Yard Pub seeks extended outdoor hours, board continues case amid preemption dispute

The Haverford Township Zoning Hearing Board continued a contested case on Aug. 21 after hearing testimony and public comment about the Yard Pub’s outdoor operations and alleged zoning violations.

Attorney Daniel Kovville, representing Murphy Oconor LLC, told the board the business seeks an amendment or variance to allow amplified outdoor music and outdoor service to run until 11 p.m. on Fridays and Saturdays (9 p.m. on weekdays), and retroactive approval or permit review for a second outdoor tent and associated equipment. Kovville said a change to the Pennsylvania liquor law shortly after the board’s 2022 decision authorizes amplified sound from licensed premises up to 75 decibels at the property line, and he argued the state provision preempts the township’s restrictions. Kovville said he would file a legal brief on the preemption question by Sept. 16; the township’s response is due Sept. 30.

Why it matters: The dispute folds together three issues — hours of outdoor service, amplified sound, and unpermitted structures — and raises a legal question about whether a state liquor-code amendment limits local zoning regulation of amplified outdoor music. The board left the record open to receive decibel readings, parking plans and legal briefs before taking further action.

Co-owner Thomas J. Rafferty and manager Kelly McLolin gave detailed testimony about the property and operations. Rafferty described two existing tents (each about 40 by 30 feet), astroturf under the tents, an existing patio, exterior bathrooms and a 1.18-acre lot footprint. He testified that the closest residence is roughly 150–200 feet from the outdoor service area and that the tents have been in place since about 2020. Rafferty also said the outdoor area accounts for a large share of the business’s events and revenue.

The board and the township zoning officer, Jonathan Mount, pressed the applicant for documentation: the site plan to show numbered parking spaces, evidence of who owns an adjoining easement, and decibel measurements. Rafferty and McLolin said they had taken decibel readings at several points — including the sidewalk at Westchester Pike and the edge of the adjoining commercial district — reporting peak readings in the low 70s dB when a DJ temporarily raised volume and ambient levels in the 60s. The applicant agreed to submit instrument calibration and the full sound log to the board.

On the notice of violation: The applicant acknowledged certain items in the zoning officer’s notice of violation — an unpermitted tent and use of portable heaters/fire pits — and told the board the team intends to apply for a permit for the second tent; if the permit is denied they will return seeking a variance. The township said it would defend the notice of violation but that some portions of the case overlapped a pending appeal in the Court of Common Pleas.

Public comment: Dozens of Haverford residents spoke in support of the Yard Pub, describing graduations, fundraisers, funeral luncheons and other community events that used the tented outdoor space and arguing the venue fills a local need that few other facilities can meet.

Board action and next steps: The board agreed to continue Z25-24 to Oct. 16, 2025, and set a briefing schedule on the preemption issue: the applicant’s legal brief due Sept. 16 and the township’s response due Sept. 30. The applicant will also provide revised site plans showing parking counts and the decibel logs and calibration records. The board left open the potential for a later hearing on any tent-permit denial or variance request.

What’s next: The board will consider the written briefs, the updated exhibits and any further testimony when the case resumes on Oct. 16.