Over Schiavonis' Objections, Sag Harbor ZBA Officially Annuls Building Permit

The Sag Harbor Village Zoning Board of Appeals made official on Tuesday, January 17, what it said it would do earlier this month: annul a building permit issued to David Schiavoni of VACS Enterprises LLC, to reconstruct the shell of a building at 31 Long Island Avenue that was razed in 2008 as part of the environmental cleanup at the neighboring KeySpan gas ball property.

Two neighbors, Adam Potter of 11 Bridge Street LLC and Jay Bialsky of JAB West Water Street, had challenged the building permit in court, and a State Supreme Court judge ordered the ZBA to hear the case and render a ruling by the end of this month.

The ZBA discussed its decision at a special work session on January 4, where it heard final testimony from Potter and Bialsky’s attorney, Tiffany Scarlato, and Schiavoni’s attorney, Keith Brown.

David Schiavoni’s parents, Gabe and Diane Schiavoni, were in the audience Tuesday night when the board approved the decision written by its attorney, Elizabeth Vail — and they did not take kindly to it.

“So that’s it. You denied it?” asked Gabe Schiavoni.

“There are some conditions on it,” replied ZBA Chairwoman Jeanne Kane.

“I’ve been here 47 times,” Schiavoni continued. “If this condition doesn’t stop it, there will be another one, and then another one. … This is the last time you are going to see me.”

“You cannot do this. You cannot keep doing this,” interjected Diane Schiavoni.

Schiavoni said the delays in rebuilding had cost his family $3 million in lost rent. “We’re not talking 50 bucks here — we’re talking a lot of money,” he said.

The conversation continued until Vail stepped in. “Read through the decision and share it with your attorney,” she told the Schiavonis. “I’m sorry you are upset.”

The ZBA gave several reasons for annulling the permit. One was that it was for “the shell” of the building, which would eventually be built on the site, when the village code has no provision for such a permit. The board also said the permit called for the building to be for “retail use,” which it determined was too vague a description.

The decision noted that the zoning had been changed at the location from village business when the building was razed, to office district. Vail said that even though the Schiavonis might be entitled to rebuild, they would be limited to the uses that were legal at the time the building was torn down or those that would be legal under the new office district zoning.

David Schiavoni had said he was planning to rent the building to 7-Eleven, which used to lease space in the Water Street Shops building across the street until Friends of Bay Street, of which Potter is the chairman, bought the property as a future home for Bay Street Theater two years ago. Although convenience stores were allowed in the village business district, they are not allowed in the office district.

The ZBA did rule that the Schiavonis had acted in good faith in trying to rebuild, even if several initial applications had been for larger buildings than what was originally on the site. For years, the Schiavonis have relied on a letter that was written in 2008 by then-village attorney Fred W. Thiele Jr., which stated the family would be given a permit to rebuild in place and in kind without being required to go through the review process. Scarlato had argued that only the building inspector had the right to issue such assurances, and that the three-year limit for the Schiavonis to act had long since expired.

The ZBA gave the Schiavonis one year to apply for an amended permit and said they would be required to obtain the approval of the Board of Historic Preservation and Architectural Review for their plans.