MANCHESTER - An appeal of a decision to allow for a "Subway" restaurant has been denied, clearing the way for one to be constructed and opened at a shopping plaza near the intersection of Depot street and Center Hill.
In its decision, released Thursday, Dec. 19, the town's Development Review board found that the proposed Subway, which would occupy a 1,500 square foot space where the Garnet Hill retail shop used to be, fit within the town's ordinances and definitions of a "restaurant," as opposed to a "fast food restaurant."
The board's decision stated that a fast food restaurant would need to have a drive--in window and serve its food and beverages in disposable containers. Subway plans to serve its food in baskets and use formal utensils. It will not have a drive up window.
Argiros Konstantinou of Saronis LLC filed the appeal. He recently acquired the former Friendly's restaurant adjacent to the shopping plaza where the new Subway will be opened.
Konstantinou had maintained that Subway would constitute a fast food restaurant. The appeal also maintained that the original decision granting a change-of-use permit for the Subway, on Sept. 30, by former Zoning Administrator Lee Krohn, was invalid, since it was made "administratively" and that he did not have the authority to do so.
The DRB took no stance on this question, arguing it was beyond the scope of their authority.
But the DRB did determine the permit will be in accordance with the policies and purposes of the zoning bylaws, and stated in the opinion that the appellant - Saronis LLC - had not made its case that the permit outside the boundaries set for in the town's ordinances.
"There has been no showing that the issuance of the Permit has contradicted this purpose n any way," the opinion states - referring to the encouragement of appropriate development for the growth and welfare of the town.