Hanover
The Burlington-based crepe-maker in June canceled a benefit concert for Vital Communities after the town zoning administrator, Judith Brotman, informed the owners they could not require money at the door. Co-owner Jonny Adler filed an appeal last month.
Last Thursday, the zoning board ruled, 3-0, in Adler’s favor, reversing Brotman’s decision.
Brotman had argued the town ordinance is “permissive,” meaning that anything not explicitly mentioned in zoning regulations is not allowed — including requiring a cover charge for live music.
But the zoning board, in its decision, effectively rendered Brotman’s point moot by decreeing cover charges as a “primary” use for the Skinny Pancake restaurant.
In contrast to a 2003 ruling that established a precedent allowing live music in town, the zoning board last week stressed that its decision was of a narrow scope.
“We wish to emphasize that while we have stated broad reasoning in our opinion, the only decision we are called to make in this case, and the only decision that we do make, is that the zoning administrator’s decision to prohibit charging a fee for entertainment as proposed by (the Skinny Pancake) was an error,” the six-page decision said.
Adler could not be reached for comment on Monday.
Before last week’s decision, Adler told the Valley News that concerts with cover charges were not unique to his Hanover location and were not an integral part of his business strategy. Instead, he said, they were a way to fulfill Skinny Pancake’s mission of promoting local institutions.
In this case, the performance had been meant to showcase regional music — the Burlington band Madaila — and an area nonprofit, Vital Communities, which coordinates numerous volunteer efforts through its White River Junction office.
Adler also told the zoning board that he tentatively had planned to charge cover fees twice a month, usually after 9 p.m.
The Skinny Pancake’s zoning victory won’t necessarily mean a proliferation of cover concerts in Hanover.
Joshua Tuohy, co-owner of Salt hill Pub, which has locations here and in Lebanon, Newport and Newbury, N.H., said he didn’t anticipate requiring cover charges based on the decision.
“If you’re booking good talent and have an atmosphere to enjoy live music, I’m not sure charging a cover is necessary,” he said in an email on Monday. “That’s not to say offering live entertainment is cheap, or headache-free — that’s why you see places getting out of the live music game all the time. We just really like supporting local music, and the many talented people here in the Upper Valley.”
Tuohy said each Salt hill location hosts at least four fundraisers annually, often using live music as a draw for the event. At those times, the pub may seek donations at the door, giving all of the proceeds to charity.
Rob Wolfe can be reached at rwolfe@vnews.com or 603-727-3242.