Paradise Grill hearing ends in no decision

A request by Paradise Grill in Pot-Nets Bayside to expand its outdoor patio was tabled by the state Alcoholic Beverage Control Commissioner after protestors pointed out the restaurant failed to provide proper notification to property owners.

At a May 11 ABCC hearing in Georgetown, Commissioner John Cordrey agreed with opponents of the application that Paradise Grill did not properly notify all property owners living within 1,000 feet of the restaurant of the Grill’s intentions. Paradise Grill attorney Jay Becker disagreed with Cordrey and asked to file a legal brief arguing his case. Becker said he would have his brief in front of Cordrey by Wednesday, May 20.

Paradise Grill is seeking approval to add 19,000 square feet to its licensed patio, which would include a 417-square-foot bar with 24 additional seats and a 417-square-foot raw bar that would have 24 more seats. The expansion also includes a 576-square-foot stage for live music and a new kitchen. The expansion would bring Paradise Grill’s total number of seats to 894.

While construction is underway at the restaurant, Cordrey made clear that the Grill cannot serve alcohol on the expanded patio until the license is approved.

Paradise Grill owner Al Tortella said the addition would help alleviate long wait times; he said during the summer it is not uncommon for customers to wait an hour for a table.

Protestors from both Pot-Nets Bayside and the Pennisula development across Indian River Bay said the issue is noise. Paradise Grill was previously cited in August and fined $1,000 by the ABCC for excessive noise. At the time, Tortella attributed the problem to the location of the DJ – whose relationship with the restaurant has been terminated. He said the restaurant hired an acoustic engineer and had no further violations related to live musical performances.

Still, protestors said the problems with noise from Paradise Grill have continued.

Michael Eisenhauer, president of the Bayside Homeowners Association, said while the community does not want to shut down Paradise Grill, the association does not want noise from the restaurant creating an adverse impact. Eisenhauer said Tortella assured homeowners after the previous violation that the noise would be dealt with.

“We have people who are sensitive to the noise in the community that live close to the area and are affected by this,” he said.

Tom Krehnbrink said noise has been a constant problem and that Paradise Grill has not lived up to its promises to keep the noise down. Stephen Wilz said he was concerned with both noise and the safety of Pot-Nets residents. He said Paradise Grill should not only be denied expansion but also have its liquor license revoked. Gerard Flinton said previous complaints about the noise at Paradise Grill have had no effect.

Sharon Miken, who lives adjacent to the Paradise Grill’s entrance, said, “We don’t get to leave. The music vibrates throughout the home. We can’t be outside. We can’t be on the porch. We’re not against the Grill. But I would like the opportunity to have my home in peace.”

To help assuage the fears of neighbors, Paradise Grill brought two sound experts, Andrew Carballeira of Massachusetts-based company Cavanaugh Tocci Associates and sound engineer Chris Maliszewski, to testify.

Carballeira acknowledged that there had been problems with noise from Paradise Grill in the past, but the restaurant is aiming to be at or below 65 decibels at the new patio. He said the positioning and design of the stage will help mute some of the sound. He also said Paradise Grill would install monitoring systems that would alert staff when noise from the restaurant got too loud.

“We intend to comply with the law,” Carballeira said.

Maliszewski said the system would send noise complaints directly to the sound tech running the sound at the stage. He said the sound levels could be lowered from an iPad if any complaints were received.

That wasn’t good enough for the neighbors; Eisenhauer said the restaurant’s measures are reactive instead of proactive in terms of lowering noise.

Donald DeMasters, general manager of the Penisula Golf and Country Club, across Indian River Bay from Paradise Grill, said public notice that went out did not show the location of the stage and that noise from the Grill affects residents in the Pennisula development. He said the stage points directly at Pennisula; Tortella denied that it faced Pennisula and said the Grill is not trying to project sound.

The hearing format allowed the protestors to ask questions of those Paradise Grill called to testify. Many employees and supporters of Paradise Grill attended the hearing, and as the hearing lurched past the two-hour mark, they grew impatient with the repeated questions by the protestors.

That intensified when Tortella was called to testify. Tortella, who said he employed 171 people last year including 103 Pot-Nets residents, said the expansion will not only decrease wait times, but a new kitchen will improve the quality of the food.

DeMasters said Penisula and its residents were not notified of the positioning of the stage. Wilz implied the patio expansion was already complete, which Tortella denied. Wilz then said Paradise Grill did not give notice to all property owners within 1,000 feet. Eisenhauer said he owns his house and never received notice.

After a short break, Cordrey said while Paradise Grill did send notice to seven property owners, it did not provide notice to everyone who should have been noticed. After Becker asked to brief his case, the meeting adjourned. Protestors appeared happy the case went their way, while Tortella sat quietly with his head in his hands.