SENNETT - Town officials are weighing options regarding the opening of a restaurant last weekend without a certificate of occupancy.
Chet Susslin / The Citizen
Ken and Nancy Aldrich, of Auburn, take their ice cream away from the window at Bonca's on Route 20 in Sennett.
Ken and Nancy Aldrich, of Auburn, take their ice cream away from the window at Bonca's on Route 20 in Sennett.
Dave Sikora, town supervisor, said the town doesn't have a plan to follow regarding a C.O. violation, but it does have a procedure.
“They (Rybach & Rig Property LLC) are in violation of Sennett's ordinance law,” Sikora said.
What does that mean?
“A zoning law violation is a misdemeanor,” town attorney Don Cheney said. “It may carry up to a year in jail.”
The opening of Bonca's, the former Pioneer Restaurant, without a certificate of occupancy, was not discussed as part of the Sennett Town Board meeting Tuesday night.
Code enforcement officer Paul E. Weiman Jr. was out of town on vacation and was expected to return Wednesday.
“Paul Weiman will review what has been done and make a recommendation to the town board,” Sikora said.
This could happen during a regular town board meeting, or a special meeting could be called. Once a C.O. is requested, the code enforcement officer inspects the building, reviews the codes, and sends a paper to the applicant.
Sikora said the July 8 letter that Weiman sent to Rybach & Rig outlined in detail what still needed to be done after Weiman and town engineer Ken Teeter inspected the building in early July.
“If you attempt to open without a certificate of occupancy issued by the Town of Sennett, the town will seek an immediate injunction,” that letter said. Once all criteria are met, a final inspection takes place and the certificate of occupancy is issued.
“Paul Weiman has to come to the board and recommend an injunction,” Sikora said.
The code enforcement officer has law enforcement powers that no one else has. Sikora said that if a special meeting were requested, he would do his best to get everyone together. The board would have to vote for an injunction, and it would pass with a simple majority.
If the board votes for an injunction to shut down the business, town attorneys Cheney and Tom Blair would petition the court for an injunction order. The judge could say shut down immediately and go to the Zoning Board of Appeals for relief or stay open and go to the ZBA.
“The first administrative relief is in the local jurisdiction,” Sikora said, so Rybach & Rig would still need the ZBA to grant a variance.
“If Weiman wants to issue a cease and desist order, he doesn' t have to tell us,” he said. “Every day the business is open, he can issue a cease and desist order.”
Weiman can also issue an appearance ticket, which would require a court appearance within a certain time period, similar to a parking ticket.
“It's not an order to tell them not to sit and eat ice cream,” he said. “Weiman's responsibility is to investigate the alleged violation.”
Sikora expressed optimism about the matter.
“I think it can be worked out,” he said. “I think the applicants are intelligent people. The letters we've sent speak for themselves. These are totally different issues that are on our books that haven't been addressed by the ZBA.”
He said that Rybach & Rig could go to the ZBA for relief and ask for variances. Is he hopeful that the matter will be amicably resolved?
“Heck, yes,” Sikora said. “I'm optimistic that everything can be worked out.”
In other news:
* Dom Basile, president of the Highland Park Golf Club, was anxious to get started on building a new clubhouse, to replace the one which burned down last September.
“We're going to be asking the town board for a special meeting,” he said, noting compliance with the zoning board's fire line requirements.
Now the issue of the water line needs to be addressed. Basile said Pete Montross, planning board chairman, seemed satisfied with the water line and asked the town board for special consideration.
“We're running out of time,” he said.
“Nothing can be done until the planning board accepts or rejects the project,” said Jerrold Eades, town councilor. “We can't do anything until we get a piece of paper.”
Basile agreed to go to the planning board Thursday.
* Don Kasper also discussed his Planned Development District application status, expressing some concern about a lack of communication in Sennett as he is changing lot lines and lot sizes in his development.
“I started e-mailing letters back in February,” he said.
What exactly was expected wasn't clear to him or his architect.
“We sat down with Paul Weiman and we did make this request,” he said.
“It's in the zoning book,” Sikora said. “Don (Cheney) will show you what to do.”
* Dick Hamilton, a resident on Wegman Street, presented a petition asking for two stop signs to keep people from speeding. The board advised him that stop signs can't be used for speeding, but highway superintendent James F. Smith said they could see if a couple of message boards indicating speed could be put up to make drivers aware that they are going too fast.
Staff writer Kathleen Barran can be reached at 253-5311 ext 238 or kathleen.barran@lee.net
“They (Rybach & Rig Property LLC) are in violation of Sennett's ordinance law,” Sikora said.
What does that mean?
“A zoning law violation is a misdemeanor,” town attorney Don Cheney said. “It may carry up to a year in jail.”
The opening of Bonca's, the former Pioneer Restaurant, without a certificate of occupancy, was not discussed as part of the Sennett Town Board meeting Tuesday night.
Code enforcement officer Paul E. Weiman Jr. was out of town on vacation and was expected to return Wednesday.
“Paul Weiman will review what has been done and make a recommendation to the town board,” Sikora said.
This could happen during a regular town board meeting, or a special meeting could be called. Once a C.O. is requested, the code enforcement officer inspects the building, reviews the codes, and sends a paper to the applicant.
Sikora said the July 8 letter that Weiman sent to Rybach & Rig outlined in detail what still needed to be done after Weiman and town engineer Ken Teeter inspected the building in early July.
“If you attempt to open without a certificate of occupancy issued by the Town of Sennett, the town will seek an immediate injunction,” that letter said. Once all criteria are met, a final inspection takes place and the certificate of occupancy is issued.
“Paul Weiman has to come to the board and recommend an injunction,” Sikora said.
The code enforcement officer has law enforcement powers that no one else has. Sikora said that if a special meeting were requested, he would do his best to get everyone together. The board would have to vote for an injunction, and it would pass with a simple majority.
If the board votes for an injunction to shut down the business, town attorneys Cheney and Tom Blair would petition the court for an injunction order. The judge could say shut down immediately and go to the Zoning Board of Appeals for relief or stay open and go to the ZBA.
“The first administrative relief is in the local jurisdiction,” Sikora said, so Rybach & Rig would still need the ZBA to grant a variance.
“If Weiman wants to issue a cease and desist order, he doesn' t have to tell us,” he said. “Every day the business is open, he can issue a cease and desist order.”
Weiman can also issue an appearance ticket, which would require a court appearance within a certain time period, similar to a parking ticket.
“It's not an order to tell them not to sit and eat ice cream,” he said. “Weiman's responsibility is to investigate the alleged violation.”
Sikora expressed optimism about the matter.
“I think it can be worked out,” he said. “I think the applicants are intelligent people. The letters we've sent speak for themselves. These are totally different issues that are on our books that haven't been addressed by the ZBA.”
He said that Rybach & Rig could go to the ZBA for relief and ask for variances. Is he hopeful that the matter will be amicably resolved?
“Heck, yes,” Sikora said. “I'm optimistic that everything can be worked out.”
In other news:
* Dom Basile, president of the Highland Park Golf Club, was anxious to get started on building a new clubhouse, to replace the one which burned down last September.
“We're going to be asking the town board for a special meeting,” he said, noting compliance with the zoning board's fire line requirements.
Now the issue of the water line needs to be addressed. Basile said Pete Montross, planning board chairman, seemed satisfied with the water line and asked the town board for special consideration.
“We're running out of time,” he said.
“Nothing can be done until the planning board accepts or rejects the project,” said Jerrold Eades, town councilor. “We can't do anything until we get a piece of paper.”
Basile agreed to go to the planning board Thursday.
* Don Kasper also discussed his Planned Development District application status, expressing some concern about a lack of communication in Sennett as he is changing lot lines and lot sizes in his development.
“I started e-mailing letters back in February,” he said.
What exactly was expected wasn't clear to him or his architect.
“We sat down with Paul Weiman and we did make this request,” he said.
“It's in the zoning book,” Sikora said. “Don (Cheney) will show you what to do.”
* Dick Hamilton, a resident on Wegman Street, presented a petition asking for two stop signs to keep people from speeding. The board advised him that stop signs can't be used for speeding, but highway superintendent James F. Smith said they could see if a couple of message boards indicating speed could be put up to make drivers aware that they are going too fast.
Staff writer Kathleen Barran can be reached at 253-5311 ext 238 or kathleen.barran@lee.net
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