Community Members Opposed To Cyril's Fish House Rezoning Plan

Snowy weather last Thursday didn’t stop a large group of people from sounding off on a plan to rezone a popular bar and restaurant on Napeague.

Most of the approximately 23 people who spoke amid a standing-room-only audience before the East Hampton Town Board opposed an application that would allow Cyril’s Fish House to expand onto an adjacent lot and rezone both parcels from residential to business. Their concerns ranged from unaddressed public safety issues, harmful impacts to the environment and fear of setting a bad planning precedent in the area.

On public safety, speakers described a dangerous situation on Montauk Highway, where patrons of the summertime business park cars along the road and mill about on the shoulder of the state highway. The environment was also a major concern to residents—they said they felt the area couldn’t handle the septic waste that would be generated by the crowds of people that frequent the business, which is currently being serviced by portable toilets. They said approval of the application could also set a precedent for neighboring property owners who might want to rezone their land as well.

Meanwhile, Dianne K. Le Verrier, an attorney representing applicant Michael Dioguardi, said that public safety concerns could not be addressed without a zone change. Changing the zoning would allow the owner to use a vacant adjacent lot to alleviate parking along the road and reduce the number of people there. Other speakers said they felt the applicant was trying to fix a problem, and that the application was a solid first step.

“Our position is that the current zoning is correct, that it’s an appropriate zoning,” said Eric Schantz, a town planner. He added that the current zoning is the “most benign” in terms of impact to public safety and environmental resources.

When asked by Councilwoman Theresa Quigley what kind of alternate application would better suit the area, Mr. Schantz said that one that would move the restaurant away from the wetlands and toward the second parcel “may be something that is beneficial.”

Ms. Le Verrier said Cyril’s Fish House has become “a thriving business” that employs 30 people seasonally. A zone change would allow the business to add a minimum of 11 parking spaces while also upgrading the septic infrastructure on the site, she said.

The situation that currently exists at Cyril’s Fish House during the summer will continue without a zone change, warned Ms. Le Verrier.

“But who wants that?” she said. “Nobody wants what’s current. Nobody wants what’s currently there. Everybody wants to fix it.”

Speakers weren’t convinced that the zone change application would make the site better.

Colleen Rando, a neighbor, said she’s one of 15 homeowners on Napeague who are “united” against the application. She presented photos of a packed Cyril’s Fish House to Town Board members. Some of the pictures portrayed a parking lot filled to the max with people milling about. A zone change would bring only more patrons, more congestion, more litter, and more negative impact, she said, and adding 11 parking spaces “will do absolutely nothing to make the situation safer.” She also said the property currently faces 15 Town Code violations, and raised the question, “Why shouldn’t we expect the same thing to happen in the new area?”

The violations include on-site structures that are “accessory uses” to the restaurant, said Tina Piette, of Amagansett. Ms. Piette, a former employee of Cyril’s Fish House and an attorney who used to work with the business owner, said there’s a building permit pending for each of the violations.

Representatives from environmental groups such as the Concerned Citizens of Montauk and the Group for the East End denounced a zone change at the site. Britton Bistrian, a Licensing Review Board member, delivered a passionate plea to the board to keep the environment in mind, and urging that the application be denied. A number of residents who live around the area also came out against the plan.

Betty Mazur of Amagansett protested the rezoning application. She said most know the site as a “wildly overcrowded watering hole that spills unsteady customers out into Montauk Highway where long lines of cars are precariously parked creating a season-long hazard.” She said the application “looks and smells suspiciously of spot zoning,” and would create a “dangerous precedent.” She mentioned that the Amagansett Citizens Advisory Committee expressed its strong opposition to the application.

Deb Foster, a Springs resident, said she saw the issue as a balance between the Town Board’s zoning responsibility to maintain a healthy and safe community, versus balancing the rights of a property owner. “It’s about what do you want Napeague to look like?” Ms. Foster said.

Meanwhile, other speakers said the applicant is taking the right steps in rectifying the issue. Christine Gaudy, an Amagansett CAC member, said that the issue is a “summer problem.” She also said that Cyril’s has been a landmark throughout her lifetime, and that the zone change application is an attempt to correct the situation.

“This is just the beginning for the applicant,” she said.

Deborah Choron, a Montauk resident, submitted a petition with 27 signatures of people supporting the application. “I really do think this is a necessary first step in the right direction,” she said.

Chuck Morici, of Montauk, said he’s concerned that the site will fall into disrepair if the applicant isn’t allowed to pursue the zone change. “You want a craphole down there? You got it,” he said.

The board voted to hold a hearing on the application after the Planning Board was divided evenly on it in a November meeting. No action was taken on the application. The Town Board closed the public hearing and will hold the written record open until March 21.

The Town Board revisited the application at its Tuesday work session. Councilman Peter Van Scoyoc and Councilwoman Sylvia Overby expressed serious reservations about the plan, and Mr. Van Scoyoc went as far as saying he doesn’t feel the property qualifies for rezoning. Ms. Overby’s concerns were rooted in impacts to the environment. She said an 11-space parking lot wouldn’t be enough to mitigate the crowds of hundreds of people at the business.

Supervisor Bill Wilkinson asked Ms. Le Verrier, “What do you say to the people that say you’re simply rewarding bad behavior?” by granting a rezoning. But he also pointed out that the business has been there for decades. “The thing that we forget about preexisting, nonconforming is the preexisting part,” he said.