The owners of the former Pioneer Restaurant property in Sennett still have an uphill battle before they can open for business.
Owners Rybach & Rig Property LLC received a letter dated July 8 from Sennett's code enforcement officer, Paul E. Weiman Jr., outlining outstanding issues with their restaurant, to be called Bonca's, that must be resolved before a certificate of occupancy can be issued.
The building was inspected by Weiman and town engineer Tom Buell on June 26 for about an hour and a half, according to partner Greg Rigby, and the inspectors pointed out several safety violations that Rigby said were immediately addressed.
“They mentioned a dust cover on the smoke detectors and the emergency light not properly functioning,” he said. “We had those fixed. The bathroom problem for the handicapped was fixed five days later. The electrical inspection for the parking lot lights was done yesterday (Thursday).”
But zoning law issues outlined in the new letter are
another matter. The town wants a set of “as built” plans because the earlier plan submitted does not comply with what was actually built at the property.
“We are in agreement to disagree on what is in violation and what is not in violation,” Rigby said. “We don't agree that we have to submit for a site plan review because we have already invested in the project.”
He also said that some modifications to the original plan were the result of changes made on site with the verbal approval of Weiman.
“As zoning officer, he (Weiman) is entitled to his interpretation of the zoning law,” he said.
In the letter, Weiman said that Rybach & Rig would have to get variances from the ZBA for parking spaces that don't conform to a minimum of 200 square feet each and too few parking spots for the total amount of customer use; a front setback that is 33 feet instead of 35 feet, because second floor access and a patio are extending into the setback.
The biggest hurdle is the issue of “nonconforming” use area. The town says an allowable increase for nonconforming use is 6,127 square feet, but the area the restaurant occupies is 9,660 square feet.
“You are currently 3,533 square feet over your allowed increase in area that you could expand your nonconforming use,” the letter reads. “You will need to seek a variance from the ZBA as you did not appeal this issue before and your appeal rights have been lost.”
Permits also need to be processed: a state Department of Transportation commercial driveway permit; a state Department of Environmental Conservation permit for stormwater management; a permit from Cayuga County Department of Health allowing the restaurant to operate; and a final electrical inspection certification for parking lot light poles.
Weiman stressed that the ZBA found that RyBach & Rig's proposal as it existed prior to Dec. 13, 2007 was not subject to site plan review. However, in his letter he noted that he has determined that, once the zoning law was amended, the owners could not avoid site plan review on anything other than what was in plans prior to the law taking effect.
He mentioned landscaping, a fence, a sign package #* including the Bonca's sign and menu sign #* and building awnings that weren't included in the original plan and constitute a change to the exterior or the building, also requiring relief from the zoning board.
“I put in sign permit applications for every awning,” Rigby said. “Every one was rejected because no signs are allowed in a residential zone.”
The awnings had the name of the restaurant on them.
While some concessions were possible for items deemed accessory uses, the letter warns against any attempt to open the restaurant without a certificate of occupancy from the town.
“The Town will seek an immediate injunction along with damages for attorney's fees and will prosecute you and your partners criminally to the fullest extent of the law, ” it says.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
The building was inspected by Weiman and town engineer Tom Buell on June 26 for about an hour and a half, according to partner Greg Rigby, and the inspectors pointed out several safety violations that Rigby said were immediately addressed.
“They mentioned a dust cover on the smoke detectors and the emergency light not properly functioning,” he said. “We had those fixed. The bathroom problem for the handicapped was fixed five days later. The electrical inspection for the parking lot lights was done yesterday (Thursday).”
But zoning law issues outlined in the new letter are
another matter. The town wants a set of “as built” plans because the earlier plan submitted does not comply with what was actually built at the property.
“We are in agreement to disagree on what is in violation and what is not in violation,” Rigby said. “We don't agree that we have to submit for a site plan review because we have already invested in the project.”
He also said that some modifications to the original plan were the result of changes made on site with the verbal approval of Weiman.
“As zoning officer, he (Weiman) is entitled to his interpretation of the zoning law,” he said.
In the letter, Weiman said that Rybach & Rig would have to get variances from the ZBA for parking spaces that don't conform to a minimum of 200 square feet each and too few parking spots for the total amount of customer use; a front setback that is 33 feet instead of 35 feet, because second floor access and a patio are extending into the setback.
The biggest hurdle is the issue of “nonconforming” use area. The town says an allowable increase for nonconforming use is 6,127 square feet, but the area the restaurant occupies is 9,660 square feet.
“You are currently 3,533 square feet over your allowed increase in area that you could expand your nonconforming use,” the letter reads. “You will need to seek a variance from the ZBA as you did not appeal this issue before and your appeal rights have been lost.”
Permits also need to be processed: a state Department of Transportation commercial driveway permit; a state Department of Environmental Conservation permit for stormwater management; a permit from Cayuga County Department of Health allowing the restaurant to operate; and a final electrical inspection certification for parking lot light poles.
Weiman stressed that the ZBA found that RyBach & Rig's proposal as it existed prior to Dec. 13, 2007 was not subject to site plan review. However, in his letter he noted that he has determined that, once the zoning law was amended, the owners could not avoid site plan review on anything other than what was in plans prior to the law taking effect.
He mentioned landscaping, a fence, a sign package #* including the Bonca's sign and menu sign #* and building awnings that weren't included in the original plan and constitute a change to the exterior or the building, also requiring relief from the zoning board.
“I put in sign permit applications for every awning,” Rigby said. “Every one was rejected because no signs are allowed in a residential zone.”
The awnings had the name of the restaurant on them.
While some concessions were possible for items deemed accessory uses, the letter warns against any attempt to open the restaurant without a certificate of occupancy from the town.
“The Town will seek an immediate injunction along with damages for attorney's fees and will prosecute you and your partners criminally to the fullest extent of the law, ” it says.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
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Post your comment - click hereThere are 17 comment(s)
harley06 wrote on Jul 14, 2008 1:23 PM:
tome8689 wrote on Jul 12, 2008 1:37 PM:
nature lover wrote on Jul 12, 2008 1:03 PM:
logic wrote on Jul 12, 2008 11:52 AM:
movedsouth wrote on Jul 12, 2008 11:39 AM:
troubles7902 wrote on Jul 12, 2008 11:36 AM:
wondertwin wrote on Jul 12, 2008 10:34 AM:
resofsennett wrote on Jul 12, 2008 10:31 AM:
logic wrote on Jul 12, 2008 10:25 AM:
vinmeister1 wrote on Jul 12, 2008 10:12 AM:
Unknown... wrote on Jul 12, 2008 9:01 AM:
Andy B wrote on Jul 12, 2008 8:20 AM:
logic wrote on Jul 12, 2008 7:54 AM:
Open up lines of communication and follow the judge's instructions to work together.
You have already cost many young people their summer jobs and did much damage to the town's good name and standing in the community. "
realist wrote on Jul 12, 2008 7:38 AM:
westhigh69 wrote on Jul 12, 2008 7:24 AM:
Instead of using the zoning reg's to find out how many reasons you can come up with to keep a new business from opening,try this attitude..."Welcome Mr. NewBusiness,.Let's see what we can do to expedite the opening of your venture.!!"
I'll bet you'll see the same negative measures against the wind farm propenents...unless they read this article and decide to head South.
Excercise your mind,and it will grow ..UP !! TH "
shoemaker187 wrote on Jul 12, 2008 6:59 AM:
cm wrote on Jul 12, 2008 12:38 AM:
Because the restaurant WON in court on the building adjustments, the "little townspeople" that recieved mudd in their face is now trying to find ANY excuse to stall the opening.
For sure if I were them, I wouldnt visit this business as a client--who knows what the cook will do to their food. "