Dick Anagnost and Stefan Huba want to turn the former Tiney’s Grocery into a restaurant with table games and electronic machines
Developers hoping to open a charitable gaming facility in Conway Village have filed suit against the town in Superior Court due to the town’s past attempts to thwart the project.
However, they are still seeking planning board site plan approval for the project.
Dick Anagnost of Bedford and business partner Stefan Huba, doing business as Conway Poker Room, want to turn the former Tiney’s Grocery in Conway into a restaurant with table games and electronic machines, to be called Revo.
While the project seems to be marching forward, albeit slowly, Tiffany Eddy, a spokeswoman for Anagnost, said the developers felt they needed to go to court as well.
“This is standard practice,” said Eddy in an email Tuesday. “We are pursuing site plan approval but also preserving our rights and needed to file in court within a certain deadline.”
Town Manager John Eastman told the Sun Tuesday, “The town will not be commenting on any pending litigation.” He added: “I know you have to ask.”
The case is called Conway Poker Room LLC v. Town of Conway. It doesn’t appear a judge has been assigned to the case yet. However, Superior Court Judge Mark Attorri generally sits on Carroll County cases.
The lawsuit was filed Nov. 14, a day after Town Planner Ryan O’Connor issued a decision that the project could proceed to site plan review, possibly as soon as next month.
In addition to asking the court to force the town to approve the project, the developers are also asking for a jury trial in which they can seek damages and attorneys’ fees.
The lawsuit was filed by the casino’s attorney, John Cronin of Cronin, Bisson & Zalinsky PC in Manchester.
Clerk of Court Abigail Albee issued a summons order Nov. 25 that says Conway Poker Room must summons the town by Jan. 9 and provide proof of service by Jan. 30.
The town has 30 days to respond.
The lawsuit says Deputy Town Manager Paul DegliAngeli’s denial in June of the commercial amusement permit application was based on “speculative intent of drafters.”
This apparently refers to statements made by town officials, like O’Connor, regarding the intent of the town ordinance’s definition of commercial amusement.
In September, O’Connor said the commercial amusement definition was created in the mid-1990s to address things like arcades and indoor water parks.
This fall, the zoning board of adjustment upheld DegliAngeli’s denial and then declined to rehear the issue.
The lawsuit states that “the decision was illegal and unreasonable.”
Cronin also makes an estoppel claim. Estoppel is the principle that prevents a person, or in this case the town government, from contradicting a past action. Cronin says the developers relied on a permit that a previous town planner issued to start the $500,000 worth of construction.
Further, Cronin makes a claim of inverse condemnation against the town, meaning that the town’s refusal to let the project move forward is akin to a land taking without compensation.
The developers refiled their zoning permit application on Oct. 5 this time, calling the casino’s proposed land use a “restaurant with charitable gaming.”
On Nov. 13, O’Connor issued a decision stating that this use was allowed and the project could move on to site plan review in front of the planning board.
The developers sued Conway in Carroll County Superior the very next day.
Meanwhile, their site plan application was received by the town Nov. 21. It was put together by Brian Pratt, senior project manager for Fuss & O’Neil, an engineering firm with locations all over New England.
The application says for converting 11,800 square feet of a former grocery store into a “153-seat restaurant/bar with charitable gaming.
“The plan will enhance public safety and community well-being,” said Pratt. “Situated as part of the gateway to the town, these enhancements will notably elevate its position, contributing to a safer and more vibrant gateway to the community.”
“Historically there has been 120 parking spaces a the site but based on current uses in the site and the town’s ordinances 233 spaces are required. By making parking spaces parallel to the to the building rather than perpendicular, 89 spaces can be added bringing the total to 209.
“Because of the significant increase in parking, the parking deficit per the town ordinance is decreased to 26 spaces, a significant improvement over the existing condition,” said Pratt.
The site will also become more green. Twenty trees will be planted and “green space will be increased from 5 percent to 13.8 percent.”
Pratt says the developers have worked to address concerns from an abutter on East Side Road. This appears to be a reference to Becky Mulkern who appealed to the Zoning Board after the project was given the building permit that has since been pulled.
Shawn Bergeron of Bergeron Technical Services, who represents Mulkern in the appeal, said Anagnost has been amenable to Mulkern’s requests.
“Becky had the opportunity to work with Mr. Anagnost and frankly, he really he stepped up to the plate and offered to her many improvements on the site that will at least improve things from her front window,” said Bergeron.
“If you asked me has he (Anagnost) been a good neighbor to her so far? So far, yes,” he said.
Pratt said he hopes the planning board can discuss the application on Dec. 14.
If the application passes muster with the planning board, then the developers’ next step would be to seek a building permit.
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