OBSERVER Photo by J.M. Lesinski Pictured is banquet hall/wedding venue the Red House, located at 91 Frisbee Road in Cassadaga.

CASSADAGA — Following the April zoning board meeting on the Red House, the room at the village board meeting two days later was tense and rife with conflict over the hot-button locale.

Steve and Nancy Wickmark, co-owners of the Red House, were in attendance at the meeting, and commented on the newest allegations made against ZBA members. “There was a meeting of the ZBA on Monday,” Steve Wickmark stated, “at which time, there were some allegations made regarding the integrity of some of the ZBA members as it related to some purported relationship with us.”

Wickmark went on to say, “if there’s going to be any action regarding that, we want to make sure that the appropriate people hear our perspective on that because it was completely inappropriate, offensive. Impugning the integrity of people on that board is just completely unwarranted and we’re upset by it.”

Village Attorney Joe Calimeri would later comment on the same meeting during his statements. “I appeared on behalf of the village to provide representation at the ZBA meeting on Monday,” Calimeri said. “At that time, with those that were in attendance, I did share with them that I was provided with a courtesy copy of another lawsuit filed by the Wilcoxs, with respect to the ongoing special use permit application.”

Up until this meeting, the prosecuting party, Barry and Gayle Wilcox, were never specifically mentioned by name. Calimeri added, “In short, it’s contesting the 507 interpretation hearing that was conducted March 14. I’ll get more information on that as soon as we’re officially served.”

Following the confirmation of yet another Red House lawsuit, things continued to get heated as Mayor MaryJo Bauer introduced a possible replacement for zoning board member Chris Mackrell. “Sad to say that Chris Mackrell, although he still owns property in the village, will not be able to fly back from Boston or keep that much apprised,” Bauer said of Mackrell’s situation. “So I am replacing him on the zoning board.”

Bauer reiterated that those on the board need to live in the village to serve on the board, then presented Mason Riggle, the replacing agent in question.

Village Clerk Roxanne Astry was quick to ask, “Do we have a letter? We have to have an official letter of resignation before we appoint anyone. We have to accept his (Mackrell’s) resignation first.”

In response, Bauer stated, “I only have a text message correspondance.”

Calimeri quickly noted, “Anything else is technically hearsay. You need a signed letter of resignation.”

Following further introduction of Riggle by Bauer, Deputy Mayor Bill Astry inquired about the ZBA alternate, William Dorman. “Why would we not appoint the alternate?”

Bauer paused briefly, before answering Astry in a seemingly agitated manner. “Do you want me to say why? I will say it, because he (Dorman) has made it very clean and clear his feelings about everything. My goal is to have a zoning board that wants the best for the village according to the zoning laws.”

Bauer went on to say, “I’m telling you what I believe the qualities of a zoning board of appeals member should be — they should be open-minded, knowledgable about the subject they’re talking about or working on. They should understand that their job is to help all the residents of the village and do what’s best for all residents, according to zoning law.”

Astry then commented that Dorman’s experience may outweigh his opinions on the matter. “His 20 years of experience as a judge doesn’t count?” Astry questioned. “He’s already been through all these processes and has a working knowledge of everything, and we’re going to bring somebody brand new in? It just doesn’t seem to make sense.”

In response to that, Bauer stated, “He’s not going to be a judge, he’s going to be a zoning board member. Our alternate has made it plain and clear that he has a specific view of what’s going on. While I appreciate that he is very diligent and knowledgeable in his past experience, I can’t honestly say that he is impartial at this point.”

Astry then contested that Bauer intended to bring Riggle in without consulting the board, to which Bauer replied, “I’m not bringing that person in (alone), that will be a board decision. I run the board with us all participating and voting. We voted on the last one.”

Astry, Steve Wickmark and others in the room commented in succession, “No, we didn’t.”

Bauer then stood up and confronted Wickmark. “This is a conversation between me and Bill,” she stated. “We voted on the last two zoning board members that were brought up, right here at this table, and that will happen again. I’m saying I’d like to introduce somebody, I’m not saying this person will take a seat right now.”

Trustee Amanda Kalfas, Roxanne Astry and others in the room agreed, while Roxanne Astry then noted the voting results of the last election as a point of reference. Nonetheless, Bill Astry made the point, “but you made the statement that you wanted to appoint him tonight.”

Bauer did then acknowledge her previous statement, “I wanted to appoint him tonight, but I forgot about the letter.”

Calimeri then stepped in, and noted, “If you receive the letter, say tomorrow, prior to the appointment, I think the alternate is automatically a ZBA member until such time that there is a new appointment.”

Moving on from there, Bauer also addressed a recently discussed issue on her living in the village in order to remain mayor. “I own a house in the village, and if there’s anybody that would like to take my seat, they can,” Bauer stated of the issue. “We already discussed this at the last meeting.”

Bauer went on to say, “I said that if I resign today, there will have to be a special election because we are not at election time and that will cost the village taxpayers money. I don’t want to do that if I can help it. I’ve lived in Cassadaga for 33 years. It is part of my heart. … If somebody would like to step up, and we avoid an expensive election, then they can have this job.”

Following the somewhat bold statement, Kalfas made a note on the matter for clarity. “Even if MaryJo stepped down,” she said. “the deputy mayor (Bill Astry) cannot be mayor because there would be a conflict of interest.”

This would be due to the fact that Bill and Roxanne Astry are married, and a deputy mayor and village clerk cannot be romantically entangled. “They say it is a conflict,” Roxanne Astry acknowledged. “It happens a lot in small towns.”

Following talk of the conflict of interest, Steve Wickmark asked to ask a question going back to Bauer’s residency concern, to which Kalfas told him the public comment portion was over, and Bauer agreed.

“As a citizen, it doesn’t matter that general municipal law says that a person not residing in the village may not serve as mayor?” Wickmark asked anyway.

Bauer then responded to Wickmark, as Bill Astry suddenly stood up and left the room. “You’re asking a question that Amanda just answered,” Bauer stated. “And Bill left the room, so we’re going to stop the meeting until he comes back.”

Astry eventually returned to the room, citing foot cramps as the reason for his sudden departure, and the meeting resumed. An answer to Wickmark’s question was never given, and the meeting concluded shortly thereafter.

The next meeting of the Cassadaga Village Board will be Wednesday, May 1, at 7 p.m.