Judge sides with J. Kings over agri-park court battle

02/22/2013 4:00 PM |

BARBARAELLEN KOCH FILE PHOTO | Workers hang a sign outside the agri-park facility in 2012.

A state Supreme Court judge has upheld a Riverhead Zoning Board of Appeals decision that allowed J. Kings Food Service Professionals to open a “Grapes and Greens” food processing center on Sound Avenue last year.

The defeated lawsuit had been filed by Austin Warner, a neighboring property owner, who also challenged the town’s issuance of a building permit for the proposed facility, what J. Kings has dubbed an agri-park, located in a former Blackman Plumbing building in Calverton.

The town ZBA upheld the building permit in a June 14, 2012, ruling, in which the ZBA allowed the facility to be used as a warehouse, which was a permitted use under a 1974 ZBA ruling, rather than as an agricultural site.

Mr. Warner challenged that ruling. In a Feb, 6 decision, state Supreme Court judge Jeffrey Arlen Spinner wrote, “the decision of the ZBA was proper under the circumstances.” He added, “it is widely held that a ZBA has broad discretion, and judicial review is limited to ascertaining whether the action taken by the ZBA was illegal, arbitrary and capricious, or an abuse of discretion. There has been no proof submitted by [Mr. Warner] which supports a conclusion that the board acted in an illegal, arbitrary and capricious manner or abused its discretion.”

Judge Spinner said there were nearly two hours of testimony at the ZBA hearing, including that of building inspector Sharon Klos, who stated her reasons for issuing the permit.

Ms. Klos said at the time she granted the permit because she believed the uses Mr. King proposed for the site were within the scope of a warehouse, and that the history of the building showed that the warehouse use had not been discontinued.

Steve Angel, Mr. Warner’s attorney, could not be reached for comment on the decision.


He had argued that the ZBA ruling failed to supply any supporting documentation to support its verdict, failed to require health department approval for the project and allowed false information stating that the property was owned by John King J. King Realty.

Mr. Warner’s lawsuit also claimed the ZBA violated the open meetings law by taking a break in the hearing to discuss the case in private, before coming back and making a decision.

Grapes and Greens, which is billed as an “agricultural enterprise zone,” takes local produce and processes, cuts, bar codes and stores it prior to being sent to Long Island and New York City markets. It also provides storage space for local wineries.

Riverhead Supervisor Sean Walter called the ruling “a huge victory for farmers and for the Long Island Wine Council,” which all stand to benefit.

He said he hasn’t heard any complaints about the facility since it’s been operating and hasn’t noticed any changes in truck traffic in the area.

“I was always very supportive of that use on that property,” he said. “That’s what it was originally built for.”


26 Comment

  • I concur. The signs are almost as intriguing as being the cars.

  • Jumyo is really a good thought from the rapidly “disburising” social media sector. Goodbr/ Function men !

  • Thank you! We like Ouray and can give back whenever we can.

  • This web site definitely has all the information and facts I wanted concerning this subject and didn

  • It would have been nice if I had stumbled across this information sooner, thanks so much for sharing it. The way this article has been written is just awesome! Not only is is very informative, it’s also extremely easy to understand. Great job! Thanks once again, I have learned something new today, which I like to try and do everyday. Thank you so much for publishing this. If it’s okay with you, I’d like to place a link to your website from my Google+ page, I hope that’s okay?

  • “پرس چت” نزدیک به یک دهه فعالیت از معتبرترین چت رومهای پارسی زبان میباشد. پرس چت سعی در ایجاد محیطی صمیمی و دوستانه و گسترش فرهنگ زبان فارسی با …

  • This could be a best wechat room for everyone who would like to know about this type of matter.

  • I know this if off topic but I’m looking into starting my own blog and was wondering what all is required to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100% sure. Any tips or advice would be greatly appreciated. Appreciate it

  • Thank you, I’ve just been looking for info about this subject for a long time and yours is the greatest I have found out so far. However, what concerning the conclusion? Are you certain in regards to the source?

  • Thank you for every other informative web site. Where else may I get that kind of information written in such a perfect way? I have a mission that I’m just now running on, and I have been at the glance out for such information.

  • Wow that was strange. I just wrote an extremely long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say excellent blog!

  • Pingback: this post

  • I was recommended this web site by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my problem. You’re incredible! Thanks!

  • It’s sods law isn’t it – you spend ages researching something, only to stumble upon a webpage like yours that presents you everything in one spot that you’ve just wasted hours searching for! Considering the topic covered, you have done a great job of making this informative, while interesting to read – top job, well done! Thank you, I have learnt something new here, which I like to try and do everyday. Thank you so much for taking the time to write this. I hope you don’t mind, but I have added a link to this web site from my Facebook page.

  • I believe you have noted some very interesting details , regards for the post.

  • You actually make it seem so easy along with your presentation however I find this topic to be really something that I think I’d by no means understand. It seems too complicated and very broad for me. I am looking ahead on your next put up, I\92ll attempt to get the cling of it!

  • Pingback: harman bird

  • Good post. I learn something totally new and challenging on sites I stumbleupon every day. It’s always useful to read through content from other authors and practice a little something from their web sites.

  • Thank you so much for giving everyone an extremely spectacular possiblity to discover important secrets from this blog. It is usually very pleasant and also full of a good time for me and my office acquaintances to visit your web site a minimum of thrice a week to learn the fresh issues you have. And lastly, I’m so usually impressed with all the astonishing points served by you. Some 2 facts in this posting are really the finest I have ever had.

  • hello there and thank you for your info

  • Can I just say what a relief to search out someone who really knows what theyre speaking about on the internet. You definitely know methods to convey a difficulty to light and make it important. More people must read this and understand this side of the story. I cant consider youre no more popular since you positively have the gift.

  • If only I had discovered this web site earlier, I would have saved myself sooooo much time. Considering the topic covered, you have done a superb job of making this both informative, yet interesting to read – excellent job, well done! Thank you once again for taking the time to put pen to paper, I have learned a lot :). As my old mother said “a day gone without learning anything is a wasted day!”. I learned plenty from this webpage, thanks. I hope you don’t mind, but I have added a link to this article from my Facebook page.

  • This is very interesting, You are a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your great post. Also, I’ve shared your website in my social networks!

  • I’m gone to say to my little brother, that he should also pay a quick visit this web site on regular basis to get updated from most recent information.

  • Pretty section of content. I just stumbled upon your blog and in accession capital to assert that I get actually enjoyed account your blog posts. Any way I

  • Oh my goodness! an incredible article dude. Thanks However I am experiencing subject with ur rss . Don