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AWT Beaver Independence Deli6/10/2005
oblems was merely general and too speculative. See SSEN, 810 A.2d at 208; see also, K&K Enter., Inc. v. Pennsylvania Liquor Control Bd., 602 A.2d 476 (Pa. Cmwlth. 1992) (testimony of witnesses conveying general fears and not providing specific details is not substantial evidence of alleged detrimental effect of transfer of license). With respect to septic system concerns, we note that the proposed site had been operating as a deli for approximately five years under proper zoning and occupancy permits and no evidence was offered indicating that the addition of alcoholic beverages would have detrimental effects on the existing septic system. Further, we disagree with the Township's contention that Mr. Thomas' failure to adequately respond to inquiries regarding the proposed facility "raise substantial questions as to the type and manner of operation of the proposed facility which directly impacts the health, safety and welfare of the community." See Brief of Appellant (Township) at 18. We agree with common pleas that Mr. Thomas' testimony that he intended to operate the deli in a manner similar to a Pizza Hut restaurant was sufficient for purposes of determining whether or not the transfer would have been detrimental to the Township.
Because the Township's evidence was not sufficient to conclude that the transfer would adversely affect the Township or its residents, common pleas properly reversed the Township's determination. Accordingly, we affirm common pleas' decision.
AND NOW, this 10th day of June, 2005, the order of the Court of Common Pleas of Beaver County pertaining to the Township's appeal in the above captioned matter is hereby AFFIRMED, and the order of the Court of Common Pleas of Beaver County pertaining to the Board's appeal is hereby REVERSED.
BONNIE BRIGANCE LEADBETTER, Judge
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