SENNETT - A historic Sennett restaurant property may soon reopen for business - under a new name.

The Sennett Zoning Board of Appeals rendered decisions Tuesday in the appeal submitted by RyBach & Rig Properties LLC on plans for the former Pioneer Restaurant, granting half of the appeals.

All zoning board members were present, as were Paul E. Weiman, code enforcement officer, attorneys Don Cheney and John R. Langey, and restaurant owners John Ryan and Gregory Rigby.

The ZBA voted individually on each item appealed:

• On Item No. 1, the board overturned the code enforcement officer's determination that outdoor seating, tables, a walkup window, a drivethrough, and a patio area were an impermissible change of use. The board reasoned, based on the ordinances in effect at the time, that the term “restaurant” remained undefined other than a public eating place and that the term “use” was defined as any activity carried on or in a building or a tract of land. Therefore, eating outside was not a violation and a site plan review was not required. The appeal was granted 4-1, with Jerry Patience dissenting.

• Item No. 2, the use of speakers, was determined as impermissible as there had been no prior existence of an outdoor speaker system. (This does not refer to the two-way speaker used in a drivethrough). The board unanimously denied this appeal.

• Item No. 3, the commercial use of the building's second story, was determined an impermissible use. The historical record indicated the second floor was always used as a living space up to and including September 2006. The ordinance reads that “no non-conforming space shall be extended to a conforming use space.” The board unanimously denied this appeal.

• Item No. 4, outdoor events, promotions, catered events, and parties, were disallowed. There was no proof indicating a pre-existing use of these events that were not a feature of restaurant use. The board unanimously denied this appeal.

• Item No. 5, the code enforcement officer's issuance of a cease-and-desist order for construction on the premises was overruled by the board because the owners had been issued a valid zoning permit at the time and had established a valid right to construction activity. The board voted 4-1 to support the appeal, with Patience dissenting.

• Item No. 6, the code enforcement officer's determination that the property had lost its non-conforming use status as a restaurant, was overturned because food had been sold on the premises prior to one year after the property had been purchased, even though the food was sold for only a few hours. The zoning ordinance for abandonment of non-conforming use did not describe or define the degree to which the use must continue. Therefore, discontinuance provisions were not triggered. The appeal of the nonconforming use status was 3-2, granting the appeal. Peter Adams and Patience dissented.

A final motion was made, basically limiting actions to the above specific appeals and disclaiming any approval of the appellants' claims not addressed here.

“We're excited about the decisions on the walkup window and patio and disappointed about the use of the upstairs,” said Dr. John Ryan, one of the restaurant partners. “I don't know if you're aware, but we're changing the name to 'Bonca's.' It's a name the grandchildren gave my dad.”

The Sennett Zoning Board of Appeals' decisions will take effect when filed with the town clerk. This final motion was unanimously approved by the board.

The town can still take legal action against any or all decisions made by the ZBA if it so chooses.

Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net