Ligonier Borough’s zoning hearing board has rescinded an occupancy permit for a unique outdoor pavilion built last fall to host events near the historic Diamond.
But in a legal notice published in the Tribune-Review this week, owners of Thistledown at Seger House, a nine-room boutique hotel on West Main Street, declared the zoning board’s decision to rescind the permit invalid based on technical flaws.
Thistledown’s owners can continue to host events in the 2,100-square-foot European-style pavilion without being fined while their appeal is pending in Westmoreland County Common Pleas Court, according to Ligonier Borough solicitor Mark Sorice.
“It’s a legal maneuver they were required to take that says they were not satisfied the (zoning board’s ruling) was within the limits of the planning code,” Sorice said.
Thistledown has hosted events since October, after initially receiving a permit from the borough. Owner Adam Gardner Thursday referred all questions to his lawyer, who did not respond to requests for comment.
Neighbors represented by Jeannette lawyer Gary Falatovich challenged the hotel’s occupancy permit for the pavilion, claiming it violated the borough’s zoning ordinance. They argued Laurel Municipal Inspection Agency, the borough’s private code enforcement officer, improperly issued the occupancy permit for the pavilion. Falatovich could not be reached for comment.
Lee Demosky, solicitor for the borough’s zoning appeals board, said a public hearing was held in January. The board announced its decision to revoke the occupancy permit April 21 and will file a written explanation with the borough no later than next week.
Demosky declined to discuss specifics of the ruling.
Sorice suggested the borough has concerns about noise levels generated at the pavilion and that it potentially violates sections of Ligonier’s zoning codes regarding parking and sewage.
“We will likely intervene in this matter on behalf of the borough and the objectors (neighbors). The borough is also concerned about how it will affect the neighborhood,” he said.
Gardner told TribLive last fall that the pavilion, built next to a century-old renovated former coal baron mansion, can accommodate events with up to about 120 guests.
It features wood trim and a canvas shell that can be enclosed in the winter and exposed to the elements in the summer. Gardner said last year the pavilion was the third of its kind to be built in the U.S.
“I want to invest in this town, and I want people to come here. I hope people like it and want to come to town. We’re doing it nice and clean and certainly respectful,” Gardner continued.