The hearing on Zoning Board of Appeals matter concerning a food vending trailer (Miss Patsy's) on 908 South Main Street has been postponed until the April 2nd meeting.
The other item on the public hearing agenda, a variance in required lot size for 66 Durant Terrrace will be considered at the meeting tonight.
The ZBA was scheduled to continue the hearing on the food vending trailer that was interrupted when they lost quorum at their last meeting. Board member Martin Reardon left that meeting abruptly in the middle of the meeting, after testimony was given, to attend to a "family emergency." That hearing was regarding a ruling by the Zoning Enforcement Officer on the legality of Miss Patsy's Hot Dog stand. He ruled that the stand was a permitted use on a residential lot at the corner of Randolph Road and South Main. This ruling has been challenged by nearby resident Christopher Parslow.
According to Bill Warner, Director of the Department of Planning, Conservation and Development, Vice Chair Judy Pehota is not available for tonight's, and only five other members can attend. Pehota sat through the original testimony during the last meeting. Four votes are needed to overturn any standing decision. In addition, Warner noted that members who had not heard the original testimony have not yet reviewed the DVD of the meeting, and that they needed the time between now, and the next meeting to review the video of the meeting.
Attorney Bennett, who is representing Christopher Parslow, the resident appealing the original Miss Patsy's ruling, says it is only proper that the original four members who heard the testimony are there for the ruling, or that members who were absent review the testimony as recorded.
"They are an appellate body," Bennett said in a telephone interview. "And this is a legal appeal, so it is only right that all members have carefully reviewed the testimony before issuing a decision."
3 comments:
This is a great little food vendor - much more that the hot dog wagon moniker it has been given. Her food is great. The space and landscaping is kept up very nicely.
The vendor was given permission to do business there. I just do not understand why (because of one persons complaints) that we are spending so much time on this.
The town of Middletown has much more important items to tend to!
perhaps they all ran off in the hopes that the TV broadcasts will discontinue??
Then they can issue another one in their long line of zoning law waivers in secrecy.
I would ask the first writer, 'Anonymous @8:39', to specify precisely which items are more important for Middletown to attend to than the protection of the rights of the tax-paying homeowner; to the compliance with its own zoning regulations; or, for that matter, to the compliance with superiour court decisions? The town of Middletown WILL have another issue to attend to should it fail to abide by the decision of the courts, namely, another expensive lawsuit, and that is something that we, the taxpayer, will have to pay for.
This is not a discussion about the quality of food served. It is about zoning and the right of the tax-paying citizen before the law.
Post a Comment