PEABODY — The Westside Family Restaurant wants to sell beer and wine, but its city-issued special permit prohibits the sale of alcohol. So the restaurant's owners petitioned the City Council to remove the restriction. Before considering the request, councilors last week debated whether the restaurant had the right to make it.
John Christopher, the city's lawyer, argued that the restaurant did have the right to be heard before the council. But Ward 2 City Councilor Arthur Athas disagreed during a council meeting last Thursday.
The restaurant is operating as a "non-conforming use" in a residential district, and Athas said that the city's zoning ordinance bans the sale of alcohol in such areas.
The council is not obligated to consider the request because it can't endorse a change that contradicts the city's ordinance, Athas said.
Athas, however, could not sway the council's Legal Affairs Subcommittee.
"The freedom of the petitioner would be grossly distressed if we denied him the right to go through the process," Ward 4 Councilor Robert Driscoll said.
"Everybody has the right to come in front of us," Councilor-at-large Michael Garabedian said.
Councilor-at-large Anne Manning pointed out the risk the city would be taking if it didn't grant a hearing. Petitioners, according to the city's ordinance, have the right to be heard by the council within 65 days. If that time window expires without a hearing, it could trigger "constructive approval." In other words, the restaurant would get the amendment it sought, Manning said. The scenario would likely lead to a legal battle, she said.
Westside's owner, Michael Panousos, will have his day before the council on May 28.
He said during a phone interview on Friday that selling beer and wine would help Westside weather the economic downturn and generate money to pay down the hefty cost of building the restaurant, which was completed in 2007.
He views it as a way of enhancing the neighborhood.
"I would never do anything to harm the neighborhood," Panousos said.
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