I was recently alerted by a friend that there was conversation (albeit it brief) about a brewery in Fawn on the forum here. I am glad to see that there is a SYC forum and commend the ADMIN (Dan) for creating it.
I wanted to relay to any interested individuals the general state of things and to clear some air on the brewery topic. I am intending to construct and operate a small Microbrewery that will distribute to 15 counties on PA, and eventually New York and Maryland. Open container alcohol will NOT be served and Fawn will remain a “dry town” even though there is NO legal standing documentation or law that prevents alcohol in general from being in Fawn. As is stands now I DO have the variance approval for the preferred location of the building, with it being well known that a brewery would be operated within the structure. We at the time, unfortunately, were denied the request to operate in said structure on the basis that a brewery would consume to much water (cannot be proven) and that the usage (brewing facility) did not comply with Fawn Boroughs ordinance (the word brewery/beer does not appear in the ordinance). While increased traffic was discussed it was not in the formal written denial. For legal reasons I will not go into detail on our (my attorney and I) opinions of that decision and how it is completely erroneous. However it can be said that at the original meeting the ZHB council failed to have a transcriptionist present and in my willingness to be cooperative, all parties agreed to tape record the meeting to have it transcribed at a later date. Unfortunately the recorder that the ZHB used failed to capture an audible record, so after two months of being into (what we thought) was the appeal process it was decided that without a transcript a York court judge would reject appeal and request a letter of record. So now we find ourselves back before the ZHB on July 9th, 2009 at 7:00 pm at the Fawn Grove firehall. I encourage and request any individuals that support our cause to be PRESENT (along with any other friends or family) at that meeting and voice the rights of life, liberty and the pursuit of happiness. I can only hope that public presence and support will ring louder than preconceived notions, hearsay and slander. Please keep in mind that the ZHB does NOT have the final say in the matter. We have a full recommendation from the planning commission in favor of the project, unfortunately they have no legislative power, but if in fact were are denied again, Borough Council members can make a motion to intervene. If that does not happen we still have the appeals process, which at that point I have faith that in front of an objective judge the morality of the issue will be removed and the facts will be used for a decision. So for any naysayers out there don’t write me off just yet!
If anyone has any further questions feel free to contact me or post a follow up to this message.
Sincerely,
JR Heaps
Fellow Fawn Grovian and prospective business owner.
If Fawn is giving you a hard time, what about some of the other nearby towns? I’m sure some of them would welcome a new business.
Good luck.
While that is and remains a pragmatic possibility my goal is to open the brewery on my families industrial property in Fawn. This is for many reasons but not limited to security, convenience, affordability, equity, etc. I have, as you can imagine, quite a bit vested both financially and emotionally. However I have been approached by other towns who show interest.
Good luck with this project. DO NOT GIVE UP. I think what you are doing is great. It sounds like you have a business plan in place and I hope you are successful. This business (any business at this point in time) will bring a good thing to the community. Jobs and taxes just to name two off the top of my head. I also think it’s great that you have a place you can utilize. Just for the record I would support this if it was in my town (Stewartstown). Good luck and I will try to make the meeting.
I live in Fawn and friends of mine told me about it. I think it’s a really cool idea. Everyone in the area I talk to thinks it would be great. Good luck with your new venture!
I live in Fawn and friends of mine told me about it. I think it’s a really cool idea. Everyone in the area I talk to thinks it would be great. Good luck with your new venture!
Please voice your opinion if your able July, 9 at the new meeting. Thanks for the kind words.
To echo what someone else said...do not give up...you already know by coming this far that the wheels turn so slowly sometimes it’s like they are not moving at all. I love your idea, and especially that you want to include your hometown and family heritage as an integral part of the dream. I wish you continued good luck and will try and make a meeting
I think your idea is great! I’ve heard the rumor mill along the way and all I have to say is I think that the “small town” syndrome is at work ..... it’s almost as if they think bc they are a small town they are above the law or something. But ... the law is the law and if you are following the rules so should they. They cannot turn you down just bc they feel it’s morally wrong which from what I’ve gathered from the information I’ve heard that’s what they are basing their decision on. And from what I heard the one person who raised the highest stink about it doesn’t even live in Fawn Grove they just own property here. As for the kid issue well.... maybe this small town should start thinking about giving their teens something to do other than squealing their tires in the town square,smoking dope and having underage drinking parties. This whole town needs to lighten up and wake up the future is coming and so is development and build up. If they think that one little microbrewery is a problem just wait........ And on that note , I hope that you win the fight and your brewery is up and running soon
snip...And from what I heard the one person who raised the highest stink about it doesn’t even live in Fawn Grove they just own property here.
<snip snip> Well then, he has every right to express his issues then. Y’all just need to get more folks from Fanw Grove to show up and drown his opinions out
Please keep in mind that the ZHB does NOT have the final say in the matter. We have a full recommendation from the planning commission in favor of the project, unfortunately they have no legislative power, but if in fact were are denied again, Borough Council members can make a motion to intervene and overthrow that decision. If that does not happen we still have the appeals process, which at that point I have faith that in front of an objective judge the morality of the issue will be removed and the facts will be used for a decision. So for any naysayers out there don’t write me off just yet!
I’m not sure where you got the information that the Borough Council can overthrow the decision of the ZHB. That is not true. They can appeal the decision to court, but they cannot overturn a decision by the ZHB. You always have the option to appeal the decision of ZHB to the courts. If their decision is not based on the requirements of the ordinance, there is a good chance that the courts will overturn the decision. Also,generally, the planning commission can only make a recommendation and does not have ANY authority at all. The ZHB (and Borough Council for that matter) has the right to disregard any recommendation made by the PC.
You need to have the support of the citizens of Fawn Grove Borough behind you. They are the ones who will have “standing” in the eyes of the court, not just anyone on this forum.
I applaude your attempts to start up your own business and wish you much success!
