Accolades go to Smithtown’s Town Board for trying to find a compromise between the residents who live on Brilner Drive and the owners of Insignia Prime Steak And Sushi on Nesconset Highway.
The nightspot has emerged as the “place to go ” for people who are looking for a nouveau contemporary setting and who can afford pricey drinks and fine food. People (including myself) who have visited the premises cannot help but be impressed by the restaurant’s décor and services, which include valet parking.
The restaurant, located at the site of the former Boulder Creek restaurant, has had tremendous success resulting in an increased need for parking spaces.
Therein lies the problem.
In an effort to create additional parking for its patrons, the restaurant owners intruded on a buffer (or scenic easement) that was part of a covenant placed on the property in 1998. The buffer, between the restaurant and the homeowners living on Brilner Drive, was removed and a parking area was created.
The “scenic easement,” was not a merely a promise made to homeowners, it was a legal document. The document, filed with Suffolk County, pledges to the homeowners that the buffer zone cannot be disturbed without their written consent. The document ensures homeowners that the covenant creating the buffer zone is binding for current (1998) and all future owners of the property on which Boulder Creek restaurant is located.
The Town assigned Planning Director Frank DeRubeis the task of finding a resolution to the problem. In other words, make the problem disappear.
The Town also issued a summons to the owners of Insignia for failing to get the appropriate permits required before constructing a parking lot. The hearing for the summons was adjourned. One homeowner requested that parking not be allowed on the contested area until an agreement as to how and where parking will be permitted is reached. A Town attorney agreed to ask the owners to suspend the parking.
Meanwhile the clock is ticking on how much time the planning department is spending trying to find a resolution. (Why are permits so expensive?)
Mr. DeRubeis met with homeowners and explained his plan, which will legitimize Insignia’s parking expansion into the “scenic easement.” The plan calls for a ten-foot earth berm to be created to act as a sound barrier and a light barrier for the residents. The earthen berm is expected to mitigate water problems that might arise in the high water table area. The parking area will be porous allowing water to seep into the ground. In addition, Insignia restaurant will soundproof areas of its facility that back up on Brilner Drive.
If this proposal is acceptable to both parties involved, a document will be created explaining the stipulations and the compromise will be implemented.
There will be a sigh of relief.
“The definition of insanity is doing the same thing over and over and expecting a different result” Albert Einstein
Pat