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General News: Business Owner Seeks to Overturn ZBA Ruling

Attorney Michael O'Connor argued Missere's case to the ZBA earlier this year.
Attorney Michael O'Connor argued Missere's case to the ZBA earlier this year.
July 02, 2008

Local business owner Tony Missere is going to court to try to reverse actions by the Cornwrd of Apall-on-Hudson Zoning Boapeals that impact his property on River Avenue.

Last week, Missere served the village of Cornwall-on-Hudson with legal documents, filed under Article 78, asking the Orange County Supreme Court to overturn three decisions by the ZBA.

The first two decisions affect Missere’s plans to expand his River Bank Restaurant into an adjoining building at 7-9 River Avenue. The board ruled earlier this year that the property sits outside the village’s central business district, despite a letter written by former building inspector Bob Gilmore that stated it was inside the district. Missere also objects to a map adopted by the ZBA that it used as a basis for its ruling on the property location.

The other issue that Missere wants to overturn is the ZBA’s approval of the current Certificate of Occupancy granted to Storm King Associates, owner of the Storm King Theatre. Missere charges that the certificate of occupancy granted to a new restaurant, Drew’s on the Square, is invalid because a site plan was never submitted when a C-of-O for a restaurant was first approved in 1998. The Storm King property abuts Missere’s restaurant.

A judge is being asked to rule on both of these appeals. The first case, involving the boundaries of the central business district, is scheduled to be heard on July 14th. The second case is scheduled for July 21st.




Comments:

jeez, just take your ball and go home.


posted by kate benson on 07/03/08 at 12:10 AM

I don't know too much about Mr. Missere. He has a very nice restaurant but he seems to not be satisfied with just that. I get the impression that he is a business man who wants to put everyone else out of business except for himself. Others have told me that he speaks negitivley about all the other bars/restaurants in the area. I hope that is not the case. Live and let live.....


posted by J. McKeever on 07/03/08 at 12:37 AM

Most businesses, particularly restaurants, benefit by having a 'critical mass" of choices in the area. The irony here is that the River Bank and whatever restaurant occupies the Storm King Theater would help each other simply because they would draw more people collectively than either alone. They should stop squabbling!


posted by jackie on 07/03/08 at 6:01 AM

Kate, aren't you right!! Tony should take his ball and go home. I find it incredible that Tony Missere keeps this going on and on at the taxpayers expense, and our village boards time. Unfortunately, the owner of Drew's on the Square have nothing to do with this (they only rent the space)......this is between Mr. Missere and Mr. Yannone (who owns the Storm King Theatre building). Tony's gripe is with Ray Yannone, and the Zoning Board not allowing him to expand his restaurant outside the area allowed by the zoning law. I too have grown up in this Village and the Storm King Theatre building was always a bar/grille, or bar/restaurant & movie theatre or auction house. Now, because it doesn't suit Tony Missere, things should change? I agree with the comment regarding each restaurant helping each other....but I don't think Tony Missere gets that point. Maybe he should have explored other places before renovating the former Village Office/Police Department and turning it into a very nice restaurant. Freedom of Speech, you're right, LIVE AND LET LIVE.


posted by whstle4me on 07/03/08 at 4:49 PM

ok... food for thought,(1)figure out all the businesses that have occupied the building next to the river bank then find a reason why they cannot expand (2) "they only rent the space", google andy doehla and do some research, i think that what you find will be interesting, (3) only partly related to #2, find out exactly why nicky is no longer at the storm king theater, (4) find out why the river bank is having so many zoning problems. the list can go on and on.
it is always amazing how quickly we forget, how easily the wool is pulled over our eyes, and how common sense never even makes it into the equation.


posted by carphappy on 07/03/08 at 5:19 PM

Anyone else notice that this story was, and maybe still has, been REMOVED from the main page??? I smell a rat here.....


posted by J. McKeever on 07/04/08 at 2:06 AM

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