Brockport restaurateur and
planning board discuss application process

Restaurant owner David Marianetti again came before the Brockport Village Planning Board - at a special meeting on February 25, Marianetti asked the board to explain why he was applying for a change of use variance.

Planning board attorney Frank Aloi said the law specifically defines restaurant use as compared with tavern use. "The board needs to determine what the primary use of the site will be," he said.

The proposed restaurant, Chubby's Inc., will be located at 38 Merchants Street, Brockport.

A portion of the law states it’s not legal to operate a tavern within 300 feet of another establishment that sells alcohol, Aloi said. "You might come in real close to being in violation of that code."

Marianetti said he was picking up ‘undercurrents’ from board members. "There’s something going on here that I’m not comfortable with."

Board chairman Scott Winner said it’s the board’s goal to assist in and help create a first class establishment that will be a welcome addition to the village.

A portion of the board’s requirements included a request for the names of the chef and wait staff at the restaurant. "How can I possibly supply you with those names when I don’t have anyone hired and haven’t even gotten the project approved?"

Winner said the request would help the board ascertain the type of staff Marianetti would be seeking to hire, which in turn, would help determine the type of food and atmosphere the establishment would be inviting.

Marianetti questioned Code Enforcement Officer Scott Zarnstorff on how he arrived at a maximum occupancy of 90 people in the restaurant.

Zarnstorff indicated he would discuss the figures with Marianetti but told him that an establishment that housed more than 100 people would require the installation of a sprinkler system.

While Marianetti had no qualms with exterior renovations having to follow certain mandates because of the restaurant’s proximity to the canal and its location in the historic district, he wanted to know why he needed permission on interior paint and design.

"A tasteful interior lends itself toward a restaurant, a more garish interior would lend itself toward a bar atmosphere," Aloi said. "We are just trying to make the determination on whether this is going to be a bar or a restaurant."

Marianetti began the process of seeking approval to open his restaurant in early January, Zarnstorff said.