Village ZBA Upholds Bldg. Inspector’s Opinion on Yesterdays Site Plan

By Katie Bisaro

On the eve of St. Patrick’s Day, the luck of the Irish was with John Christison, owner of Yesterdays restaurant, as the Village of Warwick Zoning Board of Appeals (ZBA) voted to uphold the Village Building Inspector’s opinion regarding an extension to the site plan approval for Christison’s new restaurant to be built at 16 Elm St.

Ongoing Dispute

In an ongoing dispute between Christison and residents on neighboring West and Van Buren Streets, led by Patrick Gallagher of West St., construction at 16 Elm St. was halted awaiting the outcome of litigation between the two parties over the project. 

According to Village Code, once site plan approval is obtained construction must begin within 12 months and, once started, must be completed within 24 months unless an extension to the approval is granted. 

Christison received site plan approval in the spring of 2018, a building permit in August 2018 and construction started that October. An Article 78 proceeding was filed by the neighboring residents opposing the approval of the site plan but was thrown out on a technicality. 

Gallagher and the residents appealed that decision and the matter sat before the Appellate Court for two years during which time the site plan approval and building permit both lapsed.

Christison went to the Village to apply for an extension to the site plan and building permits, prior to them lapsing. Village Building Inspector Boris Rudzinski responded in a letter he sent via email, stating that an extension was not necessary as the pending litigation tolled [suspended] the time pertaining to the timeframe for construction, in spite of the fact that there is no specific provision for that suspension in Village Code. 

The email of the letter from Rudzinski to Christison was also sent to Village of Warwick Mayor Michael Newhard and the Board of Trustees; Chair of the Village Planning Board James Patterson and Planning Board Members; Planning Board Attorney Robert Dickover; and Village Attorney Stephen Gaba.

Gallagher disagreed with Rudzinski’s interpretation, pointing out there was no provision in the Village Code for suspending timeframe requirements, and asked that the matter be reviewed by the ZBA.

Public Hearing Held in Feb.

At the previous ZBA meeting on Tues., Feb. 16, attorneys for both Christison and Gallagher outlined their clients’ positions during a public hearing held on the matter. The public hearing was closed and ZBA Attorney Robert Fink gave an overview of a memorandum he wrote regarding the Building Inspector’s letter. 

Fink explained at that time that he didn’t believe Rudzinski was correct in his interpretation, saying that the Building Inspector “took it upon himself to interpret the code and to allow certain things to continue.” The meeting was then adjourned to allow the ZBA members to review the attorney’s briefs as well as Fink’s memorandum on the matter.

ZBA Votes to Uphold Bldg. Inspector Opinion

On Tues., Mar. 16 the Village ZBA held a brief meeting to discuss and consider only this issue. Fink reiterated that the Building Inspector’s opinion was only pertinent to whether the ongoing litigation tolled the time that had elapsed and the need to request an extension for the site plan approval and building permit, and not the merits of the project itself.

During a brief discussion, ZBA member Scot Brown, who had reviewed all the information from the attorneys, concurred with Fink that the Building Inspector’s interpretation was incorrect.

“I believe that the Building Inspector doesn’t have the legal case to be able to toll that and extend the validity of the site plan,” Brown stated.

Brown also referred to a letter from Planning Board Attorney, Robert Dickover, that indicated that another application should be submitted to the Planning Board for revalidation as required by Village Code.

A motion was made to “uphold the opinion of the Building Inspector that litigation tolled the two-year site limitation.” A ‘no’ vote would indicate that the Building Inspector was “incorrect and that there was no tolling.”

A roll call vote was taken and the motion passed by a vote of three to two. Members Margaret Politoski, Jonathon Burley and Chairman John Graney voted to uphold the Building Inspector’s opinion; members Scot Brown and John Prego voted against. Member Dylan Gieber was absent, Fink does not have a vote. The meeting was adjourned following the vote without further discussion.

John Christison was relieved and pleased with the ZBA’s decision and plans to move forward with the construction of the new Yesterdays location. 

The Village of Warwick Zoning Board of Appeals voted to uphold the Village Building Inspector’s opinion regarding an extension to the site plan approval for John Christison’s new restaurant to be built at 16 Elm St.