Michael and Christine Aaron have begun fund-raising for the next phase of a legal battle to prevent Mill Hill Realty Corporation from opening Toilsome Farms Restaurant and Brewery on a property neighboring their house on Toilsome Lane. The Aarons initiated their lawsuit last year.
In an email circulated on Feb. 6, Mr. Aaron wrote, “Caring neighbors, concerned residents, and friends have helped us by contributing $36,050.” He reported that nearly $90,000 had already been spent on the effort to prevent the brewery and restaurant from becoming a reality.
“Instead of wasting their money on a lawsuit, I’d rather they come forth to talk with us about the project,” said Alex Balsam, the attorney for Mill Hill. “We’re not in any way concerned with the outcome of a potential lawsuit. It might delay the project by a few months, but ultimately, it’s not a factor. It’s so obvious that this is an allowed use. If this didn’t go through, the other options for this property frankly aren’t as nice as what’s being proposed.”
In September 2021, the Aarons filed an appeal with the East Hampton Village Zoning Board of Appeals, arguing that Tom Preiato, the village’s building inspector, had made an incorrect determination regarding what uses are allowed on the parcel, which is zoned for manufacturing-industrial uses. That appeal was tossed a year later by the Suffolk County Supreme Court, which ruled that Mr. Preiato had not, in fact, actually filed an official determination yet. To do so, he would have to write it out and file it with the village clerk. The court ruled, in essence, that Mr. Preiato was just talking.
In January, the Mill Hill Realty Corporation presented updated plans to the design review board, as it continues to seek site plan approval. The company’s proposal includes a 9,700-square-foot building with room for 129 patrons, and a 61-space parking lot. With a nod toward neighbors’ concerns, Mr. Balsam said a beer garden and second floor dining area had been removed. The Aarons’ main criticisms of the project have centered on both noise and traffic.
Once the D.R.B. finds the application complete, a public hearing will be held.
Billy Hajek, the village planner, offered at the January meeting that he believed the uses were permitted in a manufacturing-industrial district, but Mr. Preiato is tasked with making the official determination. A Jan. 24 letter from Mr. Aaron may compel Mr. Preiato to do just that.
“The purpose of this correspondence is to request a written determination from you as village building inspector defining the principal use, a ‘tavern/bar.’
A tavern/bar use is prohibited in the applicable zoning district in any form whatsoever,” wrote Mr. Aaron.
He continued, quoting the code: A restaurant has “as its sole purpose the preparation and serving of food for consumption on the premises,” and serving alcoholic beverages is permitted with meals. However, live entertainment and dancing are not allowed and a “restaurant shall not be construed to include any form of tavern, bar, nightclub, or similar entertainment establishment.” Mr. Aaron argues that Toilsome Farms is not simply a restaurant, as Mr. Preiato originally judged.
“Please note that the village attorney, the Z.B.A., and Suffolk County Supreme Court Justice Carmen Victoria St. George, J.S.C., all opined that a written determination from the building inspector is required in order to make this question ripe for review by the Z.B.A. and the Supreme Court,” wrote Mr. Aaron.
His letter was co-signed by 11 others who live nearby.
In a phone call last week, Mr. Preiato said the issue is being handled by the village attorney. “I have it in for the attorneys to discuss and interpret. Ultimately, I’ll give a determination, but I believe the attorney is crafting a response. They’ve changed their application somewhat. I’m firm on the fact that restaurants are permitted in that district and that the brewing portion is considered light manufacturing.”
