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Feb 15, 2014 1:22 PMPublication: The East Hampton Press

East Hampton Town Rescinds Permit For New 7-Eleven In Amagansett

Feb 18, 2014 4:12 PM

East Hampton Town Planning Department officials on Friday rescinded the building permit that would have allowed a new 7-Eleven to open at the former Villa Prince Ristorante property on Montauk Highway in Amagansett.

According to a statement issued by East Hampton Town Attorney Elizabeth Vail, additional site plan review is required before a building permit can be issued by the town. Her statement also notes that a full review of the property’s planning history was not completed prior to the original permit being issued on January 30 by East Hampton Town Building Inspector Tom Preiato.

The building permit was granted to make interior alterations to his building, which includes specifications for a 7-Eleven.

“The building is basically going from a 116-seat restaurant … business, to a store that probably has an occupancy of 30—that’s a decrease,” Mr. Preiato said last week. “No further site plan review is needed unless something else like subdivision issues come up that I’m not aware of. Right now we’re working on making sure everything is fine.”

Some community members were up in arms that no review or traffic study had been done prior to the issuance of the building permit, saying that a 7-Eleven would change the character of Amagansett.

Montauk gained its own 7-Eleven in 2010, and just this week, Newsday reported that it is now the top grossing 7-Eleven in the country. Some Montauk residents had spoken out against that store’s approval.

This week East Hampton town determined that a 1983 subdivision of the Amagansett property is invalid and while retail is a permitted use, the applicant should have first secured site plan approval from the town prior to being granted a building permit.

“The subject property has a complicated history with multiple prior planning reviews and approvals issued over the last 40 years,” Ms. Vail said. “Specifically, the decision to rescind the building permit is based in part on the fact that a 1983 subdivision of the property was never fully completed and is thus invalid.”

Additionally, Ms. Vail explained that previous clearing and grading work completed by the applicant, Richard Principi, was, in fact, done on the same property, even though town officials were originally told it was a separate parcel. Ms. Vail said those changes should have automatically triggered a site plan review for the latest application.

Additionally, in 1997, it was determined that if any improvements were to be made to the property, a new site plan review would be required because the old one was approved in 1977.

“Further review is required to determine if certain conditions of that original site plan approval were met, particularly regarding the parking requirements on-site,” Ms. Vail said. “As such, site plan review for parking is likely required as well.”

The attorney noted that the prior owner of the property was alerted to these issues in a letter dated February 7, 1994, from the town’s planning director.

“The mistaken or erroneous issuance of a permit does not limit or stop a municipality from correcting errors, even when there may be harsh results,” Ms. Vail said.

Mr. Preiato and Mr. Principi did not return calls for comment on Tuesday.

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“The mistaken or erroneous issuance of a permit does not limit or stop a municipality from correcting errors, even when there may be harsh results,” Ms. Vail said.

If only this happened more often.
By dnice (2342), Hampton Bays on Feb 15, 14 6:11 PM
1 member liked this comment
The breath of fresh air continues in East Hampton, as the Town returns to responsible participatory democracy.
By PBR (4900), Southampton on Feb 15, 14 6:29 PM
1 member liked this comment
Good for you Liz Vail, that is a smart woman with a backbone to stand up for doing things the right way. Excellent work.
By icecreamman (457), Southampton on Feb 16, 14 3:58 AM

Wow. Someone following the correct way of doing things. That is certainly refreshing.
By bchgrl83 (52), Westhampton Beach on Feb 16, 14 6:38 AM
1 member liked this comment
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By Preliator Lives (374), Obamavillie on Feb 16, 14 6:55 AM
Using that same word again, we see . . .

Bye
By PBR (4900), Southampton on Feb 16, 14 7:10 AM
1 member liked this comment
The guy can't even spell his own name right.

Proeliator.
By Mr. Z (11012), North Sea on Feb 19, 14 11:18 AM
I don't know why everyone is popping the champagne corks?

Site plan review is just to make sure they have the required parking--and maybe enhance their landscaping.

There will be a public hearing--where the community activists will come down and rail agains 7-11--how it will destroy the character of Amagansett.

The hearing will be closed--and 30 days later they'll get their approval. The use was never in question.
By aging hipster (173), Southampton on Feb 17, 14 6:06 AM
Your analysis seems simplistic, given this from the article:

"“The subject property has a complicated history with multiple prior planning reviews and approvals issued over the last 40 years,” Ms. Vail said. “Specifically, the decision to rescind the building permit is based in part on the fact that a 1983 subdivision of the property was never fully completed and is thus invalid.”


If the validity of the 1983 subdivision is on the radar screen, this ...more
By PBR (4900), Southampton on Feb 17, 14 6:20 AM
Ultimately the article notes that everyone admits that retail is a permitted use. The issuance of the permit is a certainty so long as the changes arising out of the site plan review are complied with.
By RtRoth33 (9), Cheshire on Feb 21, 14 11:31 AM
PBR - 7-11's don't generate traffic, they absorb it. People will not be flocking to Amagansett to get their 7-11 fix, as there's one in Montauk and one in Southampton and other covenenience stores/grocery stores in between.

By Nature (2966), Hampton Bays on Feb 26, 14 9:34 AM
This is just a little bump in the road, it is coming. I know some residents will be unhappy but I can almost guarantee that they will use the establishment, helping it become one of the most profitable 7-11's in the country along with Montauk. Slurpee and a Big Bite anybody?
By BlueStreak (34), East End on Feb 17, 14 9:19 AM
Here we go again! The building inspector (the only honest department that is not filled with Democratic Party henchmen) issues a permit . Then Sylvia and here friends call the planning department and apply little known or understood rules to stop a lawfull project. As always those rules apply to everyone except wealthy dem supporters and active party thugs!
By Charlie42 (5), Southampton on Feb 19, 14 11:08 AM
Here we go again! The building inspector (the only honest department that is not filled with Democratic Party henchmen) issues a permit . Then Sylvia and here friends call the planning department and apply little known or understood rules to stop a lawfull project. As always those rules apply to everyone except wealthy dem supporters and active party thugs!
By Charlie42 (5), Southampton on Feb 19, 14 11:08 AM
Think u may have that a little mixed up Charlie42..best way to get a clear answer is to go to see Sylvia Overby. She will explain the incompleteness of many applications over the years. Whoever goes in there, it has to be done correctly, right? Principi family isn't going away but the old way of doing business is..it wasn't a complete study, back to the drawing board. No fault of Slyvias!
By Woods woman (133), East hampton on Feb 19, 14 10:49 PM
For the record, contrary to what the press reports to-date have mostly implied, not everyone living in Amagansett thinks a 7-11 is a bad thing. Some of us would actually welcome a nearby convenience establishment that stays open when everything else is closed, and is accessible at night without having to drive 10-15 miles. No doubt many of those opposed to the 7-11 wouldn't be making a fuss if instead another upscale, overpriced "Hampton-esque" venue was being proposed. Furthermore, the arguments ...more
By in the dunes (1), amagansett on Feb 20, 14 12:05 PM

The racist undertone of many comments- you know who you are- are disturbing, yet not surprising. Shame on all of you .
By wmdwjr (76), east hampton on Feb 22, 14 4:43 PM
Where do you see racist undertones?
By dnice (2342), Hampton Bays on Feb 22, 14 5:29 PM
whattt???? There isn't anything that comes close to being racism... maybe the one comment that was deleted?
By Nature (2966), Hampton Bays on Feb 26, 14 9:35 AM