The application by 1103 Route 35 LLC sought to appeal the zoning officer’s denial of a permit, arguing that the gentleman’s club was a pre-existing non-conforming use that had not been abandoned. The representative for the applicant, Rick Broaddsky, emphasized that the club had been in operation since the early 1990s and had maintained all necessary licenses, including liquor and food permits. The appeal hinged on whether the club’s use had been abandoned, which would require evidence of both intent and an overt action to abandon.

Broaddsky argued that the business, though scaled back to hosting private parties rather than daily operations, had never ceased to operate. This position was supported by evidence of continued liquor purchases and adherence to operational regulations. The zoning officer had previously determined a lack of income and activity, suggesting potential abandonment, especially after a failed application for residential development on the site. However, Broaddsky contended that these activities were business decisions, not indicators of abandonment, and highlighted that the law protects pre-existing non-conforming uses unless clear abandonment is proven.

The board deliberated on the evidence, including testimony from Mr. Spolero, the previous owner, who confirmed ongoing operations under a modified structure. Documents such as liquor invoices and tax returns were presented to substantiate claims of continued operation. The board also considered testimony from a realtor, Mr. Gillis, who had marketed the property and confirmed it was maintained as a gentleman’s club available for private events.

Despite initial concerns regarding the absence of alcohol purchases during certain periods, the board recognized the evidence of reduced operations rather than complete cessation. After reviewing the legal criteria for abandonment and the presented documentation, the board members voted to overturn the zoning officer’s decision, allowing the applicant to proceed with acquiring a certificate of occupancy under the pre-existing use.

Another topic addressed was the proposal for a residential property on Tytown Road, involving plans for renovations and construction of a new pole barn. The applicant required variances for setbacks and building size due to prior subdivisions. The board approved the variances, emphasizing the need for the applicant to maintain good relations with neighbors and comply with zoning regulations regarding vehicle storage and structure height.

The meeting also addressed applications for residential improvements. Nancy Low sought to replace a deteriorating deck and construct a sunroom at her property on Schindler Drive North. The board approved the necessary rear yard setback variance, with considerations given to the condition of the existing deck and the applicant’s compliance with homeowners association guidelines.