The Town already bent the rules to allow this restaurant to be rebuilt on a property zoned only for farms and homes on large plots and by granting them a 50% expansion in capacity by special permit
Nonconforming uses violate current zoning and, as such, are rarely allowed to expand more than 10 or 20 percent, once, if at all. This expansion would amount to a 184% increase in square footage
The precedent this would set could jeopardize quiet neighborhoods and APZ land throughout Riverhead by paving the way for similar exceptions to be granted to other businesses attempting to expand in similarly inappropriate places.
There has been a long history of litigation since the Town allowed the current Manor owners to restart a use prohibited by zoning that had lapsed for well over a year (a fact that, by law, should have precluded the Town from allowing an 80-seat restaurant on land zoned for agricultural protection). In January 2014, the owners asked the Town Board for another special permit to allow them to add a 4,200 sf, 150-seat catering hall and a 1,200 sf tent. This would amount to an unprecedented 184% expansion of an already non-conforming use and would end all pending litigation on the matter.
Court Overturns Town ZBA Decision… (4/16/13)
Jamesport Manor Inn legal saga continues (7/23/12).
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