SENNETT - The Sennett Zoning Board of Appeals postponed a public hearing advertised for Thursday to consider an appeal by Pioneer Restaurant owners of certain interpretations of the town's zoning ordinance and local law..
James Lent, ZBA chairman, apologized for notifying the public, who had filled almost every seat, that the hearing would be on Thursday, Jan. 24. He called it an oversight that the public hearing portion of the process had been closed during the Dec. 13 meeting.
The board unanimously agreed to reschedule the public hearing for a special meeting of the ZBA at 7 p.m. on Tuesday, Feb. 26. This would also allow the various attorneys to review the minutes from the Dec. 13 meeting, which were still incomplete, and to listen to selected portions of tapes made of that meeting.
Pioneer Restaurant owners John Ryan, Mark Bachman, and Gregory Rigby, of RyBach & Rig Properties, LLC, essentially maintain that they complied with the town's building code and that the code enforcement officer made three decisions not supported by town ordinances: the requirement to have a site plan, approval by the ZBA for outdoor seating and a drive-up window as non-conforming use, and whether or not the restaurant lost its non-conforming use status.
After asking the board if anyone needed information or evidence based on what was presented at the last meeting, Lent wanted clarification on the percentage of increase in the current size of the Pioneer building, compared to its original size.
He wanted to determine if the 50 percent maximum requirement for non-conforming use had been exceeded.
Scott Chatfield, counsel for the appellants, said, “One of the bones of contention is what exactly we were appealing. It is not a question of the size of the building. It's a function of use. It's the use that can be expanded to 50 percent. It's a question of occupancy. Square footage is not the issue.”
John R. Langey, of Costello, Cooney, and Fearon, represented the town at the Zoning Board of Appeals in order to avoid any appearance of a conflict of interest.
He said the town is trying to collect as much information available and asked both Cheney, Weiman's lawyer, and Chatfield to provide the appropriate figures for square footage to the ZBA.
Town attorney Donald Cheney continues to represent code enforcement officer Paul Weiman but has recused himself from representing the town in this matter.
Chatfield raised the issue of a conflict of interest by mentioning an additional lawsuit that the town filed against his clients and the county health department earlier this month.
“The health department had issued a cease and desist order when the restaurant was opened briefly,” Chatfield said.
The owners had decided to open the restaurant for a day in 2007 in order to keep it functioning as a restaurant when problems with renovating the foundation delayed the opening. They were only open five minutes when the code enforcement officer ordered them to close.
Cheney and Blair represented the town in filing a challenge to the permit applied for by the restaurant owners. Cheney said he had to submit the paperwork within four months on behalf of the town, but he has, in effect recused himself as town attorney.
Chatfield said he was “tickled” that the ZBA had hired new counsel. He said, “Cheney and Blair were working on behalf of one of their clients (Weiman) in conflict with another client (the town board).
“We've submitted our research,” Cheney told the ZBA. “Nothing is preventing us from appearing before you.”
Chatfield began his lengthy appeal on Dec. 13 at the prior ZBA meeting. Besides the three issues mentioned, he said there were potentially seven other aspects that needed attention by the board. He maintained that his clients were within their rights as long as they complied with the town's code. He underscored the fact that the town zoning board of appeals had the power to reverse, reaffirm, or modify the ordinance.
RyBach and Rig Properties acquired the Pioneer Restaurant on Nov. 1, 2006 for $235,000 and invested more than $500,000 to renovate the property. The original Pioneer was established in 1946.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
The board unanimously agreed to reschedule the public hearing for a special meeting of the ZBA at 7 p.m. on Tuesday, Feb. 26. This would also allow the various attorneys to review the minutes from the Dec. 13 meeting, which were still incomplete, and to listen to selected portions of tapes made of that meeting.
Pioneer Restaurant owners John Ryan, Mark Bachman, and Gregory Rigby, of RyBach & Rig Properties, LLC, essentially maintain that they complied with the town's building code and that the code enforcement officer made three decisions not supported by town ordinances: the requirement to have a site plan, approval by the ZBA for outdoor seating and a drive-up window as non-conforming use, and whether or not the restaurant lost its non-conforming use status.
After asking the board if anyone needed information or evidence based on what was presented at the last meeting, Lent wanted clarification on the percentage of increase in the current size of the Pioneer building, compared to its original size.
He wanted to determine if the 50 percent maximum requirement for non-conforming use had been exceeded.
Scott Chatfield, counsel for the appellants, said, “One of the bones of contention is what exactly we were appealing. It is not a question of the size of the building. It's a function of use. It's the use that can be expanded to 50 percent. It's a question of occupancy. Square footage is not the issue.”
John R. Langey, of Costello, Cooney, and Fearon, represented the town at the Zoning Board of Appeals in order to avoid any appearance of a conflict of interest.
He said the town is trying to collect as much information available and asked both Cheney, Weiman's lawyer, and Chatfield to provide the appropriate figures for square footage to the ZBA.
Town attorney Donald Cheney continues to represent code enforcement officer Paul Weiman but has recused himself from representing the town in this matter.
Chatfield raised the issue of a conflict of interest by mentioning an additional lawsuit that the town filed against his clients and the county health department earlier this month.
“The health department had issued a cease and desist order when the restaurant was opened briefly,” Chatfield said.
The owners had decided to open the restaurant for a day in 2007 in order to keep it functioning as a restaurant when problems with renovating the foundation delayed the opening. They were only open five minutes when the code enforcement officer ordered them to close.
Cheney and Blair represented the town in filing a challenge to the permit applied for by the restaurant owners. Cheney said he had to submit the paperwork within four months on behalf of the town, but he has, in effect recused himself as town attorney.
Chatfield said he was “tickled” that the ZBA had hired new counsel. He said, “Cheney and Blair were working on behalf of one of their clients (Weiman) in conflict with another client (the town board).
“We've submitted our research,” Cheney told the ZBA. “Nothing is preventing us from appearing before you.”
Chatfield began his lengthy appeal on Dec. 13 at the prior ZBA meeting. Besides the three issues mentioned, he said there were potentially seven other aspects that needed attention by the board. He maintained that his clients were within their rights as long as they complied with the town's code. He underscored the fact that the town zoning board of appeals had the power to reverse, reaffirm, or modify the ordinance.
RyBach and Rig Properties acquired the Pioneer Restaurant on Nov. 1, 2006 for $235,000 and invested more than $500,000 to renovate the property. The original Pioneer was established in 1946.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
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