Historic Zoning Commission fights another downtown business

The Historic Zoning Commission is going head-to-head with another downtown business. New York Grill?s less-than-historic wood railing caused sparks to fly at the most recent meeting.

New York Grill owner Scott Garing began the installation of what was described as a ?safety rail? along the top of his business on Main Street, but installation abruptly stopped when he realized a Certificate of Appropriateness (COA) would be needed from the historic commission.

?I didn?t change the building or structure in any way,? said Garing. ?I wasn?t aware I needed a COA to build a railing. When I realized that I did, I stopped.?

According to Garing, he isn?t opening the top of his business to patrons but he would like to have the railing installed for the safety of any workers on the roof as well as occasional family get-togethers.

As required for COA approval, pictures or sketches and what the structure will be made out of must be submitted with the COA request. None were made available.

According to Historic Guidelines, roof-top patios and gardens are allowed on the rear of the building. When making an addition to the building, which this is considered to be, materials should be similar to those used on existing structures with the same style and mass.

Currently, there are no other businesses with a pressure-treated wood railing along the top of their building.

?What do I need to do to try and make it fit into what we are trying to do downtown?? asked Garing. ?I haven?t had anyone tell me that it looks bad. I just need to know what I need to do to make it right.?

Commission member Chrissi DePiero suggested that it might be more in keeping with the guidelines if the rail were moved back away from the edge.

?We couldn?t see the street from 8 to 10 feet back,? said Garing. ?Who set the guidelines? Guidelines have black, white and gray areas. It says they recommend it in the back but it doesn?t say you can?t have them in the front.?

As pointed out by Scott Wilson, finding a gray area is an attempt to get what one wants just because they want it.

?It doesn?t sound like there is any real need for it (the railing),? said Wilson. ?It sounds like you just want it so you are trying to put it in that gray area. I think you are wrong. I think you are trying to read it in such a way …?

At that point Garing asked what his penalty would be if he continued with the railing.

?Well, we can deny the COA,? said Wilson. ?You can either take it down or we can take you to court. That is our only recourse is to take you to court.?

That response wasn?t well received with Garing accusing the city board and commission of trying to hinder already hurt businesses downtown.

?I want to know why you and the board are particularly sticking it to someone who is an investor downtown,? said Garing. ?So the next direction would be to go to court over my roof-top railing. I take this as a slap in the face and personal.?

Wilson then stated, ?I?m getting the impression that you are going to do what you want and force us to try and stop you.?

Garing denied the accusation and once again said he did not know he had to have a COA. Once he was made aware of that fact, he stopped immediately.

Because no pictures, sketches or materials were presented, the application for a COA was incomplete. The committee deferred its decision until those items could be received.

If allowed to continue construction, the railing would continue across the entire length of the front of the building.