Village: Quogue Business Continues To Operate Illegally

More than 18 months after opening an automotive repair shop, used-car dealership, car rental company and towing business in Quogue Village, the owner of the Midhampton Avenue establishment is still trying to secure the necessary permits to legally operate all facets of his enterprise.

Rich Rubio, the owner of Hampton Motors, appeared before the Quogue Village Board on Friday to again discuss his operation and what he needs to do to legally run all facets of his business out of the same location. Though he is permitted to operate an automotive repair and service shop at the site because one previously existed there, Mr. Rubio is not allowed to run the dealership, car rental business or towing company without securing a special exemption permit from the Village Board, which has not yet granted one.

He and his son, Barry Rubio, have come before the board numerous times since first opening the business in an attempt to secure the required permits.

On Friday, Mr. Rubio’s attorney, Eric Bregman of the firm Farrell Fritz PC in Bridgehampton, presented a map detailing the location and layout of the three businesses operating on the 19.5 acres, a portion of which is zoned light industrial. Mr. Bregman explained that the total number of cars on-site awaiting repair or service could total 60 on the busiest of days, and that as many as 15 vehicles could be stored in an impound lot also on the property; Hampton Motors has a contract with the New York State and Suffolk County Police to tow and store impounded cars and trucks, even though that added use also requires a special exception permit that Mr. Rubio has not yet secured.

Quogue Mayor Peter Sartorius asked that Mr. Bregman and Mr. Rubio return for the board’s next meeting on October 19 with information that more accurately reflects the number of cars and trucks that will on-site on an average workday. “The numbers struck us as big, in terms of 50 to 60 cars in holding,” Mr. Sartorius said during the meeting.

The mayor explained that the village last held a public hearing regarding the business in June 2011, before Hampton Motors agreed to serve as an impound lot and opened a car wash—another violation of village code—on-site. Mr. Sartorius said village residents should be given ample opportunity to review the request and weigh in. He also asked that the storage lot be fenced and screened so it is less visible from the road.

In April 2011, board members requested that Mr. Rubio cease operation of the Hertz car rental business and used car dealership on the property, which is not approved for such uses. On July 15, 2011, Mr. Rubio was cited for installing mechanical equipment without a building permit, or the necessary electrical and fire inspections, according to village records.

Nearly a year later, on May 16, 2012, Mr. Rubio was cited again for continuing to operate the dealership and rental car company, as well as an automotive towing service and auto detailing and cleaning business—all that were started without a special exception permit and without first seeking site plan approval from the village. In addition, he was issued violations for occupying the building without a certificate of compliance and for using equipment without electrical underwriters certificates. He was also issued a summons for operating a car paint booth without a fire suppression system and for having automotive lifts, also without a certificate of compliance, village records show.

Mr. Bregman, who was hired by Mr. Rubio in May, said his client has since secured electrical compliance approval for the lifts and installed the fire suppression system for the spray painting booth. A certificate of electrical compliance was issued on August 4.

“We are regularizing his operations by meeting all the building code requirements,” Mr. Bregman said in a phone interview on Monday, adding that he and his client expect to soon secure the necessary permits. He also said he does not know why it is taking so long for his client to secure the required permits.

Mr. Rubio declined to comment on Monday about his business, referring all questions to Mr. Bregman.

Mr. Rubio leases the property from George Mathys, who once ran a carting business called George’s Sanitation on the site. Mr. Rubio previously operated his automobile repair shop and car dealership off Old Riverhead Road in Westhampton Beach, but closed his doors in December 2010 after losing his lease after many years.

Public Hearing Set

Also on Friday, the Village Board scheduled a public hearing for October 19 to discuss a proposed amendment the zoning portion of the village code.

The change, if approved, would eliminate the need for homeowners to apply for a variance before altering or reconstructing a building approved for a nonconforming use, as long as the alteration does not extend the floor area, according to Bill Nowak, the Quogue Village building inspector. Residents often seek such variances in order to raise a structure, usually their homes, and place it on a new foundation. Such a variance will no longer be required, Mr. Nowak explained, if the board approves the change.