ENTERTAINMENT

Daryl's House suing Town of Pawling over occupancy

John W. Barry
Poughkeepsie Journal
The exterior of Daryl's House, the restaurant and live music club located in Pawling and operated by Daryl Hall.

Daryl’s House in Pawling is suing the Town of Pawling, claiming measures the town has allegedly taken to reduce the concert venue’s maximum legal occupancy would force the business to close.

The dispute comes amid ongoing negotiations surrounding Daryl’s House’s plans to build and open an outdoor stage. In a lawsuit dated March 17, Daryl’s House asserts the town “improperly placed a moratorium on the application for the outdoor concerts until such time as Daryl’s House acquiesced to the wrongful and illegal reduced occupancy edict.”

The lawsuit seeks measures that would prevent the town from altering the venue’s maximum occupancy, which would then allow the approvals process for the outdoor stage to resume.

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Attempts to reach Town Supervisor David Kelly to comment on the suit's claims were unsuccessful on Wednesday. Kelly is listed as a defendant in the suit.

William Sayegh, attorney for Daryl’s House, which is owned by rocker Daryl Hall, said the lawsuit comes in response to a Notice of Violation-Order to Remedy given to the venue on March 3 which, among other claims, states the venue’s headcount was over capacity when the site was visited by the town building and zoning administrator and fire marshal.

According to the lawsuit, Daryl’s House was issued a Certificate of Occupancy for 175 seated persons or 318 standees on Oct. 27, 2014, but through the course of months of negotiations regarding the outdoor stage, the venue was told by the town that its capacity would be reduced to 198 standees. The suit also states the venue “was never served with a notice of a purported reduction in the occupancy load and was never afforded an opportunity to be heard in this regard.”

In the Notice of Violation Daryl’s House received, its occupancy on the night of inspection was listed at 206 — a number Sayegh said erroneously included staff and the band that was performing — which falls below the issued 318 limit, but above the revised limit the suit claims the town established.

Should that limit of 198 be enforced, Sayegh said “We will close the place down.”

Stumbling blocks to approving Daryl’s House’s outdoor stage centered around its parking capacity, Kelly said. In the Notice of Violation there are several notes regarding vehicles creating illegal obstructions in the parking lot.

In a statement, Kelly said “Unfortunately, it appears that the local management of Daryl’s House has exhibited a pattern of ignoring state and local code by overselling and over-parking the venue, which presents many safety issues for its patrons, many of whom are Pawling residents.”

He also said overcrowded lots at the site represent “an extreme safety hazard and a violation of town zoning code. I am not taking the chance of an emergency vehicle being unable to reach the venue due to overcrowded parking.”

Sayegh said the two sides had been negotiating “in good faith” for months to find a resolution to the impediments, and noted Daryl’s House had suggested possible solutions to its parking deficiencies, such as valet parking and a shuttle service to an off-site lot. However, he said the notice of violation ended their attempts to negotiate.

“Daryl’s House had no choice but to file this lawsuit and defend itself,” Sayegh said.

In the suit, Daryl’s House claims the closure of the business would result in at least $3.2 million in damages — the amount of money that has been invested in building and renovating the site — and listed additional damages would be lost through existing ticket sales for concerts made under the impression that the venue’s capacity would be 318.

Daryl's House first announced plans for an outdoor stage in February 2016 before obtaining the necessary permits to build and subsequently had to relocate a planned summer concert series.

Kelly said the town has been willing to work with Daryl’s House on its plan for outdoor concerts, but in conjunction with that, the town wants Daryl’s House to implement needed updates to its site plan. Daryl’s House has submitted an updated plan to the town’s attorney but must file paperwork with the Pawling Planning Board, Kelly said.

Daryl’s House opened on Oct. 31, 2014, with a performance by Hall and Oates. Daryl’s House is also where Hall films his internet and cable television music program, “Live From Daryl’s House,” without an audience.

Hall and Oates are well known for a string of hits that includes “Maneater,” “Sara Smile,” “Kiss On My List” and “Private Eyes." Hall and Oates, according to the Rock & Roll Hall of Fame, is one of the most successful acts in rock history.

John W. Barry: jobarry@poughkeepsiejournal.com, 845-437-4822, Twitter: @JohnBarryPoJo