SENNETT - The conflict between the owners of Bonca's restaurant and the town of Sennett over zoning law interpretations is a little closer to being resolved.

The Sennett Zoning Board of Appeals met Tuesday night to consider a new appeal to code enforcement officer Paul E. Weiman Jr.'s list of violations of the town's zoning ordinance by RyBach and Rig LLC.

ZBA chairman James Lent spoke to the audience of about 30 residents to clarify the proceedings.

“As a point of clarification,” Lent said, “Mr. Weiman has made several determinations that are proper and correct under the laws of New York state. Right now there are gray areas where both parties consider their positions correct. The board may affirm or reverse in whole or in part any of these determinations.”

Lent also said no decisions would be made Tuesday evening.

As the proceedings continued, Lent and ZBA attorney John Langey were able to deflect some of the issues as resolvable between code enforcement and RyBach and Rig.

Weiman was directed to look over new surveys and consider new information presented and discuss it with Scott Chatfield, attorney for RyBach and Rig.

The appeal resulted from a building inspection for a certificate of occupancy of the the former Pioneer Restaurant building, now renovated and renamed Bonca's. The restaurant is in an R-1 zone and was required to follow town zoning laws for a non-conforming use.

Weiman sent a letter to the owners denying the C.O., listing specific building and zoning code violations. He encouraged the owners to remedy the remaining problems.

Instead, Bonca's opened to sell ice cream on July 12 without a certificate of occupancy and filed an appeal of Weiman's determinations.

They worked to remedy most of the building code violations, but apparent zoning violations remained. In the meantime, on July 17 they were issued cease and desist orders and an order to remedy violations.

Lent invited the public to voice their concerns.

“I live directly behind Bonca's,” said John Bergan of Barrington Avenue. “What they have done is a welcome relief to me. I think it's very nice. I'm happy with it.”

“I'm done paying for legal fees for this mess,” Kathy Layton of Pine Ridge Road added, referring to the money being spent on attorneys by the town. “What's going on in this town ... has got to stop.”

A previous ZBA decision on March 25 indicated there was no legal reason to prevent the restaurant from adding an outdoor dining area and a drive-through window, previously challenged by Weiman. The town then filed a lawsuit against its own ZBA, which was heard in the state Supreme Court of Cayuga County.

Judge Thomas Leone found the ZBA had acted lawfully and advised the adversaries to resolve their differences. Lawyers for both sides agreed to work together.

But Weiman's inspection for the certificate of occupancy resulted in a number of new issues being raised. He said Bonca's was in violation by increasing the area of the business beyond limits allowed by adding a drive-through lane, a ramp and outdoor second story access.

Weiman noted that use of the second floor of the building is restricted to being a residence or dead space, but the business was using it for storage.

A certificate of occupancy may be issued separately for the rest of the building.

Co-owner Greg Rigby agreed that right now the business wouldn't use the second floor but could apply later for a certificate of occupancy depending on how they might plan to use it.

The design of the parking lot and the dimensions of parking spaces was another area in violation. But Bonca's maintained they had the required total space for the required number of vehicles, although the lines for the parking spots were smaller than the town's interpretation.

“The code does not require parking spaces be striped or even blacktopped,” Chatfield said. “Nothing in this code says it has to be 10 feet by 20 feet. It says 200 square feet in the parking lot. We've gone all over town looking at parking spaces. None are 10 feet by 20 feet. They vary all over.”

He maintained that Bonca's didn't need a variance on that issue.

The number of parking spots also relates to how many full-time employees the restaurant would have when fully operational. Rigby said there would be three, possibly four full-time employees, but most likely two at the beginning. Most of the employees now are part-time, with one full-time. This put the parking lot spots, 56, within the number required by the ordinance, 59.

The problem with setbacks in a residential zone was addressed. Weiman noted that the setback was 35 feet, but Bonca's was 32 feet from the right of way. Chatfield referred to an Aug. 1 survey that RyBach and Rig had done. The surveyor located all points where the patio and staircases were located, and most fell just a little more than 34 feet with a couple within the required setback area.

“We had the surveyor show where the former porch (of the Pioneer) was, 24 feet 4 inches, and from one perspective we've decreased the encroachment to 31 feet, 8 inches as our maximum encroachment,” Chatfield said.

He wanted to know from what point of view to decide whether or not they had to request an area variance - from the original footprint of the building or the setback structure.

“To the extent that the board believes that an area variance is needed, we would like to make application for a variance,” Chatfield said.

But some major issues still need to be resolved.

The biggest sticking point is the concept of vested right and whether or not the RyBach and Rig had the right to complete their building without adhering to new zoning laws passed after the project started but before its completion.

If they have vested rights, then many of the violations listed aren't violations. If they don't, they will have to apply for variances and possibly site plan review.

Another ZBA meeting will e held at 7 p.m., Aug. 26.

Staff writer Kathleen Barran can be reached at 253-5311 or kathleen.barran@lee.net