Town Seeks Compromise - Residents Seek Peace And Quiet - Insignia Seeks Parking

Can A Compromise Pave the Way for Restaurant’s Parking 

Town Board presents possible solutions to Insignia and residents alike

By Chad Kushins

After weeks of residents expressing concern and skepticism, compromises have been presented by the Town of Smithtown to the owners of popular upscale restaurant, Insignia, hoping to amicably pave the way for the eatery’s request of a larger parking lot while securing the privacy and quality of living to nearby neighbors.  

Last week, the owners of the steak and sushi house made their case before the Town Board, their presentation quickly countered with a similar compromised proposal from the Planning Department.  Under the Town’s proposal, a buffer would be constructed in the back of the eatery, creating a sound barrier for the homes located directly behind the structure.  

Over the past few months, the owners of the popular eatery have faced the criticism of local residents, many of whom claim that Insignia’s patrons have been parking along the nearby residential streets when the provided spaces maxed past capacity.  In addition, homeowners living directly behind the restaurant – which stands at the former location of Boulder Creek Steakhouse on the corner of Nesconset Highway and Mount Pleasant Road – have faced noise pollution, claiming that a sound buffer would be needed to ease the negative effects of having a packed restaurant in such close proximity.  

At the March 22^nd meeting, held at the Eugene Cannataro Senior Citizen Center in Smithtown at 7:00pm, the owners made their presentation, angling for the needed variances which would allow the parking lot expansion.  In response, the Planning Department presented their possible compromise – the sound buffer that residents had been hoping for, but with an added stipulation.  According to the Planning Department, Insignia would be allowed to install not only the 51 additional spots originally requested, but rather, 105 spots, stating that the initial number would prove too low to accurately remedy the problem.

“We appeared before the Board of Zoning Appeals [BZA] to reduce the buffer,” Insignia’s attorney, Donald King of Kings Park told Smithtown Matters.  “[Town Planning Director Frank DeRubeis] came up with a plan that we think will work … It’s a pretty good plan, but we would just have to tweak it.  We need to make sure it’s workable and , hopefully, the Town Board and the BZA will approve the buffer.”

According to King, for a grand total of 227 parking spots, Insignia would have to agree to construct a buffer separating the restaurant from the nearby houses. The plan reduces the current buffer from 100 feet to 80 feet. Initially, Insignia’s owners had sought to reduce the buffer zone from 100 feet to 58 feet in order to increase their parking spaces.  In the reduced 80-foot buffer zone, Insignia’s owners would be responsible for installing a 10-foot high, 50-foot wide buffer, called a “berm”.  This structure would be planted with trees and landscaping, capable of absorbing water, and similar to the one at Hidden Ponds development across Route 347. 

In previous interviews with Smithtown Matters, both Planning Director DeRubeis and Assistant Town Planning Director David Flynn outlined the major factors involved with the restaurant’s requests.  According to both officials, the initial Insignia variance consisted of two elements – setting the standing parking lot from 100 feet down to only 50 feet, which created more room for additional parking spots, yet brought the restaurant’s daily business ever closer towards the residential community.  Additionally, Insignia’s variance called for “altering what has been deemed ‘environmentally sensitive land,’” according to Flynn,  groundwater concerns on the property had previously mandated strict zoning codes.

“When Boulder Creek had its original zone changes, there was the 100-foot buffer on the structure’s north side,” DeRubeis told Smithtown Matters.  “When the owners converted the restaurant into Insignia, changes were made to that site plan – something that would have come with its own restrictions … whenever someone constructs a parking lot in town, one of the major standing restrictions is that it cannot be done on an area with less than 10 feet of groundwater.”

As previously reported in Smithtown Matters, the property on which Insignia now lies was already labeled environmentally sensitive due to its current groundwater table of less than 10 feet below the surface.  The owners previously received a summons for building an additional gravel parking lot without the granting of necessary permits.  Upon receiving the summons, the restaurant’s owners filed an application for an area variance to expand the parking lot and reduce the buffer from 100 feet to 50 feet, increasing the restaurant’s parking past what is required under town code.

According to local resident Larry Vetter, whose house runs directly behind Insignia’s back parking lot where the proposed buffer would lay, concern began when the switch was made from Boulder Creek’s family steakhouse format to Insignia’s upscale reconstruction.  Originally promised that the restaurant would remain the same size with little alteration, it soon became apparent to he and other residents that the construction would enhance the size of the full structure.  

Additionally, residents were worried about the groundwater aspects, including possible sewage runoff, but the Town’s recent compromise could set homeowners’ minds at ease.

“One of the things that came out of the town meeting that [residents] were unaware of was that the Planning Department was working on its own ‘compromised’ plan,” said Vetter.  “It’s definitely a better plan, a good alternative … My initial review is that Mr. DeRubeis’ new plan isn’t a bad idea – as long as the berm is constructed as it was described.” 

Although, according to Vetter, some residents are still skeptical, the Town’s latest compromise works to address both the parking problem and the environmental concerns.  “Plus,” Vetter continued, “a berm would solve many of the groundwater problems.”

Following the Town Board meeting, DeRubeis welcomed residents from the neighborhood behind Insignia to his office, hoping to clarify his plans and set their concerns at ease, a gesture of community outreach that Vetter claimed was “pretty good” in its attempts to outline the berm construction.  

“All of the residents who were most concerned were [at the meeting], said Vetter.  “We all agreed, in principle, to Mr. DeRubeis’ plan – provided that the Town follows through with what they presented to us.”

In regards to the groundwater and sewage concerns, Vetter added, “A couple of the residents were concerned with sewage pump-outs.  When the structure was still Boulder Creek, there were incidents with the sewage system, but it’s been pretty regular since the switch.  But, that’s really the concern of the Suffolk County Health Department … As far as our major concerns, it’s in the hands of the Town at this point.”

“We met and reviewed [the Town’s] plan,” said Brilner Drive resident Laraine Rossi.  “As a group, we made some suggestions that we thought were reasonable …  Mr. DeRubeis is planning to meet with Insignia’s attorney, Donald King, to discuss some of our ideas for the plans and we’re just waiting to see what comes of that.”

This week, Insignia attorney King also appeared before district court for the initial parking lot summons, although details could not be given as the matter is ongoing.  Insignia’s owners and representatives will go before the court again on April 10^th.  

No further appearances are needed to move forward with the new buffer, although Insignia is awaiting the approval of both the Town Board and the BZA.