AUBURN - A Cayuga County state Supreme Court ruling on Thursday found that Sennett's Zoning Board of Appeals acted within the boundaries of the law when it allowed the expansion of a restaurant located in one of town's residential areas.

The ZBA decided on March 25 that there was no legal reason to prevent the additions of an outdoor dining area and a drive-through window to the former Pioneer Restaurant property, now called Bonca's, owned by Rybach & Rig Properties LLC on Route 20.

After the original decision in March, the Sennett Town Board filed a lawsuit against its own ZBA, which prompted Thursday's hearing.

Attorney Thomas Blair, who represented the town board, said the restaurant owners were relying on supposed loopholes in Sennett's zoning code instead of coming to a compromise with the public on acceptable renovations.

Under previous ownership, Bonca's had been a sit-down restaurant that limited its business to the indoors, but renovations to move the business outside alarmed neighbors because of possible increased noise and light pollution.

Blair also argued the restaurant lost its non-conforming use rights when it failed to re-open for business within one year. Non-conforming rights apply to a structure that was in use before zoning laws changed. The rights allow a business to stay open instead of being forced out of a particular area.

The attorney for Rybach & Rig Properties LLC, Scott Chatfield, said the ZBA had decided the non-conforming rights did not expire because the restaurant owners had invested a large amount of money into the construction project.

In New York, long term projects which require a large amount of time and money are usually excluded from new restrictions put in place when a zoning law changes.

John Langey, an attorney for the ZBA, said the ZBA was also limited by Sennett's zoning rules which would define a hot dog stand as a restaurant. The definition of a restaurant under Sennett's vague laws, was an establishment which prepared and served food on-site, Langey said.

With that definition in mind, Chatfield said his clients set up a hot dog stand on the property for one day so that the restaurant could renew the year long non-conforming expiration term.

Judge Thomas Leone said that while he did not agree with all of the arguments made by Chatfield or Langey, there was no evidence that the ZBA had made their decision outside the scope of the law.

“I am sympathetic of the residents but I am constrained,” Leone said. “It is not my position to agree or disagree with the zoning board, it is my job to make sure they complied with the law and they did.”

Even though his decision supported the ZBA, Leone urged Chatfield and his clients to work with the neighbors in an attempt to reach a compromise.

Chatfield and Blair both said they would be willing to work together.

“The town has always welcomed the idea of working with (the restaurant),” Blair said. “The town's doors are always open.”

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net