Diana Li Photo
Paul (left) and Westfalia Rocha (right) ask permission to stay open three hours past the current 11 p.m. closing.
Allan Appel Photo
If you’re looking for ceviche mixto or a chicha morada around midnight in Fair Haven, you’re out of luck, thanks to a ruling by the Board of Zoning Appeals.
The board Tuesday night rejected the application of La Molienda, a Peruvian restaurant on Grand Avenue, to extend its closing time from 11 p.m. to 2 a.m.
Paul Rocha, the night manager for the restaurant and husband of the applicant, Westfalia Rocha, told the zoning board at its monthly meeting at 200 Orange St. that the restaurant wants to stay open past 11 p.m. to continue to serve smaller dishes and appetizers to patrons.
“It’s a safe environment and we haven’t had issues. It’s a family restaurant and we work very hard to keep our business the best as possible,” Rocha said.
The owners promised the restaurant would not have live music or DJs: only food service until 2 a.m.
Laurie Lopez of the Livable City Initiative testified at the hearing that while she was neither for nor against approving the extension of hours, she wanted to present “some facts” she thought the board should know.
The restaurant, which opened in 2009, originally was allowed to stay open until 1 a.m.. Police routinely got complaints, with cops being called to the area sometimes at 2:45 a.m, Lopez said. Recently, she was there and was able to hear the noise from the establishment before closing time.
“We were up the street and across, but the music was so loud at 9:30 p.m., 9:45 p.m. The door was open and the music was blaring,” Lopez said. “These are the sorts of things that continue to go on.”
After a cease and desist order, the restaurant was allowed to operate but had to close at 11 p.m., and has been following those hours ever since.
“I’ve been out there past 11 p.m. at midnight and 1 a.m., and they’ve been abiding by the rules, which is helpfu,l because it then cuts back complaints,” Lopez said. “Remember that although Grand Avenue is commercial on the façade, the rest of the surrounding area is residential.”
Board members Victor Fasano and Regina Winters.
The board voted unanimously to deny the application to extend hours, arguing that that would create noise and other problems for the local area. Commissioner Benjamin Trachten cited the fact that similar establishments are also limited in their hours by the city for many of the same reasons.
“I think the bigger issue is treating similar establishments in the same manner: Why should this one establishment have its operating hours extended beyond its competitors?” he asked.
This is ridiculous. Wasn't the whole premise of allowing (and encouraging) Yale Corporation to buy the majority of downtown properties that having more eyes on the street until later reduces crime and makes the community safer? I don't know if any of the people on the board have ever been on Grand Ave at night, but it's a desert. There's no one there. That's why it doesn't feel safe. Letting restaurants stay open until later reduces the "dead zone" feel.
If there's problems with noise complaints, then deal with those through fines, etc. The people who live in that area absolutely have a right to quiet -- so allow the restaurant to stay open with a clear understanding that noise violations will result in consequences.
The only justification is if we decide that the city can't enforce the law in Fair Haven, and so has to shut everything down in case someone "might" break the law. Personally, I don't like that line of thinking very much.