The West Marlborough Zoning Hearing Board heard the tortuous (if not torturous) case, which stretched over hours of testimony and cost the township taxpayers almost $50,000 in legal fees.
On July 6, after reviewing all the testimony, the zoning board ruled that the Whip does NOT have permission to use the house next door for storage and business purposes. Although it was formerly used by the Country Deli, the Whip's predecessor, that "permissible nonconforming" use was "abandoned" for three years, from May 1, 1999, to May 1, 2002, which means it's no longer allowed.
J. Clayton Bright, who chairs the zoning board, said the decision "pained us" but "we have to uphold the ordinance." He stated that the Whip's owners are welcome to apply for a variance to use the neighboring house once again.
I chatted with K.C. Kulp, one of the owners, when I had lunch at the Whip on July 8. He said it's business as usual for the tavern; for now, they plan to rent some portable storage units instead of using the space next door.
Where will the storage units go? In the parking lot, taking up limited parking spaces, which means more people will park illegally on the road.
Which was one of the neighbors' complaints in the first place.