Bar Veloce must remain closed after the Town of Tusten Zoning Board of Appeals rejected an effort Monday by the owner to overturn the shutdown of the Narrowsburg business tied to fire and building code violations, according to reporting from The River Reporter.
Code Enforcement Officer Jim Crowley revoked the bar’s certificate of occupancy on August 28, stating that the business could not legally allow people inside until safety concerns were addressed.
The notice said, “You cannot open this eating and drinking establishment known as Bar Veloce until fire and building code issues are addressed as per Section 107 on safe structures and equipment of the New York State property maintenance codes.”
Earlier that same week, the town received notice that an engineering report submitted in support of the bar’s rooftop deck had been forged.
Appeal Must Go to State Regulators
Bar Veloce’s attorney argued the closure was flawed because it came without an inspection.“His basis for revoking the C.O. was this claim that there was imminent danger to the premises,” the attorney said. “It’s beyond my understanding how he could have made that determination without having conducted an inspection of the premises.”
The ZBA ruled that because the action was based on New York State fire and building code, it cannot intervene.
Board members told representatives of the business, “You can make that argument, but you can’t make that argument to us,” according to a report from the River Reporter’s Liam Mayo.
After the meeting, the bar’s attorney told Mayo the zoning board was only the “first stop” in the appeals process and said they “are going to keep fighting this and will take it to court if necessary.”
Rooftop Deck Requires Separate Review
Even if the ground floor is allowed to reopen, the rooftop deck will remain closed. The town planning board separately rescinded its previous approval after learning of the forged document. Mayo said the business would need to reapply for that permit if it wants the upper level back in use.
Ongoing Dispute With Neighboring Business
The bar has faced years of opposition from neighboring Narrowsburg Union, which has raised issues including parking and code compliance. Mayo said the dispute has often turned on “technicalities, like jurisdictional issues and timings of disputes.”
He noted some residents argue small businesses need flexibility. The town’s code officer has previously said, “If he strictly enforced every regulation in the book, everyone would be in violation of property maintenance, everyone, including myself.”
Image: Bar Veloce in Narrowsburg, NY. (Credit: The River Reporter)