SENNETT - The final resolution of Bonca's last three appeals to the Town of Sennett's Zoning Board of Appeals took place Thursday evening as the restaurant won all three.
The ZBA voted 4-1 to grant RyBach & Rig's first appeal, which addressed determinations by the code enforcement officer, Paul E. Weiman Jr., that addition of landscaping, fencing and a sign package including awnings required a site plan review.
The board had previously determined the applicant enjoyed vested rights in the building's ownership and rejected a site plan review. The signage and other amenities were what would be reasonably expected and would require additional time to complete. The completion of the structure does not deem vested rights are lost.
Jerry Patience, ZBA board member, read a statement refuting the decision based on his interpretation that vested rights were lost when all work on the building was complete, referencing Scott Chatfield's letter indicating work on the building was finished Dec. 6, 2007. “Vested rights are not unending,” Patience quoted from his summary. “Since they were open, the project must have been completed.”
He voted against the appeal.
The board also voted 4-1 to grant the second appeal. There was an impermissible expansion of a non-conforming use. The board had previously determined it couldn't act on the issue of square footage because it hadn't been appealed within the appropriate time limit.
Because Weiman included the issue in a subsequent letter dated July 8, RyBach and Rig was allowed to file a new appeal which they did within the time limit.
The board addressed this issue after reviewing several detailed sets of calculations compiled by Weiman and an independent appraiser.
It finally concluded, depending on whether a deck, patio, ramp, and drive-thru walk were excluded, the degree of expansion was well within the 50 percent allowed. It arrived at 2.2 percent, but said even if somethings were included except for the deck, the area would only have increased 12.9 percent, still within the limit.
The board concluded there was no need for a variance, so the appeal was granted.
Finally, the board also approved the appeal of the determination that the hours of operation of the business must be limited to the previous owners' hours - 11 a.m. to 9 p.m., Tuesday through Sunday. The board accepted the argument that non-conforming use hours may be expanded. To the extent that expansion includes potential operation, besides range, distance, and space, the board focused on the final definition - to cause to be longer. Therefore, Bonca's will be open from 6 a.m. to 10 p.m. Sunday through Thursday and 6 a.m. to midnight on Friday and Saturday.
Patience objected based on the fact that the old Pioneer restaurant had a liquor license and had to close at a certain time.
The board unanimously resolved that its decisions only applied to these specific appeals and that the document would take effect when it is filed. ZBA chairman James Lent said the paperwork would be filed Friday morning.
The board also considered the appeal for an area variance to an approved subdivision by Kasper Construction Company, Inc., the developer of Quincy Hills subdivision off of Route 20 on East Genesee Street.
Don Kasper and his architect explained the new plan, which they first touted as a Proposed Development District to the board. Kasper said the town rejected the proposal.
Weiman said the reason was they didn't believe another PDD was in the town's best interests.
Kasper took the plan back to the planning board. He was trying to create a modification to his original plan of individual single-family homes. Instead of 38 detached 4-bedroom homes, he proposed to reduce those to 14 and build 40 single-family homes that were attached by twos with a firewall. There would only be two bedrooms in each of these, and they would be owned individually, even though attached.
By reducing the number of bedrooms, the demand for sewer service would decrease as well as the number of public roads needed to be maintained by the town. Kasper said the change was made because there was a demand by senior citizens for this type of ranch in a clustered style.
Because the town ordinance did not have a name and definition for this type of structure, the board needed time to research the matter. They tentatively set Nov. 13 to review the matter again.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
The board had previously determined the applicant enjoyed vested rights in the building's ownership and rejected a site plan review. The signage and other amenities were what would be reasonably expected and would require additional time to complete. The completion of the structure does not deem vested rights are lost.
Jerry Patience, ZBA board member, read a statement refuting the decision based on his interpretation that vested rights were lost when all work on the building was complete, referencing Scott Chatfield's letter indicating work on the building was finished Dec. 6, 2007. “Vested rights are not unending,” Patience quoted from his summary. “Since they were open, the project must have been completed.”
He voted against the appeal.
The board also voted 4-1 to grant the second appeal. There was an impermissible expansion of a non-conforming use. The board had previously determined it couldn't act on the issue of square footage because it hadn't been appealed within the appropriate time limit.
Because Weiman included the issue in a subsequent letter dated July 8, RyBach and Rig was allowed to file a new appeal which they did within the time limit.
The board addressed this issue after reviewing several detailed sets of calculations compiled by Weiman and an independent appraiser.
It finally concluded, depending on whether a deck, patio, ramp, and drive-thru walk were excluded, the degree of expansion was well within the 50 percent allowed. It arrived at 2.2 percent, but said even if somethings were included except for the deck, the area would only have increased 12.9 percent, still within the limit.
The board concluded there was no need for a variance, so the appeal was granted.
Finally, the board also approved the appeal of the determination that the hours of operation of the business must be limited to the previous owners' hours - 11 a.m. to 9 p.m., Tuesday through Sunday. The board accepted the argument that non-conforming use hours may be expanded. To the extent that expansion includes potential operation, besides range, distance, and space, the board focused on the final definition - to cause to be longer. Therefore, Bonca's will be open from 6 a.m. to 10 p.m. Sunday through Thursday and 6 a.m. to midnight on Friday and Saturday.
Patience objected based on the fact that the old Pioneer restaurant had a liquor license and had to close at a certain time.
The board unanimously resolved that its decisions only applied to these specific appeals and that the document would take effect when it is filed. ZBA chairman James Lent said the paperwork would be filed Friday morning.
The board also considered the appeal for an area variance to an approved subdivision by Kasper Construction Company, Inc., the developer of Quincy Hills subdivision off of Route 20 on East Genesee Street.
Don Kasper and his architect explained the new plan, which they first touted as a Proposed Development District to the board. Kasper said the town rejected the proposal.
Weiman said the reason was they didn't believe another PDD was in the town's best interests.
Kasper took the plan back to the planning board. He was trying to create a modification to his original plan of individual single-family homes. Instead of 38 detached 4-bedroom homes, he proposed to reduce those to 14 and build 40 single-family homes that were attached by twos with a firewall. There would only be two bedrooms in each of these, and they would be owned individually, even though attached.
By reducing the number of bedrooms, the demand for sewer service would decrease as well as the number of public roads needed to be maintained by the town. Kasper said the change was made because there was a demand by senior citizens for this type of ranch in a clustered style.
Because the town ordinance did not have a name and definition for this type of structure, the board needed time to research the matter. They tentatively set Nov. 13 to review the matter again.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
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