Arrest sparks questions about site plan law
Business owner baffled over citation
The Daily Mail
Sept. 15, 2009

CAIRO — Cairo business owner Joanne Lettieri was arrested by Cairo police outside her Main Street resale shop in August.

The building at 465 Main St. was a restaurant before it was acquired by Lettieri and turned into McBride’s Resale Shop nine years ago. The building is approved for use as a restaurant and cannot be used for retail purposes without a review by the Town Planning Board in accordance with the Town’s Site Plan Review Law.

Lettieri, who is a substitute teacher, was brought to the police station at Angelo Canna Park in front of a practicing school football team.

“I have never been more humiliated in my entire life,” she said. “If that was their intent, they succeeded.”

The incident occurred Aug. 19.

According to the site plan review law, which was adopted last year, a change of use requires review by the Planning Board if a property other than a single or two-family residence undergoes modifications to its parking area, impervious surface area, signage, exterior lighting, facade or size.

Lettieri said she has not made those modifications and does not need to undergo the review.

But Cairo Code Enforcement Officer Stacy Sprague and Planning Board Chairman Daniel Benoit had informed Lettieri that complaints had been made about the use of the building as a store rather than as a restaurant before the Aug. 19 incident.

Lettieri said she had been told the change of use required review from the Planning Board.

Benoit said Lettieri was told in early August that she needed to fill out a Site Plan Review application and appear in front of the Planning Board.

On Aug. 19, Lettieri said Sprague and Cairo Chief of Police Chris Sprague, who, according to Lettieri, was not in uniform at the time, visited the store again. Lettieri said she was given a letter indicating she was in violation of the town’s law. A sign notifying Cairo that the business was not in compliance with the law that effectively closed the business was placed on the store’s window.

The Lettieris visited the Code Enforcement Office later that day and maintained that they were not in violation of the law. Joanne Lettieri reminded Stacy Sprague that the business had been open for several years without incident.

She questioned how existing businesses should operate under the new law.

“We have been doing this since before their law went into effect, just like every other business on Main Street who did not have to appear before the Planning Board,” she said.

Lettieri said Stacy Sprague explained that the Planning Board had received a complaint about the store and she was following proper procedure. Lettieri said Stacy Sprague warned her that she would be arrested if the store reopened.

Lettieri said her husband Michael told Stacy Sprague he was going to open the door, anyway, and police could come and arrest him.

Later that day, the Lettieris did open the door to the store and Stacy Sprague called Cairo Police. Chief Sprague, again, not in uniform, according to Lettieri, and another officer responded to the call.

Lettieri said her husband and Chief Sprague spoke while she went to her car.

Joanne Lettieri said the uniformed officer asked her to get out of the car. When she complied, she was handcuffed as the owner of a business in violation of the law and the order to close the store.

Lettieri said she would have followed the officer to the police station if asked. But police said she resisted the arrest to an extent.

“They didn’t have to put me in handcuffs,” she said.

Chief Sprague said Friday he could not comment on the incident because the case was still open.

Lettieri made an appearance in front of Justice Thomas Baldwin in Town Court Aug. 25 and has a second appearance date Sept. 22.

The Lettieris also appeared before the Planning Board hoping the board would admit its error.

Planning Board Chairman Daniel Benoit said that the Lettieris had not filled out an application for Site Plan Review and without an application the board could not consider the usage issue. He said he told the Lettieris to fill out an application so the Planning Board would have jurisdiction over the issue.

“I feel sympathy for them, but if they are not willing to participate in the process even by filing even simple application paperwork we can’t proceed forward,” Benoit said.

Joanne Lettieri said the question of whether the usage should fall under the previsions of the old Site Plan Review Law was raised at the meeting.

Again, she said, other Cairo businesses may also be subject to the review process.

“If they have to see if we’re violating to old Site Plan Law, they have to see if everybody is violating the old Site Plan Law and of course they’re not going to do that,” she said.

Cairo Town Supervisor John Coyne spoke for his code enforcement officer, saying Sprague had visited the store and followed up with complaints filed with the Town.

The Site Plan Review Law allows the town building inspector to order an appearance ticket to be served on alleged violators.

Coyne said he did not know of anyone being arrested for violating the Site Plan Review Law and the situation had gone to an extreme.

The Lettieris have closed their store and sold their merchandise at a yard sale last weekend. They have not filed an application under the Site Plan Review Law, and maintain it is not necessary.

Michael Lettieri said his wife was not guilty of opening the store after being advised to keep it closed. After all, he said, he had told police that he was going to open the door.

“Joanne’s only crime that day was that she was married to me,” he said.