’t want any more noise coming out of there,” said Titus.

“And once it is permitted, my understanding is that anyone who comes in there can have that use also. Who knows what could happen if they leave and something worse comes in,” said Titus. “You should really think about that carefully,” he told council.

The zoning board has 45 days to issue a written deci- sion. When the decision is released, there will be a 30 day window to appeal.

At that point, said Borough Council President Bob Walker, the council will review the decision and then decide whether to appeal.

“The zoning hearing board has the authority and responsibility to act the way they act. They are an independent body and independent from council, which is why we sent our solicitor there to let them know council was opposed to it,” explained Walker.

“We’ve drawn a line in the sand from council’s perspective,” continued Walker. “The zRnLnJ ERDrd, WhrRuJh LWs Lnfinite wisdom, saw it different. But we will make a decision on whether or not we want to appeal.”