Postpone that hot dog!

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."

Hot dogs, interrupted

Parslow looks on from front row as
Attorney Bennet presents history
of Miss Patsy's stand

The Zoning Board of Appeals failed to maintain quorum at their monthly meeting, forcing the tabling of a hearing on the status of a Miss Patsy's Hot Dog stand at the corner of South Main and Randolph Road. Board members Judy Pehota, Linda Reil, Martin Reardon, and alternate Robert Stefurak were present at the beginning of the meeting, the minimum number necessary to hold a meeting. Judy Pehota chaired the meeting in the absence of Annabel Resnisky, who Pehota said is away in Florida. Alternates Joseph DeFrancesco and Evelyn Russo were also unable to attend.

In November of 2008, the zoning enforcement officer ruled that Miss Patsy's is allowed to operate on a lot in a residential zone because there was a previous approved non-conforming use on that lot. Christopher Parslow, who lives on a neighboring lot, is appealing this ruling to the ZBA. Tonight, several dozen members of the public had come to show their support and possibly speak on behalf of Mr. Parslow or Miss Patsy.

The meeting began with an hour long presentation on the history and the law relating to the property by Mr. Parslow's attorney, John Bennett. However, when Attorney Bennett finished his presentation, Chair Pehota called an unexpected recess. She then informed the assembled public that the meeting would have to be adjourned because one of the commissioners had been called away on an emergency.

The case of the hot dog stand will continue at the March 5th ZBA meeting.

Another hot dog stand, in South Florida.

Rite Aid sign exception

Was approved by the ZBA Thursday evening (and I use that term loosely for the public meeting held inconveniently at the end of the work day, and the middle of supper at 5:30 pm). The board voted to allow another exception for the Rite Aid development. The original exception was for a drive-thru window (formerly forbidden by regulation on Main Street), and the necessary grading and tall retaining wall on Union Street necessary for the window to be at Main Street level. The Rite Aid development may now place 11 signs (two freestanding), on and near their development, when zoning code allows six.