Cyril’s Is Looking at 1984

Cyril’s Fish House on Napeague will likely have to start scaling back to its much smaller 30-years-ago size one of these days, according to the latest ruling in East Hampton Town’s ongoing lawsuit against the roadside restaurant.

The town is seeking to force Cyril’s to remove a number of structures erected since 1984 and operate as it did then. A State Supreme Court Justice has denied the town’s request for a preliminary injunction, but concluded in his decision, released last week, that “the likelihood of success favors the town.”

Acting Supreme Court Justice Joseph Farneti particularly singled out Cyril’s outdoor bar, writing that “the bar is an impermissible expansion of a pre-existing, non-conforming use.” He called it an “illegal structure, having been constructed after the change of zone.”

He went on to say that “the addition of stockade fencing, refrigerators, a propane tank, a storage container, and [a] deck on the northwest side of the building were all additions made after 1984. None of these additions are permissible.”

Justice Farneti wrote that “the defendants have sought no variances” for the structures in question, which are “prohibited by town code.” Cyril’s has received innumerable citations over the years for violating the code. “The need for variances to legalize existing structures and equipment has been known to defendants for many years,” the justice wrote. “Their decision to file the occasional site plan or zone change application for the premises is insufficient to show a good-faith effort at compliance.”

 “Which of the structures may have to be modified and which may need to be moved or removed will more appropriately be determined in the context of the declaratory judgment and permanent injunction,” he added.

The court cited a recent survey of the property made by Tom Preiato, East Hampton’s soon-to-be-former chief building inspector. Mr. Preiato had “determined that there were a significant number of structures that were not present” in 1984, when the area was rezoned from business to residential.

In reaching his decision, Justice Farneti relied on a 1984 survey by William J. Walsh, as well as photographs of the site taken over the years, reports from the late Don Sharkey, former chief building inspector for the town, Mr. Preiato, and an analysis by Eric Schantz of the town Planning Department.

The town had asserted that outdoor dining on the patio did not exist before 1984, but Justice Farneti found there was insufficient proof of that contention, indicating that outdoor dining might still be permissible at Cyril’s. Joseph W. Prokop, the attorney representing the town, stressed on Tuesday, however, that the official capacity of the entire restaurant, which the court had cited, is 56, including the patio.

Mr. Prokop said Tuesday that he was meeting with town officials to decide the next step. He emphasized that the town has been willing all along to work out a settlement that would bring the restaurant into compliance with the code.

Cyril’s attorney, Diane Le Verrier, said yesterday that a settlement was “a course we already are pursuing.”

“The court seemed to invite the parties to resolve their differences,” she said, noting that Cyril’s has had applications before both the zoning and planning boards since June 6. “These applications include requests to modify the property in ways that the town has recommended, including moving the bar to the rear of the premises,” she said.

The establishment’s license to sell alcohol was canceled toward the end of the season just past, but that cancellation is under appeal. The New York State attorneys general’s office is handling that case.

Michael Dioguardi, who has attended most of the hearings held on the matter in the State Supreme Court building in Riverhead, is listed as one of the owners of Cyril’s along with several of his family members, as well as Clan-Fitz, the company headed by Cyril Fitzsimmons.