Owner Fred Mallone says he plans to stay despite the town telling Special Magistrate Judge John Laningham this week that the “structures have to be removed fully from the property.” Mallone’s Temporary Use Permit to operate on the late Brad Benson’s property expired on September 23rd and the town is not issuing any new Temporary Use Permits.
Mallone cannot have anything on the property that is not compliant with FEMA’s new rules and the town’s floodplain regulations. A structure that can be removed using a light duty truck would be in compliance. Judge Laningham gave Mallone until October 19th to remove any non-compliant structures or face daily fines of $250. Mallone said will be removing all non-compliant structures by the deadline.
Mallone also said he’s ordered a new trailer which “is now in permitting,” and he’s applied for an extension to his Temporary Use Permit. The town has yet to approve his expension and this is where it may get interesting. Does a new (bar) trailer mean Mallone would need to apply for a new Temporary Use Permit, which the town is not accepting? Would this be included in Mallone’s Temporary Use Permit extension application? Or, would this automatically qualify because previous to Hurricane Ian the property was a restaurant/bar and it’s properly zoned for this type of use…