A proposal to build a restaurant at the old Suffolk County Water Authority building on West Broadway has one neighboring businessman crying foul, saying the establishment would block his customers’ view of the harbor.

At a Port Jefferson Planning Board meeting on April 16, representatives for property owner The Crest Group LLC and President Enrico Scarda shared plans for the roughly 1/4-acre lot on the north side of the street, right off of the harbor. According to Port Jefferson Station-based engineer Allen Bernhard, the restaurant would include a second-floor outdoor deck with a footprint almost the size of the building itself — just shy of 2,000 square feet. The deck would start on the side of the building and wrap around to the north side, facing the harbor.

At the public hearing, Bernhard said the existing building at the site, which would stay, would block most of the deck when viewed from the south “so it’s not interrupting views.”

Even with planning board approval, the restaurant would still need a permit for outdoor dining from the village board of trustees.

The deck was the main point of contention during the meeting. Attorney Zachary Beriloff, of Ronkonkoma-based Gruenberg Kelly Della, who is representing Schafer’s owner Tom Schafer, said the dining area would actually block the outdoor “observation deck” at Schafer’s restaurant, on the other side of West Broadway.

“It obstructs the view of the water from across the street,” Beriloff said.

But attorney Linda Margolin, of Islandia-based Bracken Margolin Besunder LLP, countered that the issue was a matter between private landowners, not something regulated by the law.

“The issue for this board is not whether the view from Mr. Schafer’s observation deck is important to him,” she said. “I’m sure it is. The question is whether the view from Mr. Schafer’s observation deck is a view of particular importance to the public. … That’s not a public view of significance.”

Beriloff also took issue with three variances the zoning board granted for the project, on the restaurant’s size, parking area and distance from other restaurants. He said Schafer was not properly notified of the proposal and asked the planning board to hold off on any decisions until the matter is resolved.

The board adjourned the hearing, which will resume on May 14.

Aside from the addition of the deck, the proposal does not call for many changes to the outward appearance of the site. Bernhard said the owner would keep much of the original architecture but add large windows on the north side of the building. He also said the owner would plant some trees where possible.

The proposed restaurant could be in limbo for a little while, however, because of a parking issue at the site.
The old water authority building sits at the edge of the Brookhaven Town marina parking lot, with some of the town parking spaces immediately to the north and west of the site and the lot’s entrance to the east. Brookhaven Town has plans to cede control to Port Jefferson Village of those roughly 30 nearby parking spaces in a deal the two municipalities arranged to make up for a deficit of spaces at a mixed-use project up the road, at the historic First National Bank of Port Jefferson. The town owns the bank building and the building next door on East Main Street that used to house the tax receiver’s office and is selling the property to a developer who will put in retail space and apartments. But as the details on that project are not finalized, the marina parking spaces at the harbor are not yet officially in the hands of the village.

There are no other parking spots near the water authority building, possibly linking the fate of the restaurant proposal with that of the parking space deal between the town and the village.