Riverhead Ciderhouse decision on legalizing already-built expansions tabled by planners

A decision on whether to approve additional already-built changes made without permits by Riverhead Ciderhouse was delayed last week by the Riverhead Planning Board.

Board members voted 4-0 to table a resolution on Thursday’s agenda that would have approved an amended site plan reflecting the changes. The motion to table came at the request of Planning Board Chairperson Joann Waski. “We do not have a full board here today,” Waski said. Board member Joseph Baier was absent.

Property owner J. King Realty wants to legalize an expansion of an existing outdoor patio area and the conversion of a portion of the wine storage area to an additional tasting room area. The owner must also construct 36 additional parking spaces on the property, located on the southwest corner of Sound and Osborn avenues in Baiting Hollow. 

Town officials said the business had to pay a $5,000 fine in connection with tickets issued for improving the property without town permits. 

Before they knew the resolution would be tabled, several speakers approached the podium and urged the Planning Board to vote down the expansion. They argued the board’s approval would set a precedent for developers to build without approvals and ask for forgiveness later. J. King Realty has made changes to the site without site plan approvals or permits in the past, and have received conditional approvals to legalize those expansions.

“Who needs a planning board if business owners can do whatever they want without an application, get caught, ask forgiveness and get a rubber stamp approval from the board they thumb their noses at in the first place? That’s the question you have to answer with this vote,” Mike Foley, of Reeves Park told the board. “And this vote, God willing, will be a unanimous ‘no.’”

They also expressed their worry about expanding a non-conforming business in the town’s agricultural protection zoning use district and lead to impacts to the Sound Avenue Historic Corridor.  

“No one is asking the town to shut down or limit the current cider house operation,” former Council Member George Bartunek said. “But what is being asked of this board is that the preservation of Sound Avenue as a historic and scenic corridor take precedence over the proposed expansion of a business that is not suited for the town’s agricultural protection zone.”

Many of the comments to the board echoed those made at a public hearing in April. 

MORE COVERAGE: Riverhead Ciderhouse’s bid to legalize expansion bashed by some, supported by others at hearing

The resolution stipulates the owner would not be allowed to expand the use further because “any additional expansion would exceed the customarily incidental and accessory nature of the processing and retail sale and tasting of hard cider” at the property. The prior conditions of approval and filed covenants include prohibition of “special events such as weddings, festivals or fairs” on the property, although there is evidence through social media videos that weddings have been held at the property. The owner advertises the venue for events on the business’s website. 

The resolution’s conditions and covenants also require the tasting room to close and “public activities” to cease no later than 9 p.m..

Planning Board members and department staff did not respond to questions posed by speakers about what action is to be taken if the Planning Board rejects the cider house’s application. Community Development Director Dawn Thomas, who is currently serving as interim head of the planning department, and Planning Board counsel Eileen Powers did not respond to the same question from a reporter after the meeting.

Also during the meeting Thursday, the Planning Board:

• Discussed the site plan application for a shopping center with buildings totaling 37,000 square feet proposed on an undeveloped 6.3 acre parcel located on the south side of Route 25A in Wading River between the Alexander-Rothwell Funeral Home and Mays Farm. The plans include three buildings totaling 27,000 square feet for retail; one 4,000-square-foot building with a drive-through for a bank; and one 6,000-square-foot building to be occupied by one sit-down restaurant and two takeout restaurants. The project, called Venezia Square, has been in the works for more than a decade. The Planning Board voted to classify the project as a Type 1 action and initiate lead agency coordination pursuant to the State Environmental Quality Review Act. The board also voted to retain traffic consultants LK McLean Associates for analysis of traffic impacts for the project.

• Discussed the site plan application seeking to redevelop an existing commercial site with a new 18,000-square-foot automobile dealership and related site improvements including parking, lighting, landscaping, drainage, and new water and sewer connections at 1309 Old Country Road. The site was previously Eagle ADI of Riverhead, an auto parts store, and is currently owned by the owners of Eagle Auto Mall located across the street. One of the dealerships currently in Eagle Auto Mall will move to the new location, the applicant’s representatives said, allowing the two existing dealerships at Eagle to expand. The plan will require six variances from the Zoning Board of Appeals, including several setbacks variances. “When you look at each of these variances individually, they may not appear significant,” Riverhead Planner Greg Bergman said. “but when you look at them in its entirety, specifically that 50 foot non-disturbed rear yard with the residential properties, they do kind of add up to really create a significant intensity of use on the subject property.” The Planning Board voted to classify the project as a Type 1 action and initiate lead agency coordination pursuant to the State Environmental Quality Review Act.