The Palmerton Zoning Hearing Board will hear an appeal on an Irish pub-style business in Palmerton.

The board will review an appeal at 7 p.m. Thursday by the applicant, TT Dowling's Irish Pub, over property at 315 Lehigh Ave.The borough's zoning officer Duane Dellecker denied an appeal for a nonconforming use and the applicant has requested an interpretation of another section of the ordinance for the definition of a restaurant.In September, borough council rejected a liquor license transfer from Jim Thorpe to 315 Lehigh Ave. The property, which is currently owned by David Periera, has been closed for more than a year.Council's rejection came after it held a public hearing which included testimony from Thomas M. Dowling and his daughter, Kyla Buluc, both of Kunkletown, who wanted to open an authentic Irish pub and restaurant.Dowling said at that time he and his family wanted to open T.T. Dowling's Irish Pub LLC, which would specialize in Irish stout, ales and Irish fare, as well as American fare.Dowling said the restaurant would have been able to accommodate between 80-85 customers and would have been open for lunch and dinner from 11 a.m. until 10 p.m.Dowling, who owned the 57 Hotel in Kunkletown until it burned to the ground last year, said he would hire several employees.Council President Terry Costenbader asked Dowling why he wanted to locate an Irish pub-style business in Palmerton. Dowling replied there aren't any in the borough.Costenbader told Dowling that upon checking on the state Liquor Control Board's website, he found that the 57 Hotel had many violations over the past few years.As a result, Costenbader said he would abstain from the vote.In his rejection letter dated Feb. 26, Dellecker said the property is located in a Residential/Light Commercial (R-3) zoning district.Periera has submitted an application to change the use of property at 315 Lehigh Ave. from a restaurant to a tavern/restaurant.However, Dellecker said in his letter that a section of the borough's zoning ordinance prohibits both restaurants and taverns in the R-3 zoning district."Being as a restaurant existed at this property, and the intent to abandon that use does not appear to exist, as outlined in Section

808.G.2 of the zoning ordinance, it is our determination that a nonconforming condition exists," Dellecker said.Dellecker wrote, "If the majority of trade is food, the use becomes a restaurant. If a substantial portion of trade is alcoholic beverages, the use becomes a tavern."Dellecker noted in his letter that according to borough records, in 2011 a business occupancy permit was issued to Jeremy's Place as a restaurant. As the use of the property was strictly as a food restaurant without any liquor sales, a bar/tavern use did not exist, or was abandoned, from a previous use, the letter states."The name of the proposed establishment, TT Dowling's Irish Pub, clearly indicates a majority of the activity is intended to be a pub or tavern," he said.Dellecker wrote that borough records indicate a maximum of 42 seats for the former business activity. Any increase in the number of seats will require special exception action of the zoning hearing board.If the seating is increased as a result of the change in use or expansion of activity, additional off-street parking will be required, or a variance will be necessary from the zoning hearing board."Had this property been located in a commercial zoning district, off-street parking would not have been a consideration," he said. "However, since this property is located in an R-3 zoning district, any additional seating proposals will need to address off-street parking."Dellecker wrote that restaurant uses require one off-street parking space for every four seats; tavern uses require one space per 30 square feet of total floor area.The zoning ordinance allows for the grandfathering of off-street parking deficits, he said.As no internal or external layouts or proposed seating areas were supplied as part of the application, the office could not make a determination whether or not additional off-street parking is necessary.