City to Require Closing of Miss Patsy's Kitchen

Patricia Hofher, the Miss Patsy of Miss Patsy's Kitchen is resigned to her fate.

"If we're handed a cease and desist by the city, we'll obey it," Hofher said as she prepared breakfast sandwiches for two customers Monday.  "We have to do what the judge ordered."

What the judge ordered is for the City of Middletown to enforce its zoning laws, and in the case of Hofher's kitchen on wheels at 980 South Main Street, the Zoning Board of Appeals (ZBA) has declared it illegal.   According to Zoning Control officer Bruce Driska, the city will pursue closure of the breakfast and lunch stand.

"We are obliged to follow the judgment issued by the court," Driska said.  "I've met with the City Attorney, and with (city planner) Bill Warner.  We want to be sure we handle it correctly."

But that's only a small part of a story which began six years ago.

Chris Parslow, who owns a house at 11 Maple Shade Road bordering the driveway where Miss Patsy's is permanently parked on a concrete stand with water and utility service, has been trying to get the city to enforce its own zoning ordinances for more than six years.  At first he was concerned solely about the noise and the additional traffic in the driveway but as the battle continued, he was even more concerned that a retail precedent would be set if the portable kitchen was allowed to stay.

"The larger concern is that it would have established retail sales on what is zoned as a residential lot," Parslow said.  "That could've opened the door to development of any kind of restaurant, store, or chain restaurant there."

In 2004, the city's zoning enforcement officer at the time ordered it closed.  David Mylchreest, who owns the property on which Miss Patsy's Kitchen rests resisted the order and sought an opinion from the ZBA.  Mylchreest insisted that retail sales had occurred on the site for years, and that the right to
pursue retail sales should continue and be extended to Miss Patsy's Kitchen.  The ZBA sided with Mylchreest, and Miss Patsy's stayed open.

But, frustrated by the ruling, Parslow pursued the case in court and the ZBA decision was overturned.  The ZBA then issued a second ruling, this time indicating that Miss Patsy's should be closed.

Mylchreest's resisted again and has brought two appeals of his claim tp court.  Over the course of those hearings  Mylchreest has argued that he moved the food vendor trailer to a part of the property from a lot which was residentially zoned to one which is commercially zoned, and that there have been food sales by local churches on the property.  In both cases the judge rejected the arguments indicating that there was no convincing evidence presented of such prior retail food sale on the property, and that zoning laws of merged property favors a more restrictive zoning, and not a more liberal zoning.

While the case has been on appeal, the city's Zoning Enforcement Officer has refused to order the closing of the food stand, but now admits that it is the city's duty to do just that.  That has been a source of frustration to Parslow who emphasized that he simply wanted the zoning laws to be followed on the property.

"They certainly now have the legal authority to do so," Parslow said.

"It's very disappointing," Hofher said.  "I understand the zoning regulations and that the judge has handed down her ruling.  But my customers are going to be disappointed."

"It's seems real nitpicky," said Miss Patsy customer Sebby Pandolfo.  "To take someone's source of employment away in these times is the wrong thing to do."

"He's the kind of neighbor who likes a conflict," Hofher said of Parslow.

"I've only had one primary complaint," Parslow said.  "I had a legitimate concern about the value of my property, and I expect the city to enforce its zoning laws."