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Restaurant told to give site plan

| Thursday, Dec. 9, 2004

The Monroeville Zoning Hearing Board has overruled a decision by Shelly Kaltenbaugh, the municipality's zoning officer, and is requiring owners of a Northern Pike restaurant to file with the municipality a site plan for an addition to the business.

The decision comes about two years after Moy's Cove built a deck and patio, about 500 square feet, onto the back of the restaurant. The appeal was prompted by the owners of the Gene H. Corl Funeral Chapel Inc., located next door to Moy's Cove, who are upset that the restaurant was not required to file a site plan before building the addition.

Moy's Cove did have a building permit to do the work.

Kaltenbaugh, as the zoning officer, has the discretion whether to require a site plan. Kaltenbaugh testified during an October hearing on the issue that the addition was an "accessory structure" that was incidental to the primary use.

The zoning hearing board, in its decision, said the addition is not a subordinate structure to the main structure "but rather is an integral portion of the main structure," and a site plan is required.

The site plan would be reviewed by Monroeville's planning department, which would forward it on to the municipality's planning commission. The commission would recommend approval or denial of the plan and forward it to council for a decision.

The site plan review will include factors such as parking and storm water management, officials said.

"The zoning hearing board said there needs to be improvements in the procedures (in the planning and zoning department)," said Robert Wratcher, zoning hearing board solicitor. "There needs to be more uniformity. They need to follow the road, not make a new road."

Kaltenbaugh had no comment on the decision. She said the site plan application would cost Moy's Cove between $5,000 and $10,000.

The zoning hearing board also ruled that the principal use of the Moy property is that of a restaurant/bar use that is a permitted use. The Corls contend that entertainment at Moy's Cove should not be permitted.

Wratcher said Monroeville, the Moys and the Corls have 30 days from Dec. 1 -- the date of the decision -- to appeal the zoning hearing board's decision to county Common Pleas Court.

Kelly Moy, one of the restaurant's owners, said the family is considering appealing the decision.

Cheryl Atticks, daughter of the Corls, said her family hasn't decided if they will appeal the decision.

Atticks said her family has called the police on numerous occasions about noise from the entertainment at Moy's Cove.

"The noise escapes the building from the new addition," Atticks said. "They misuse the patio putting speakers outside."

Atticks cited a recent incident in which her family heard shots fired, and eight shell casings were found in the Moy's Cove parking lot.

Monroeville police Lt. David Palermo said the incident around 3 a.m. on Nov. 18 is under investigation. No one has been arrested.

Palermo said police respond to the calls of noise complaints and Moy's Cove "cooperates and closes the doors."

"It is not a nuisance bar," Palermo said.

Moy said the Corls' complaints constitute harassment.

Moy said the restaurant tries to be a good neighbor. She said bands do not begin playing until 9 or 9:30 p.m. after viewings at the funeral home have concluded.

And the municipality conducted sound tests that showed no violations.

"We are trying to make the community better," Moy said.

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