One neighbor is incensed that Vineyard 48, a business that has sparked contention among residents for alleged loud music, parking issues, sex acts on the property and other complaints, has continued to set up tents on its Route 48 parcel in Cutchogue, despite being ordered by authorities not to do so.
Neigbhor Bill Shipman, who has complained to the town about loud music and other issues over the past two years, told the town board at its meeting Tuesday that, despite the fact that the tents are in violation of the business’s site plan, they have remained in place for the past three weeks.
Southold Town Attorney Martin Finnegan told the board that code violations have been issued and will “in all likelihood, be reissued,” with town police and code enforcement officers out on the weekend to “make sure they are compliant with the pending court order that allows them operate in a limited capacity.”
The conditions of the site plan, Finnegan said, are “immediately enforceable”.
The New York State Liquor Authority is in the process of an appeal, Finnegan added; documentation has been requested from code enforcement and the police department.
A New York State Supreme Court justice on Dec. 30 issued a stay of the SLA’s revocation of the winery’s liquor license, allowing Vineyard 48 to continue to conduct business pending the winery’s appeal of the revocation order, issued Dec. 14.
The judge told Vineyard 48 it could engage in business such as grape pruning, wine bottling, manufacturing, retail sales and wine tastings — but no parties, and no music, according to Southold Town Police Chief Martin Flatley.
Shipman said despite being ordered not to play music, Vineyard 48 is advertising events with Friday night “mellow” music and live acoustic performances. “They’re not supposed to be playing any music,” he said.
Despite being ordered not to have tents, the tents are still standing, Shipman said. “Why can’t they be confiscated?” he asked. “They’re not supposed to be there. I hate to be that guy that’s back here again, but they’re making me be that guy.”
Shipman says Vineyard 48’s operations have greatly impacted his quality of life.
Finnegan said the town does not have a mechanism in its code to allow the town to confiscate the tents, but said violations are reported to the court in the context of the ongoing litigation.
“Things don’t always move as quickly as we’d like, but believe me, we are aware of what’s going on,” he said.
Shipman said the cost of litigation is borne by town taxpayers. “No one wants to take action,” he said. “Take the tents. They impound people’s cars for violations.”
Finnegan assured Shipman that all of the lengthy documentation submitted to the town’s zoning board of appeals is part of the court record.
“The tents went up on April 26 and it’s getting bigger and better there every weekend,” Shipman said. “What do you think it’s going to be like on Memorial Day weekend? Fourth of July weekend? There have to be some consequences for the action they are taking. Where’s my justice? Where’s my neighbor’s justice? Where is the town’s justice?”
Councilman Bob Ghosio said he sympathized. “I understand the frustration. For those of us that watch TV, an issue is presented and one hour later, it’s resolved. We tend to think that’s the way justice could be but unfortunately, the difference between what we do in the private sector and the public, in terms of how long it takes, is distressing at times. But we can’t jeopardize our good position in what the outcome will be. Removing the tents might jeopardize our standing.”
“If we break the law the consequences are much worse,” Councilman Jim Dinizio agreed, adding that “arrogance” would be the word to describe the attitude of the business owners.
Southold Town Supervisor Scott Russell said he receives many complaints about Vineyard 48 and understands the frustration, but due process must be followed.
Peter Sullivan, the Manhattan-based attorney for the winery, could not immediately be reached for comment.
