Riddled With Violations, Fate of Former Downtown Pub Still Unclear

Peeking inside the newly constructed building at 61 Jackson St.—the triangle lot that is flanked by Paterson Plank Road, Jackson Street and Observer Highway—one can see a bar, chairs and stairs that don’t lead anywhere. 

But, when and if someone will sit at that bar, remains unclear.  

On Tuesday night, the Zoning Board of Adjustment is scheduled to discuss whether or not to grant the owner of the property the necessary variances to open the restaurant at 61 Jackson St., after he allegedly constructed the building without permission and apparently broke numerous zoning laws.

Even if the variances are granted—which, based on city documents and the make-up of the Zoning Board, seems unlikely—owner Danny Tattoli will also need an easement from the city, because the building extends four feet onto a city-owned sidewalk. Such an easement would have to be approved by the city council.

Zoning Officer Ann Holtzman has notified Tattoli of the encroachment and ordered him to take action by removing the wall from city property, according to city documents. Based on the project’s folder in the zoning office, Tattoli was notified on Jan. 20 and ordered to take action within 30 days.

“That portion of the structure must be removed from the right-of-way immediately,” Holtzman wrote in the Jan. 20 letter. This warning, Holtzman wrote also, was “separate from the code violations in front of the board.” On March 9, Holtzman followed up with another letter, imposing daily fines on Tattoli for lack of action.

Tattoli bought the property—which used to be the Downtown Pub—and the accompanying liquor license in 2007. The original application to the zoning board included the expansion of the restaurant, that would add a second floor to the building. 

The city’s former zoning officer, Virginia Buonfiglio, granted Tattoli a Final Certificate of Zoning Compliance in 2008, allowing him to start construction without obtaining the necessary variances. On Aug. 18, 2009, Holtzman revoked that permit, according to city documents. While the city issued a “stop work order” immediately, construction on the property continued.

Since August 2009, no new zoning certificates have been issued.

When Tattoli requested a new zoning certificate in early August 2011—once the building was already built—Holtzman denied the request after visiting the site, because the structure didn’t “come close” to the plans that were submitted to the Zoning Board, according to city documents.

“The new building was built around the old building,” Holtzman wrote in a memo on Oct. 25, 2011. “Once it was enclosed, the old building was taken down.”

Among the discrepancies are a smaller kitchen in a different location, relocated stairs—which now lead to a non-existent second floor—and fewer restrooms than initially promised, according to the file in the zoning office. The proposal from 2009 included an elevator to the second floor, which wasn’t put in. 

Instead, an elevated DJ booth—which was not proposed—can be seen through the window of the building. While the bar was proposed to be 11 feet long, it is now double that in size, according to city documents.

Before the plan can be approved, a parking solution will also have to be found. While the zoning code calls for 17 parking spots on site—to accommodate potential customers—Tattoli is offering two spots. In a revised plan, he proposed a valet service that would bring cars to the surface parking lot located across the street.

Tuesday night will mark the third hearing on the application and the zoning board is expected to vote on the matter. If the variances are denied, one possible outcome could be a complete demolition of the building.