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Toad's Remains Rooftopless

Thursday, Sep 10, 2009 | Updated 8:30 AM EST

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Some thieves made off with more than $1 million worth of these.

People who were afraid ashes would be falling on their heads from a rooftop terrace at Toad’s Place can walk confidently.

New Haven's Board of Zoning Appeals rejected a proposal for the terrace Wednesday night.

Club owner Brian Phelps has been trying to get approval for a 400-square-foot rooftop terrace for smokers, but in an unexpected vote Wednesday night, the BZA voted down the plan, citing a potential strain on neighborhood parking, the Yale Daily News reports.

Last month, the New Haven City Plan Commission recommended that the Board of Zoning Appeals allow a special exception and ruled that Toad’s expansion would not unduly burden local traffic and parking.

Wednesday’s ruling puts the construction of the terrace on hold.

Phelps’ lawyer, James Segaloff, told the Daily News that he was unsure how the club will proceed.

“All the experts (in city planning and parking) concluded there were no problems,” Segaloff told the Yale Daily News after the meeting. “I don’t see any basis for the conclusion.”

Although most rejected proposals cannot be resubmitted for 12 months, the BZA also voted to allow Toad’s officials to hand in a revised design next month for reconsideration.

The expansion would increase the Toad's Place capacity by 40 patrons.