Saying he was fighting to just survive, Glenmont Alteri’s owner Harvey Quinn went to trial over what he called unjust regulations preventing him from having a banner at his business. If he lost the case, he said, he could be facing six months to a year-and-a-half in jail.
Although he could still lose the case, which is currently under litigation, the maximum jail penalty has been lowered to 15 days. However, Quinn retained Albany attorney William Ryan, who had conference with the town justice and a town attorney and got a `concession on record of the court,` that Quinn will receive no jail time.
As a result of the case, the town board voted unanimously during its meeting Wednesday, June 11, to amend the fees portion of Section 128 of the Bethlehem zoning code and reduce its maximum penalty from six months in jail to 15 days in jail and/or a $350 fine per violation.
The reason the town decided to change the code, according to Town Attorney James Potter, is because Quinn’s trial brought the stiff penalty to light.
`There is one current enforcement proceeding that brought it to our attention, and based on that, we thought it was too severe,` Potter told the Town Board after Councilman Mark Hennessey asked about the change.
After the meeting, Potter confirmed to Spotlight Newspapers that the `enforcement proceeding` was Quinn’s current zoning trial.
`You want your zoning [code] to have teeth,` Potter said, `but ours takes a bite out.`
Continuing, Potter said the town has determined that the six-month jail sentence as `severe and beyond what the town ever wants to see,` but added that the 15-day jail sentence counts `per violation,` and that successive sentences could be tacked on for multiple violations.
Potter is not trying Quinn’s case on behalf of the town; Assistant Town Attorney Andrew Kirby is handling prosecution.
The matter began last year when Quinn put up two banners underneath his permanent restaurant sign on Route 9W in Glenmont. He was advertising a lunch buffet special in order to draw larger lunch crowds away from nearby national chain competitors.
Quinn said it worked, but was told by the town’s chief building inspector Gil Boucher to take it down. When he refused, he was cited for violating town code and forced to take the banners down.
He originally applied for a sign variance for the banners, according to the zoning board of appeals administrative assistant Nanci Moquin, but was denied because he did not provide evidence that he was losing business.
Quinn contends he is being singled out by Boucher and would have been denied the variance with financial records or not, and that at the time he was asked for records, the previous restaurant owner had just died.
Quinn asked for a jury trial and went to town court on Wednesday, May 14, for his violation of the town’s zoning code, but Town Justice Paul Dwyer denied Quinn a jury and heard the case himself, according to Quinn.
Dwyer is expected to make a decision on the case in early July.
The town has repeatedly said Quinn was given several opportunities to clear up the matter. Officials said banners are illegal in town without a variance, and Quinn was cited for being in violation, adding that he was never arrested and is not being targeted.
Quinn, however, said he is convinced Boucher is unfairly attacking him and he said there are numerous illegal banners throughout town that go unchecked. He claims local and independent businesses are put to a different standard than the national chains popping up along 9W.
Boucher has not responded to repeated inquiries on the matter but did appear in court in May on behalf of the town.
Supervisor Jack Cunningham said the local law to change the zoning code would go into effect as soon as the paperwork is filed with the state.
Cunningham said town justices will have discretion in the sentencing of such cases and could impose both a fine and a jail sentence or successive sentences.
However, Cunningham pointed out that code violation trials are `extraordinarily uncommon.`
Quinn said he remains confident that he will win his trial, and although he originally sought to represent himself, his case was referred to Ryan.
`Harvey was representing himself and he had wanted a jury trial because he thought there would be jail time involved,` Ryan said. `This is just a violation, not a crime.`
Ryan said whatever the town justice decides; Quinn will be facing a fine at most.“
