Walter Gabrielsen is proposing a bistro at his Glass Greenhouse on Route 25 in Jamesport and he said his farm market complies with the town’s definition of a farm stand, an issue that resulted in litigation between the town and Glass Greenhouse in 2014.
Mr. Gabrielsen said he is a 50-year resident of Jamesport and his family has farmed in Jamesport for more than 100 years.
He is planning a 15-seat bistro in a separate area of the building that houses the farm market.
The town defines a bistro as “an eating establishment of 50 seats or less, whether indoor or outdoor, without drive-through or drive-in service.”
It is a permitted use with a special permit, which was the subject of a public hearing Tuesday.
Mr. Gabrielsen and his attorney Jaret Weber said there are no changes planned to the existing site plan or structure.
Calverton resident Sal Mastropaolo suggested the town not approve the special permit until the litigation is resolved.
Town Attorney Bob Kozakiewicz said nothing in the Town Code prevents Mr. Gabrielsen from proposing a lawful use.
Mr. Weber submitted a letter indicating that the issue that was the crux of the lawsuit is now resolved.
The town claimed that Mr. Gabrielsen’s farm market did not meet the requirement that no more than 40 percent of the items sold were “regionally grown or enhanced agriculture,” rather than agriculture grown on site.
Mr. Weber said his client is complying with that requirement and he expects the lawsuit to be resolved soon.
The Town Code defines regionally grown as “grown on a farm located within the State of New York and/or within a radius of 250 miles of the farm.”
“I support this application,” said Ken LeBohner of Aquebogue. “It’s a good business and this man and his family have lived here forever.”
The Town Board asked Mr. Weber to bring back information showing how the proposal meets the requirement for special permit as set out in the Town Code.
The hearing was closed with the exception that written comments would be accepted by the Town Clerk until Aug. 17.