The Sennett Zoning Board of Appeals could hardly be accused of rushing into its March 25 decision regarding the proposed plans for the Pioneer Restaurant building.
The ZBA's decision, which supported the property owners on some issues but not on others, came after a series of lengthy meetings stretched out over several months. The board had to hire its own attorney to guide it through the legal aspects of the process, and it certainly received plenty of input from all sides involved.
But none of that matters to the majority of the Sennett Town Board's members. Four of the five town councilors have voted to appeal its own ZBA to a Cayuga County Court judge. Only Jeffrey Herrick dissented, saying the board has no basis for such an appeal. “Just because you don't like it is not grounds for appeal,” he said.
He is absolutely correct.
What this latest move signifies is that in Sennett, government process doesn't matter. What is the point of having a zoning board of appeals - or even a planning board - if the town board will simply take decisions that it personally opposes to court?
It's also troubling that this decision came about at a meeting in which there had been no indication such a measure was under consideration.
You would think that to make such a dramatic decision - taking one of your own boards to court - the public's input would have been sought.
We understand this proposal has been met with some resistance. Some neighbors of the Pioneer property are particularly upset about the prospect of outdoor dining and drive-up services at the restaurant, with the noise that could generate.
But the ZBA looked carefully into how the town's law reads, and they came to the conclusion that no such restrictions on that type of activity at a restaurant exist.
Bear in mind that the conclusion came with about $20,000 worth of legal guidance from the ZBA attorney.
Now, it looks like taxpayers will have to fund even more lawyer fees going forward.
But none of that matters to the majority of the Sennett Town Board's members. Four of the five town councilors have voted to appeal its own ZBA to a Cayuga County Court judge. Only Jeffrey Herrick dissented, saying the board has no basis for such an appeal. “Just because you don't like it is not grounds for appeal,” he said.
He is absolutely correct.
What this latest move signifies is that in Sennett, government process doesn't matter. What is the point of having a zoning board of appeals - or even a planning board - if the town board will simply take decisions that it personally opposes to court?
It's also troubling that this decision came about at a meeting in which there had been no indication such a measure was under consideration.
You would think that to make such a dramatic decision - taking one of your own boards to court - the public's input would have been sought.
We understand this proposal has been met with some resistance. Some neighbors of the Pioneer property are particularly upset about the prospect of outdoor dining and drive-up services at the restaurant, with the noise that could generate.
But the ZBA looked carefully into how the town's law reads, and they came to the conclusion that no such restrictions on that type of activity at a restaurant exist.
Bear in mind that the conclusion came with about $20,000 worth of legal guidance from the ZBA attorney.
Now, it looks like taxpayers will have to fund even more lawyer fees going forward.
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logic wrote on Apr 20, 2008 9:14 PM:
sensible wrote on Apr 20, 2008 7:01 PM:
movedsouth wrote on Apr 20, 2008 6:01 PM: