Ciderhouse expansion approved 3-2

The Riverhead Ciderhouse received preliminary site plan approval of its requested expansion by a 3-2 vote last Thursday, with Riverhead Planning Board members Ed Densieski and Joe Baier voting no, and chairperson Joann Waski, member George Nunnaro and new appointee John Hogan voting yes.

The approval was announced to a room packed with residents urging the board to vote no and claiming a yes vote would set a precedent encouraging other developers to build without approvals. 

Riverhead Ciderhouse, headed by John King of Bohemia, was seeking to legalize a 1,294-square-foot expansion of a pre-existing patio area and tasting room at the Sound Avenue site. 

The additions were first proposed in 2015 and were constructed without permits, officials said. 

Conversion of 6,681 square feet of wine storage area into an additional tasting room — labeled “overflow assembly” on the application — was also approved.

In addition, Mr. King sought to create 36 additional parking spaces outside the single-story building that is home to the Riverhead Ciderhouse tasting room, cider processing and bottling facilities, as well as various agricultural storage areas, with parking and related improvements. The building, once home to Blackman’s Plumbing, is located within the Agricultural Protection Zoning district.

The resolution approved last Thursday states that “no site work shall begin, nor shall building permits be issued, until a Planning Board resolution granting final site plan approval is adopted.”

Ms. Waski told audience members that the Planning Board is not an enforcement agency, and is not authorized to punish applicants for failing to secure permits. 

“We are not here to make judgment, and we are not here to create fines,” she said. “It’s just like someone who puts in a swimming pool in their backyard or a deck. We are not here to tell them that they have to take the swimming pool out or take the deck out and then start the process all over.”

She added that a no vote, which many in the audience supported, means that “basically nothing gets done.” 

Ms. Waski said the town could potentially face a lawsuit for rejecting the expansion, “because we actually have no reason — I don’t have one — within the realm of my job as a board member to say no this.”

With the yes vote, the town can request that the applicant remove the barn door structure that’s behind an indoor stage.

“It’s clear that the only reason that door is there is so he can open it up and pipe out his music,” she said, adding that amplified music is not allowed outside the building. 

Ms. Waski said the resolution further stipulates that Mr. King “can’t come before this board again and ask for any further expansion. It’s over.”

Mr. Densieski said he’s a big supporter of Riverhead Ciderhouse, calling it a great addition to “historic Sound Avenue.”

However, he said, the covenants and restrictions on the property that were agreed upon by both sides prohibit the use of the site for events and weddings. 

“I have to vote no,” Mr. Densieski said. 

Mr. Baier said he’s not in favor of conversion of the tasting room, and also voted no. He said this will set a precedent for everybody.

Planning Board attorney Eileen Powers said the oversight body is not an enforcement agency and doesn’t even have the power to enforce even its own covenants. 

“They have no investigative powers, their punishment is not in the purview of the Planning Board. That’s for code enforcement and Town Board.”

The Ciderhouse — then called “Grapes and Greens”— received preliminary site plan approval from the Planning Board in 2015 that specified “there shall not be special events such as weddings, festivals or fairs held on the property” and that there shall be no full-service restaurant or catering conducted on the property. 

Outdoor music was also prohibited. 

Amanda Grams of Reeves Park said she could find no road on Long Island other than Sound Avenue that’s been preserved as agricultural and historic, adding that the people of the town voted that into the comprehensive plan for a reason. 

“Keep it that way,” she said. 

Sally Mackin of Fox Hills said that Mr. King has not adhered to the covenants that were in the 2015 resolution.

“And we, as residents, have no reason to think he will do so in the future,” she said, adding that she fears this vote will set a precedent for other developers to seek forgiveness rather than get permission to build without proper permits.