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Hearing on complaints against saloon continues

A hearing on two complaints filed by Parryville borough against the owner of a saloon in the borough was continued for a second time on Monday afternoon.

Parryville filed the complaints against the Riverwalck Saloon, located at 8 Center St., and its owner Mark W. Stemler, of Palmerton, claiming he continued construction at the site after a court order was issued in December 2009, to stop all construction. The borough also filed a second complaint seeking an injunction to stop the operation of the saloon because of a dispute of sewage disposal. The borough claims the enlargement of the facility required Stemler to seek a permit to increase the sewage facility flow.Yesterday's proceeding, held before President Judge Roger N. Nanovci II, was actually a continuation of a hearing that was started on April 27. That hearing was continued until yesterday at the request of Atty. Michael Greek, representing the borough, and Atty. Carole Walbert, for Stemler. Following over three hours of testimony the two moved for the continuance to allow the borough's sewage enforcement officer, Sean Corey, to conduct an inspection of the sewage system and determine if there is an increase of the flow levels which would require a permit.Monday, following another three hours of testimony, Nanovic continued the proceeding at 4:25 p.m. The lone witness left to testify is Stemler.During yesterday's hearing Corey testified he only got a chance to inspect the system on Friday, Sept. 23. Both sides in the dispute blamed the other when Nanovic asked why it took from the April 27 date to last Friday to have the inspection done. Corey said an earlier date for the inspection was canceled by Walbert. Walbert claimed she was waiting for Corey to contact her for a new date while Corey said he was waiting for her to contact him.At any rate, Corey said late Monday that there was no way he was going to be able to determine if the flow rate has increased because there is no record existing for the flow rate when the system was installed.Corey said the sewage system at the site is a cesspool system that is no longer allowed by the state. However, since the system was installed prior to the new state regulations it is grandfathered.Testimony was heard from Roger George, who operates a septic system service company, who said he cleaned the system on Sept. 5 at Stemler's request and found no malfunctions or leakage after conducting a dye test. He said it is a large cesspool and was thoroughly cleaned by him. He said it was the first time he felt the system was cleaned. However, he added he found no problems of any kind.Richard Fedor, the borough's zoning official, testified that he counted 348 seats in the restaurant and two decks that were added on, which puts it well over the capacity that the initial permit was issued for thus making it in violation of the zoning ordinance. He said he revoked one of the permits he issued concerning seating capacity.Fedor and Corey also testified at the April hearing.Nanovic said he would continue the hearing at a date he must set after checking his schedule.