Arlington Heights Business Owners Withdraw Pub Opposition

ARLINGTON, MA — Two Arlington Heights business owners have withdrawn their opposition to a proposed pub and restaurant on Mass. Ave. Jim O'Rourke, who operates First House Pub in Winchester, has leased the former Balich 5 & 10 space at 1314 Massachusetts Ave.

The latest plan calls for 46 seats and a 15-seat bar, a takeout area, pizza oven and salad section. It is expected to have a full-service bar and serve comfort and pub food, as well as American fare.

D'Agostino's Deli owner Sam D'Agostino and Sports Etc. owner Paul Stanton previously opposed the proposal, citing parking concerns. Both businesses are located nearby on Massachusetts Avenue. After hearing feedback from the community at the Zoning Board of Appeals meeting this week, their attorney notified the ZBA they had withdrawn their opposition.

But the restaurant still has a ways to go before opening. O'Rourke still needs Select Board approval, a license from the state Alcoholic Beverages Control Commission and a variance on the town's parking bylaw.

On that final matter, O'Rourke and his attorney appeared before the Zoning Board of Appeals Tuesday. The restaurant has leased six parking spaces, while the zoning bylaw requires one space for every four seats in an establishment.

Daniel Amstutz, Arlington's senior transportation planner, conducted what he described as a "conservative" parking utilization study regarding the variance. The study took into account parking within 1,000 feet in each direction of the restaurant, or less than a five-minute walk, according to Amstutz.

Amstutz told the ZBA that during the evening hours, when the restaurant would see its most business, about 60 percent of the on-street parking spaces in the area are being used. He said there would be around "60 or 70 spaces" within a five-minute walk available during that time. Taking into account apartments and households in the area, there are alternative ways besides driving for customers to get to the restaurant, according to Amstutz.

Joseph Fahey, the attorney for D'Agostino and and Stanton, spoke at the ZBA meeting prior to his clients withdrawing their opposition. He pointed out that in order to ask for a variance, a petitioner has to show the unavailability of parking is a result of the shape, topography or soil content of the lot.

"If there's a problem with that the appropriate remedy may be to re-examine the amount of parking spaces required for an enterprise like that so this is not a problem, but currently it is," Fahey said. "There is nothing in the traffic impact study that would suggest what my clients are supposed to do if people are going to avail themselves, and currently constantly avail themselves, of their parking lot that they privately pay for and privately maintain."

A customer dining at a restaurant for two hours, as opposed to visiting a business for 5-10 minutes, would present a new challenge for his clients, according to Fahey.

Many residents spoke in favor of the proposal to bring a restaurant to the Heights, citing the town's plan to generate business in the area. The support prompted D'Agostino and Stanton to change their position.

"It is clear the Arlington Community is favorably disposed towards having the Pub open in the Heights," their attorney's letter to the ZBA states. "Sam and Paul have always been and will continue to be very respectful of the sentiments of the community which have been clearly expressed in this matter."

The ZBA decided to revisit the matter at its Feb. 25 meeting.