BILL PETERS PHOTO

Five months ago, Penny was found stranded on the beach near the Sands Beach Club in Atlantic Beach, not even a week old with her mother nowhere in sight.

But on Saturday, the young seal pup returned home.

The Riverhead Foundation for Marine Research and Preservation released the now 6-month-old rescued seal off Iron Pier beach as a crowd gathered to see her off. The foundation had nursed the seal, which was still dependent on its mother at the time of its rescue.

As a pup, Penny still needed the nutrients and high fat content that she would normally get from her mother’s milk. Penny was tube fed a special milk replacement formula that helped her gain weight.

The seal can now eat fish on its own and has grown to be a strong enough seal pup to be released, according to the Riverhead Foundation website.

psquire@timesreview.com

CYNDI MURRAY PHOTO | The Glass Greenhouse opened its newly built farmers’ market without site plan approval from the Town, Supervisor Sean Walter said.

Riverhead Town officials are considering taking legal action against the owners of the Glass Greenhouse for illegally operating its newly built Farm Market, a 5,000-square foot, two-story building that features a full kitchen, office space, high ceilings with exposed beams, and an elevator.

A resolution discussed at Thursday’s town board work session, expected to be voted on next Tuesday, states that members have determined the property — located at 1350 Main Road in Jamesport — is in violation of various sections of the town and state code.

The Farm Market, which opened in October and held a grand opening two weeks ago, is currently operating with out a valid certificate of occupancy and outside of the town’s regulations for an agriculture operation, according to Supervisor Sean Walter.

“As much as some people want to believe it meets the town’s zoning, it doesn’t,” Mr. Walter said. “It doesn’t have site plan approval now and I don’t suspect it will get it, since it is not up to code.”

The Glass Greenhouse, which is owned and operated by Walter and Edith Gabrielsen, previously only sold plants and flowers. Three years ago they decided to expand to include a farmers market to sell a variety of fresh and prepackaged foods, manager Amanda Putnam told the Riverhead News-Review in October.

However, much of the products are shipped in from Vermont, Massachusetts and upstate New York, Ms. Putnam said. Moreover, less than 40 percent of the products are made using ingredients grown on site — a direct violation of town code, Mr. Walter said.

The decision to seek legal action against the Gabrielsens wasn’t done with haste, the supervisor said. Walter Gabrielsen’s brother, Councilman George Gabrielsen, said he has recused himself from the matter.

While the site plan has yet to be approved by the town or planning boards, the market was granted a temporary two-month-long certificate of occupancy on Oct. 4, Mr. Walter said.

Without site plan approval from the town, the market opened its doors after receiving a food-processing license from the state Agriculture & Markets Committee on Oct. 11.

Since, Mr. Walter said he has been attempting to contact both the Agriculture & Markets Committee and Farm Bureau president Joe Gergela to determine the town’s next course of action.

When the town’s temporary certificate of occupancy expired on Dec. 4, Mr. Walter said the town still didn’t have a clear plan on how to address the violations.

“It is really not agricultural production,” Councilman James Wooten said in a phone interview Thursday. “When you walk in there, you open your eyes and it’s like a King Kullen. That doesn’t quite make sense to me.”

This is not the first time the town has taken legal action against a business believed to be operating outside town code.

Similarly, in 2010, Riverhead Town took owners of the former A Taste of Country in Northville to court, claiming that its certificate of occupancy is for a farm stand, and that serving hot and cold food — which the business was doing at the time — was not permitted on the site.

Following a two-year court battle, a state Supreme Court judge ruled in favor of the town, according to an October 2012 Riverhead News-Review article.

To bring their operation into compliance, the owners are hoping to expand their business for a second time within the next six months, Mr. Wooten said Thursday. Discussions with the owners revealed the plan to create about 2,800 additional square feet in order to accommodate and sell more products being processed on site, Mr. Wooten said.

“For the most part we want to work with them,” Mr. Wooten said.  “We want to encourage agritourism, but it has to comply with our town code.”

Walter Gabrielsen declined to comment on the resolution.

“I can’t get involved with that,” he said Thursday.

The Town Board is expected to decide if it will take legal action during its next regular session on Tuesday, Dec. 17 at 7 p.m.

The Riverhead Town Board tabled a vote Tuesday night on taking legal action against the owners of Glass Greenhouse, a Jamesport nursery, over the business’s newly built, 5,000-square-foot Farm Market.

Even though members of the Gabrielsen family had attended the meeting to speak out, Supervisor Sean Walter said he suspended the public comment portion of the meeting because of the dangerous road conditions.

He said he and two other board members voted to table the resolution on Glass Greenhouse for the same reason.

Last week, he told the News-Review The Farm Market, which opened in October, is currently operating without a valid certificate of occupancy and outside of the town’s regulations for an agriculture operation.

Mr. Walter said Tuesday night that he still supports the legal action.

The News-Review’s Tim Gannon reported live from the meeting. Click below to see what else happened.

BARBARAELLEN KOCH PHOTO | The Glass Greenhouse Farm Market on Main Road in Jamesport.

After preparing to move forward with a plan to sue the owners of a 5,000-square-foot farm market on Main Road in Jamesport for operating outside the law, Town Board members opted on Tuesday to sit tight on heading to court — at least for now.

During last Thursday’s public work session in Town Hall, a resolution to authorize legal action against the owners of the Glass Greenhouse Farm Market was discussed and was expected to be approved Tuesday night.

But the resolution got tabled Tuesday by the three board members eligible to vote on it.

About a dozen supporters of the project came to speak against the lawsuit plans but couldn’t do so because Supervisor Sean Walter ended the meeting early due to icy road conditions and allowed no public comment.

CYNDI MURRAY PHOTO | The market’s interior as it appeared in October.

Mr. Walter said the measure had been tabled in part because those in attendance didn’t get to be heard.

But, after comparing the farm market to a King Kullen last Thursday — the two-story structure features a full kitchen, elevator, office space and high ceilings with exposed beams — Councilman Jim Wooten said on Tuesday, “I think it’s a bit heavy-handed at this point to go to court. I think it’s time for us to meet with [the owners] and with the Long Island Farm Bureau and work this out, instead of having one more legal action where we’re only going to come to some resolution that we were going to come to anyway through negotiations and cooperation.”

Walter and Edith Gabrielsen own the Jamesport building, and the Farm Market was granted a temporary two-month certificate of occupancy by Riverhead Town on Oct. 4, Supervisor Sean Walter said. The market opened on Oct. 11, though without town site plan approval. The town considered commencing legal action shortly after the temporary CO expired on Nov. 4.

Councilman George Gabrielsen — Walter’s brother — has abstained from any vote related to the property, and Councilwoman Jodi Giglio has been away from Town Hall over the past week due to a family emergency. She was not at Tuesday’s Town Board meeting.

Mr. Walter said he still supports heading to court in this case.

“I walked though the facility and my opinion is that it’s a very high-end, sort of chic grocery store,” Mr. Walter said in an interview after Tuesday’s meeting. “If we were to allow this to happen, then you could do this any place in the Agricultural Protection Zone.”

However, the Farm Market’s location could prove tricky for the town if it attempts to shut the operation down through the courts.

While the entire parcel on which the Farm Market is located sits in the town’s Agricultural Protection Zone, the first 500 feet of the plot — and others in the area along Route 25 — are listed as Rural Corridor, a zone created to “allow a very limited range of roadside shops and services that are compatible with the agricultural and rural setting,” according to town code.

One of the accessory uses permitted in rural corridor zone is a farm stand. But in an accessory use in the agricultural protection zone, at least 60 percent of merchandise sold must be locally-grown — a standard Mr. Walter doubts the operation is meeting.

“If Mr. Gabrielsen wants to have 60 percent locally grown produce, I would support it 100 percent, but clearly when you walk into that building, that’s not what’s there,” he said. “If they had 20 percent locally grown produce, I would be surprised.”

Town Attorney Bob Kozakiewicz offered no comment when asked if the owners of the Farm Market could have found a loophole in the town code — which doesn’t define uses of a farm market in the rural corridor zone — though Mr. Walter said “it doesn’t matter,” as the 60-40 requirement is also mandated under state Agriculture & Markets law.

The supervisor referred to a similar case in 2010, when the town took “A Taste of Country” on Sound Avenue to state Supreme Court for the same reasons and the courts backed the town. That business is now closed.

“If this is okay, then ‘A Taste of Country’ is okay,” Mr. Walter said. “And if ‘A Taste of Country’ is okay, then King Kullen, in theory, could put a supermarket in the agricultural protection zone and the town would have no recourse.”

Mr. Wooten said most of the time when the town takes a business to state Supreme Court, the dispute is resolved by an out-of-court settlement. While he preferred attempting to sit down with the Gabrielsens before litigating, he added that he reserves the right to go to court in the future.

“We can do that without the expense of court,” Mr. Wooten said.

For the time being, Councilman John Dunleavy agreed with Mr. Wooten.

“Sometimes you have to work with people,” Mr. Dunleavy said. He said Mr. Gabrielsen told him he has ordered products that can be grown locally and help meet the 60 percent threshold — but they won’t arrive until spring.

Walter Gabrielsen declined to comment Tuesday when given the chance by a reporter after the meeting. He also declined to speak with a reporter when the News-Review first broke news of the dispute at riverheadnewsreview.com on Thursday.

Mr. Walter said the state Agriculture and Markets Department wants the town to give the business time to meet the 60-40 threshold.

“They applied for this as a farm market, and they are clearly not a farm market,” Mr. Walter said. “They have a building permit. The building is stunning, the parking lot is fine, but why have laws if you don’t enforce them?”

tgannon@timesreview.com

BARBARAELLEN KOCH PHOTO | The Glass Greenhouse Farm Market on Main Road in Jamesport opened to the public in October.

What is a farm stand? It’s such a simple question, yet one loaded with meaning and innuendo. After asking five people (including farmers) and getting five different answers, I thought it best to consult an authoritative source: Agriculture & Markets, the agency that regulates and protects the activities of farmers statewide. What I found was surprising.

A definition of “farm market” is easy to locate, and it’s just as easy to see it doesn’t apply to the business Save Main Road has been asked to comment on: The Glass Greenhouse Farm Market. A “farm market” in New York showcases and sells goods from two or more farmers. Such a market is also typically located on municipal land. When a dozen growers gather in the parking lot along the river downtown to sell their produce to the public, that’s a “farm market.” The Glass Greenhouse store, in our opinion, is not.

About “farm stands,” Ag & Markets has nothing to say. Literally. They have no rules and no policy that define or govern retail operations conducted by a single farm on its own land. When I spoke to an Ag & Markets official to confirm what their law seemed to indicate, she confirmed they defer to town code on this issue.

Riverhead code says little. A paragraph tucked into zoning law restricts farm retailing by what’s called merchandising area: at least 60 percent of the space must be devoted to selling goods grown on the farm where the stand is located. Save Main Road thinks neighboring Southold’s code, which goes into far greater detail on this point, has much to offer; we plan to work with Riverhead officials to improve our code.

Still, the letter and spirit of existing Riverhead farm stand code can be applied in this situation.

Two things concern us: what the law says and the intent of the owner.

THE LAW

Letters in our possession from Ag and Markets suggest Glass Greenhouse owners asked the agency to intercede with the town so they could bypass the site planning and permitting process. (We think that’s how the market got built.) While FOIL research is underway, it’s already clear Ag & Markets argued strongly that routine application of town rules and procedures would “unreasonably restrict the farm operation.” We take issue with this interpretation.

One reason we’re concerned is that Ag & Markets alternates between calling the new Glass Greenhouse operation a “farm stand” and a “farm market” in ways we think facile and inappropriate. The agency shouldn’t say it’s a “proposed farm market” when, by their own definition, it’s not. The requirement that produce from multiple New York farms be presented appears absolute. (Packaged Arizona tomatoes we saw on display don’t count, nor does other imported produce.) We haven’t heard Glass Greenhouse mention the involvement of any other farms.

Additionally, state law heavily emphasizes the public, not private, nature of these markets. An example is that Ag & Markets may provide technical assistance for developing and improving farmers’ markets only to public and private “agencies,” not to individual farmers.

Ag & Markets relied on the only definition of “farm market” in Riverhead town code 108-56, which deals with signs, despite the fact that the definition is “as used in this section,” meaning it applies only to signs.

We think Ag & Markets’ reasoning is similarly weak throughout the documents.

We’re much more disturbed that Ag & Markets failed even to mention the “60 percent rule.” That rule is the clearest statement of purpose in current Riverhead code as to what farm stands may sell, and it appears to have been wholly disregarded.

To apply the rule, look at the store’s “merchandising area” only. For discussion, disregard the entire bakery (which we think is inappropriate and not allowed in a farm stand, and which appears to comprise 20 percent or more of the structure). We believe even a casual observer would conclude the total amount of farm produce offered in the new Glass Greenhouse retail space falls far short of the 60 percent threshold.

OWNER’S INTENT

According to Ag & Markets, the Glass Greenhouse says they need the new facility to provide cooler space to market produce and additionally to sell fresh honey, eggs and free-range chickens. If that were all the new facility sold, there would be no issues.

Walking through as a consumer, I saw a gelato counter 12 feet long (all estimates by my eye), a cheese counter almost as big, 10 feet of candles, 20 feet of displayed bakery goods and rack after rack of manufactured foods and household items from a dozen or more states. My guess is that all actual produce displayed totaled well under 20 percent of the floor area (excluding bakery production).

The new “stand” is 4,500 square feet. We know a local farmer who raises 1,000 laying chickens and sells their eggs — together with other farm produce — in a farm stand of 150 square feet. We’d be surprised if there are enough chickens, eggs and honey in all of Riverhead to make a dent in a 4,500-square-foot farm stand.

Save Main Road doubts that a farm stand of this size, however attractive and well-built, can be profitable if 60 percent of its retail area displays the off-season greenhouse products, chickens, eggs and honey that Ag & Markets claims are the intended items for sale. That said, if and when the owner achieves that critical measure of content, it should be allowed to operate.

Today, it seems to us an ersatz market, a “farm stand” in name only. We don’t think an upscale deli belongs in the Rural Corridor, and we support the town in its opposition.

My favorite North Fork slogan is: “We have the right to remain rural.” Save Main Road is committed to helping farms and farmers, and we enthusiastically support “real” farm stands. This one doesn’t qualify.

Larry Simms owns a home in South Jamesport and is a director of savemainroad.org, an advocacy group dedicated to preserving the character of the Main Road corridor and surrounding areas.

He also serves on the town’s Code Revision committee.

BARBARAELLEN KOCH FILE PHOTO | The Jamesport Meeting House,

Leaders of the Jamesport Meeting House stated its next top priority to restore the historic Main Road building, as the organization hopes to tackle the lecture room wing, “which sorely needs rejuvenation.”

Richard Wines, president of the nonprofit overseeing the restoration, said at the end of last year that the wing on the east side of the building — added in 1898 to the original structure, which went up in 1731 — has interior work that needs to be done namely on the ceiling and floor. Falling and frayed tiles are at the top of the room, while frayed carpets are at the bottom.

“Our goal is to make this room as beautiful as the rest of the building,” he said, adding that over the past year, the yard was re-graded and re-seeded, and an irrigation system was installed.  Mike Hubbard also made a number of improvements to update an electrical system that dates to the 1920s.

Jamesport Meeting House Preservation Trust, according to its website, aims to “keep the Meeting House in community hands and once again make it available for community use.”

The Meeting House is the East End’s oldest religious structure and the oldest building in Riverhead, according to a history written by Mr. Wines, who is also the chairman of the town’s Landmarks Preservation Commission.

BARBARAELLEN KOCH FILE PHOTO | Riverhead’s town code enforcement recently issued a notice of violation to Turtle Rescue of the Hamptons in Jamesport.

You don’t have to be a 5,000-square-foot farm market for Riverhead Town to cite you for violating town code. In fact, your main draw could be as small as a hummingbird or box turtle.

While Riverhead Town Board members recently split on their decision to take the owners of a Jamesport farm stand to court, Riverhead Town’s code enforcement unit recently issued notices of violation to The Baiting Hollow Hummingbird Sanctuary and Turtle Rescue of the Hamptons in Jamesport because neither operation is a permitted use under the zoning of the property where it’s located, according to Riverhead town attorney Bob Kozakiewicz, who is in charge of the code enforcement unit.

Supervisor Sean Walter said he couldn’t speak about specifics of the enforcement actions, but echoed Mr. Kozakiewicz’ sentiments.

“It’s not our intention to chase away the hummingbirds or the turtles. We just need people to come into compliance,” Mr. Walter said.

Mr. Kozakiewicz said the turtle rescue organization has been issued a summons in town Justice Court because it is not a permitted use in the Agriculture Protection Zone in which it’s located.

As for the hummingbird sanctuary, Mr. Kozakiewicz said a notice of violation was issued in order to cover the town in the event neighbors of the sanctuary filed a lawsuit, which they have since done.

The notice of violation states that operation of a hummingbird sanctuary that is open to the public is a prohibited use, and that continuing that use would require a variance from the Zoning Board of Appeals as well as site plan approval from the Planning Board. It further states that if no remedy to the violation is made before Jan. 18, the town may follow through with legal action, though Mr. Kozakiewicz said he does not intend to and the town has not issued a summons to the hummingbird sanctuary.

Councilwoman Jodi Giglio said she was surprised to hear that the town had taken any action at all against the organizations.

“Are you kidding me?” she said when told of the enforcement actions. “We have overcrowded houses all throughout this town and code enforcement is writing tickets to the hummingbird guy?”

Ms. Giglio said she was unaware of the notices issued to the Baiting Hollow Hummingbird Sanctuary, run by Paul Adams on his property on Sound Avenue, and Turtle Rescue of the Hamptons, run by Karen Testa Lombardo from a home on Manor Lane in Jamesport.

Mr. Adams has run the sanctuary for more than a dozen years at his Sound Avenue property , which overlooks Long Island Sound and where he has planted flowers that attract hummingbirds. The sanctuary is open to the public only during the month of August and, according to the orgnization’s website, does not accept donations or an admission fee. Mr. Adams requires visitors to sign a waiver.

Nonetheless, a group of neighbors living along the road leading to the property have recently filed a lawsuit against Mr. Adams and the hummingbird sanctuary.

The lawsuit was filed by Frederick and Debra Terry, Kamal and Sabita Bherwani, and Shawn Hamilton against Paul and Rafael Adams.

Mr. Adams said they are seeking to have the sanctuary closed and they are seeking $3 million in damages. The lawsuit, filed Dec. 23, was not on file at the county center as of Tuesday morning, except for the summary page identifying the litigants. Anthony Tohill, the plaintiffs’ attorney, did not return a call seeking comment and Mr. Terry could not be reached for comment by presstime.

Mr. Adams said the lawsuit raises two key questions: “Does the town code permit me to maintain my property in a natural state as a bird sanctuary? And does the code permit me to receive invited visitors at my residence there, via the established, deeded and surveyed right of way from Sound Avenue?”

He believes the answer to both questions is yes.

As for the turtle rescue, Charles Cuddy, the attorney for Ms. Lombardo, said she brings turtles to the site that have been injured and need to be rehabilitated. She is a licensed wildlife rehabilitator and her work is recognized and endorsed by the state, Mr. Cuddy said, adding that she does all the work as a volunteer and receives no money for it.

There are usually about a dozen turtles on the property at any one time, he said, and she has other volunteers who help.

When a report of an injured turtle comes in, Ms. Lombardo goes out and brings it back to the Manor Lane house.

“The rehabilitation consists of medicating the turtles. It doesn’t consist of her conducting any surgery,” Mr. Cuddy said at a June 27 town Zoning Board of Appeals hearing on the turtle rescue operation. Turtles that need surgery are taken to a veterinarian, he said.

“She keeps turtles that are essentially without any odor, without any noise. They don’t do anything to the neighborhood,” Mr. Cuddy said. “They are without any impact that I can see, and I’ve been there many times.”

Mr. Cuddy said there are many wildlife rehabilitators in the state and many of them operate out of homes.

The turtle rescue had gone before the town Zoning Board of Appeals last year seeking an interpretation as to whether a such an operation can be considered an accessory use.

There was one hearing, during which no one raised any opposition to the operation, and the ZBA application was withdrawn a few weeks later. ZBA members had indicated they wanted to inspect the facility.

Mr. Cuddy said it was withdrawn because one ZBA member, whom he didn’t identify, had indicated that he or she would not support the application.

Mr. Kozakiewicz said he is not aware of any complaints from neighbors about the turtle rescue operation. Mr. Cuddy said one person has complained about it.

The Justice Court case against the turtle rescue is still pending, Mr. Kozakiewicz said.

tgannon@timesreview.com

FILE PHOTO | The Zoning Board of Appeals adjourned its decision last week on the controversial Valero sign in Jamesport. Residents can share their thoughts Feb. 13.

The owners of a controversial illuminated sign at a Jamesport gas station will not get an answer yet from the Zoning Board of Appeals on whether the sign will be allowed, despite the fact that it’s already standing.

Kenneth Robinson, attorney for the owners, told the board at its meeting last Thursday that he believed the Valero gas station sign, at the intersection of Main Road and South Jamesport Avenue, was a continuation of a previously allowed sign that had violated the code.

The owners of the gas station, 801F Realty Corp, have applied to the ZBA for a variance that would allow them to replace the internally illuminated sign with an LED illuminated one in the same location.

The applicant, is seeking the change that would allow a use that doesn’t conform to zoning to be changed to another nonconforming use with the authorization of the board.

But board members took issue with the digital sign, saying the original sign that had been allowed has been replaced with the current sign.

The town took the owners to court over the sign four year ago, claiming it had been built illegally; the case is still pending in state Supreme Court.

“What bugs me is why was the sign put up first and then you come to us for relief?” said board chairman Fred McLaughlin.

Mr. Robinson told the board that the sign had merely been “altered” from the originally permitted one; the board appeared to reject that explanation.

Richard Wines, the chairman of the Riverhead Landmarks Preservation Commission, told the board that the sign was built “obviously, without approval.” The area is especially sensitive due to its history, he said.

The board adjourned a decision on the application to exempt the sign to Feb. 13, when more residents would be able to share their thoughts.

psquire@timesreview.com

BARBARAELLEN KOCH FILE PHOTO | Developer Julius Klein in downtown Riverhead in 2007.

The Calverton company that proposed a long-standing and controversial commercial development project on Main Road in Jamesport has filed for bankruptcy protection.

Jul-Bet Enterprises LLC, owned by Julius Klein, filed for Chapter 11 bankruptcy protection in New York Eastern District Bankruptcy Court on Tuesday, Jan. 21, as did Jamesport Development LLC, in which Jul-Bet Enterprises has 50 percent ownership, and Dollar Storage LLC, another company owned by Mr. Klein.

BARBARAELLEN KOCH FILE PHOTO | The Village at Jamesport is proposed for this property just west of the hamlet’s business district.

Jul-Bet Enterprises has proposed a 42,000-square-foot commercial project called Village at Jamesport for 10 acres on the north side of Main Road in Jamesport, across from the Elbow Room. The land is owned by Jamesport Development LLC.

It’s unclear what impact, if any, the bankruptcy filing will have on the Village at Jamesport development application, for which site plan approval is pending before the Riverhead Town Planning Board.

Riverhead town attorney Bob Kozakiewicz said the town will defer to the bankruptcy court or to an attorney with knowledge of bankruptcy law “to let us know whether we can proceed with processing the application or how we get paid for processing fees and so on.”

A group called Save Main Road has sued the Town Board over a decision granting a special permit to allow bistro and professional office uses in part of that development. That case also is still pending in state Supreme Court courts.

Jamesport Development LLC also owns 34 acres immediately north of that property, on which a 160-unit retirement community had been proposed in the past. That land was later rezoned and current zoning will permit only 15 homes to be built on the 34 acres.

“Our case is against the Town Board firstly and the developer second,” said Larry Simms of Save Main Road, who said the application has not been before the Planning Board in quite a while. The case between the town and Save Main Road is scheduled for oral argument March 12, he said.

“The Planning Board has promised to let us know if any new applications are submitted,” Mr. Simms said. “But if Jamesport Development is bankrupt, it’s a little difficult to see how an architect or an attorney is going to get paid.”

In addition, Jul-Bet Enterprises owns the land on which Dollar Storage, a storage facility on River Road in Calverton, is located. Mr. Klein did not return a call to Dollar Storage seeking comment.

His attorney, Eric Bressler, declined to comment.

The Jamesport and Calverton properties have both been in foreclosure.

BARBARAELLEN KOCH FILE PHOTO | Project detractors packed Town Hall in April 2012.

The Jamesport case, filed by United International Bank on a claim that Jamesport Development LLC and Julius Klein defaulted on a $3.25 million mortgage, was dismissed in 2012 on the grounds that Mr. Klein was not properly served with the foreclosure notice.

The case involving the Calverton property is still active, with the next court date scheduled for Jan. 30. That case is being brought by APC Partners, which bought United International Bank, and claims that Jul-Bet Enterprises, Dollar Storage, Mr. Klein and others defaulted on a $4.5 million mortgage.

In a decision rendered Aug. 12, 2013, state Supreme Court Justice Paul Baisley sentenced 85-year-old Mr. Klein to six months in jail for contempt of court for allegedly failing to comply with court orders requiring him to turn over financial records.

However, that jail sentence was never carried out as discussion of the case continued in court, much of it in the judge’s chambers rather than in a public session. That case is now on hold pending the outcome of the bankruptcy, according to a court official.

The Suffolk County sheriff’s office had seized the Calverton land and was scheduled to auction it publicly on Jan. 21, the same day as the bankruptcy filings. The auction was postponed due to the bankruptcy filing, according to Sgt. Dave Sheehan of the sheriff’s office.

tgannon@timesreview.com

The Jamesport Meeting House. (Barbaraellen Koch file photo)

George Moravek will direct the brand-new Meeting House Chorus, which will rehearse at the Jamesport Meeting House beginning Tuesday, Feb. 25. Weekly rehearsals will be held from 6 to 7:15 p.m.; a concert, “Opening Night (A New Generation of Broadway),” is planned for May 10.

Mr. Moravek, a former music teacher in the Riverhead schools, was instrumental in founding the Riverhead High School Blue Masques and Riverhead Faculty & Community Theatre.

The chorus will sing music from some of the more recent Broadway musicals. While helpful, it is not required for singers to be able to read music.

There is a $25 registration fee, payable at the first rehearsal. Singers are asked to call or email Mr. Moravek by Feb. 20 at masqued88@optimum.net or 284-3310 to reserve a space.

A St. Patrick’s Day parade appears destined for Jamesport, a first for Riverhead Town. (Katharine Schroeder file photo)

In the month of March, there are St. Patrick’s Day parades in Southampton Town, East Hampton Town and Southold Town.

But not Riverhead Town — until now. 

A new group called the East End Emerald Society is planning a St. Patrick’s Day parade in Jamesport March 22 and interest in joining the parade is growing fast, according to Sean O’Neill, one of the parade organizers.

The parade was initially intended to be strictly a Jamesport parade, but they group has since received inquiries from groups as far away as Greenport and Commack that are interested in marching, Mr. O’Neill said.

“Everyone is welcome,” he said.

“I’ve always wanted to have a St. Patricks Day parade in my hometown,” Mr. O’Neill added. “Growing up, I always had to work every March.”

This year, Mr. O’Neill, along with friends John Cuddy, Walter Magee and Brandon Hewes, have put the wheels in motion.

He said they met with Riverhead Police Chief David Hegermiller and town Deputy Supervisor Jill Lewis on Tuesday.

“They pretty much gave us the nod if we can provide the insurance certificate, and we got a quote for the insurance price today, and the four members of our committee agreed to it,” Mr. O’Neill said.

The parade would have the same route as the annual Jamesport Fire Department parade, running from Washington Avenue to South Jamesport Avenue on Route 25 in Jamesport.

“This will be the first St. Patrick’s Day parade ever in Riverhead Town,” Mr. O’Neill said.

While Riverhead is known for Polish Town, the U.S. Census says there are actually more people of Irish descent in Riverhead Town than of Polish descent.

The March 22 parade will be on the same day as the St. Patrick’s Day parade in Hampton Bays, but that parade starts at 11 a.m. and the Jamesport parade is slated to start at 1 p.m.

And bad weather won’t stop it.

“Rain or shine, we’re marching,” Mr. O’Neill said. “There’s no rain date.”

tgannon@timesreview.com

George Moravek directing the first rehearsal of the Jamesport Meeting House Chorus last Tuesday night. (Credit: Barbaraellen Koch)

AQUEBOGUE, JAMESPORT, & NORTHVILLE

I’m sure the Cassatt String Quartet at the Jamesport Meeting House was very well attended. I hope you had a chance to go and enjoy the first musical event of the 2014 season. 

There are still some spaces available if you are interested in joining the Meeting House Chorus. The first rehearsal was last week and they still need some men to join. I missed the first rehearsal but am hoping to go this week. The chorus offers a wonderful opportunity to sing a variety of music, including songs from shows like “Spamalot,” “Wicked,” “The Producers” and “The Lion King,” among others. Rehearsals will be held most Tuesdays from 6 to 7:15 p.m. An “Opening Night” concert will be held May 10 at the Meeting House. If you’re interested in joining the chorus, email director George Moravek at masqued88@optimum.net or call him ASAP at 631-284-3310. A $25 registration fee, to be brought to the first rehearsal, covers the cost of music and any other incidentals needed for the concert. I sent George an email because I love to sing and I love the Meeting House. Come and join in the fun!

The food pantry at Our Redeemer Lutheran Church is open Thursdays from 10 a.m. to noon. They need volunteers to help out one day per month to give food to needy families in our community. If you are interested, call Linda at 334-1069.

The Jamesport-South Jamesport Civic Association met March 1. Thanks to all those who were able to attend the meeting. For detailed minutes of what was discussed and accomplished, email Angela Devito at angela13236@optonline.net.

The countdown to spring is just 14 days! It has been a very long winter. Johanna and I planted some bulbs indoors and two weeks ago a few of the paperwhites were beginning to bloom. Other bulbs were also sprouting but not quite ready to bloom — at least not three weeks ago. We have been in NYU for a few weeks now and Johanna has had a lot of surgeries. I am anxious to get her home to see our indoor garden. I’ll tell her that the spring blooms are just for her; a sign of hope of good things to come!

Even if we have one or two more snowfalls, remember the snow won’t last and spring is just around the corner! Warmer, sunnier days are ahead! I miss the North Fork skies — even in this winter they beat the Manhattan skyline from a hospital window, even with glimpses of the bay. Keep looking up and have a beautiful week.

Contact Eileen Benthal at eileenbethal@gmail.com or 833-1897

A green beard made for a festive march in Saturday’s St. Patrick’s Day parade in Jamesport. (Credit: Katharine Schroeder)

Three months ago, the idea of holding a St. Patrick’s Day in Jamesport was just that: only a thought.

But after weeks of hurried preparation, a series of rushed moves to raise funds and support from local politicians and businesses, hundreds lined along Main Road Saturday afternoon and watched the East End Emerald Society’s parade march by, the first St. Patrick’s parade in Jamesport. 

Now, the newly formed group is looking to use the success of the parade as a springboard toward setting up scholarships for East End students.

“It’s not over today,” said founding member Walter McGee as the parade wrapped up. “We’re going to continue to have charity events and fundraisers … This gets us started.”

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The parade kicked off at 1 p.m., with members of the Emerald Society and the Jamesport Fire Department kicking off the festivities. As horses decked out in green hats and marching bands walked by, attendees said they were glad to be a part of what they hope will be a new local tradition.

“We always went to all the other towns because Riverhead never had [a parade],” said resident John Cook as he held his 19-month-old son in his arms. “I think it’s wonderful. We’re looking forward to watching it grow.”

Mr. Cook’s 5-year-old daughter, Giselle, said her favorite part of the parade was when the fire trucks blared their sirens and “all the noises came out.”

Drew and Tiffanni Averette took their baby boy Thomas to the parade, his first one.

“It’s nice to have more parades out here,” Mr. Averette said in front of Duffy’s Deli.

Across the street, Maggie Byrne of Jamesport was making her way through the crowd. Her family — descendants of Irish immigrants — settled in Jamesport because of how closely it resembled her home country, she said.

She was excited to see so many people at the event.

“Oh, it’s a great idea,” she said.

Ms. Byrne said she went to the 10th annual Cutchogue St. Patrick’s Day parade last week but declared “this [one] is almost as spirited.”

Town Supervisor Sean Walter, members of the Town Board and Assemblyman Anthony Palumbo were also in attendance, and handed proclamations to the parade’s first grand marshall, 88-year-old Jack Cuddy.

Mr. Walter declared his hope that the parade will hopefully grow to surpass Montauk as the premier St. Patrick’s Day parade on the East End.

Mr. McGee, the parade organizer, said it’s that kind of endorsement that will make his group’s job easier in the months to come.

“It gives us legitimacy,” he said. “All we want to do is promote the health and wellbeing of the East End.”

psquire@timesreview.com

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Police investigate the scene of the fatal accident Jan. 16 in Laurel. (Credit: Rachel Young, file)

Police say vehicle paint particles found on a Jamesport man who was hit by cars and found dead in January indicate a third vehicle — possibly the one that took his life — might have been involved.

The drivers of a car and SUV that hit James Callaghan stayed on scene that foggy Jan. 16 morning, and told police the victim was lying in the roadway when they struck him on Main Road in Laurel.

They are not suspects in Mr. Callaghan’s death, police said.

On Thursday, investigators revealed that “blue metallic and clear coat finish particles were removed Callaghan’s clothing,” according to a release from Suffolk County Crime Stoppers, which is offering a $5,000 reward for any information leading to an arrest.

Police also said it’s still possible Mr. Callaghan suffered from a medical emergency before the blue vehicle hit him and fled the scene — if there even was a third vehicle.

Detective Sergeant John Sinning said the paint particles were discovered through a lab. He described them as “almost microscopic,” and not enough to determine a model or make of the possible car.

Sgt. Sinning also said there’s the possibility Mr. Callaghan picked up the particles from the roadway and there is no third car; but they are investigating the third-car theory.

Autopsy results that might indicate a medical incident were not available to Sgt. Sinning on Thursday for comment.

Anyone with information is asked to call (800) 220-TIPS or Southold police at (631) 765-2600.

Calls will be kept confidential.

mwhite@timesreview.com

The Village at Jamesport is proposed for this property just west of the hamlet’s business district. (Credit: Barbaraellen Koch, file)

A 44-acre Jamesport property that has been the subject of a controversial development proposal is now being offered for sale as part of a bankruptcy proceeding.

And the company that’s marketing the property has highlighted the value of excavating sand from the property.

A company called GA Keen Realty Advisors LLC has an advertisement in the New York Times Wednesday offering the 43.6 acres on Main Road in Jamesport as a “bankruptcy sale.” 

The ad says the land has “approvals in place for 42,000 square foot mixed use commercial center plus potential for additional development,” and it says the “sale includes valuable sand deposits.”

“The property also includes a significant amount of sand that can be excavated on the forward 9.7 acres,” GA Keen Realty Advisors Co-President, Matthew Bordwin said in a statement. ”The sand alone is in strong demand and can be extremely valuable.”

A call to GA Keen Realty Advisors seeking comment was not immediately returned Wednesday.

In January, the owners of the property, Jul-Bet Enterprises LLC, which is headed by Julius Klein of Calverton; and Jamesport Development LLC, of which Jul-Bet Enterprises is 50 percent owner, both filed for Chapter 11 bankruptcy protection.

The 43 acres includes two properties, which are both owned by Jamesport Development LLC, according to town records.

A 42,000-square-foot commercial project called Village at Jamesport has town approval to be built on an 10-acre parcel that fronts Route 25 across from Elbow Room Restaurant.

The Town Board also approved a special permit for the project to allow bistros, and professional offices in the project, although that approval has been challenged in court by a neighborhood group called Save Main Road.

“I’m not surprised,” said Larry Simms, a director of Save Main Road in an interview. “We’ve been following the various bankruptcy proceedings and this whole thing seemed inevitable. We’re also disturbed but not surprised to see that the valuable sand depositions on the property are a focal point of the real estate offering.”

Bill Duffy, the attorney for the town Planning Board, said Wednesday that the developers don’t have any approvals. He believes the approvals for the two special permits have expired, since they were granted more than a year ago and the work has not begun.

Mr. Duffy said the developers need to have an approved site plan, which they don’t, in order to be allowed to excavate sand from the property, and the town charges developers $2 per cubic yards of sand taken off development sites.

A 160-unit retirement community has previously been proposed on a 34-acre parcel to the north. However, that land was later rezoned and current zoning will permit only 15 homes to be built on the site.

The Jamesport property was the subject of a foreclosure case brought by United International Bank on a claim that Jamesport Development LLC and Julius Klein defaulted on a $3.25 million mortgage. But that case was dismissed in 2012 on the grounds that Mr. Klein was not properly served with the foreclosure notice.

A separate foreclosure case involving property Jul-Bet Enterprises owns in Calverton, including the Dollar Storage property on River Road, was still pending. APC Partners, a company that bought United International Bank, claimed Jul-Bet Enterprises, Mr. Klein and others defaulted on a $4.5 million mortgage.

In an Aug. 12, 2013 decision in that case, state Supreme Court Justice Paul Baisley sentenced the 85-year-old Mr. Klein to six months in jail for contempt of court for allegedly failing to comply with court orders requiring him to turn over financial records.

The jail sentence was never carried out as discussion of the case continued in court, and the case was put on hold pending the outcome of the bankruptcy, according to officials.

Mr. Klein’s attorney, Eric Bressler, has said he does not comment on pending court cases.

tgannon@timesreview.com

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Riverhead police say a 42-year-old man who was drugged up and driving an ATV led officers on a brief chase in Jamesport Tuesday morning before crashing and then lunging for an officer’s radio and handgun while resisting arrest.

Police were called to the area of Washington Avenue around 11:45 a.m. for a reports of “an intoxicated male operating a quad on the roadway” according to a press release.

There they encountered James Lebkuecher riding a trike on the road, police said, though he refused to pull over and instead headed north on the vehicle. He crashed off Herricks Lane a short time later.

That was where police said he lunged at an officer’s gun and radio.

Mr. Lebkuecher was arrested and charged with driving while ability impaired by drugs, resisting arrest, attempted criminal possession of a weapon, robbery and multiple vehicle and traffic violations, police said.

His trike, which police said was unregistered, was impounded.

Mr. Lebkuecher was also arrested for drugged driving in 2010, the News-Review had reported, though the status of that case could not be immediately determined.

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Ahh, to live in May 1984 again.

Reagan was president. Swale won the Kentucky Derby. Video stores were opening all over the East End. 

Our Throwback Thursday is an advertisement for the grand opening of Southold Video,  Jamesport Bike and Video and Southside Video in Southampton, published in the News-Review 30 years ago this week .

The ad encourages folks to sign up for a lifetime membership for just $100. It also offers the service of renting home video equipment, complete with technicians.

Front Row Video in Southold, the last indie video store on the North Fork, closed in February 2010

This vehicle crashed into a fire hydrant, then a tree Saturday morning on Sound Avenue in Jamesport. (Credit: Jamesport Fire Department)

A single car accident in Jamesport Saturday morning sent one man to a local hospital, Jamesport Fire Officials said. 

The vehicle was traveling eastbound on Sound Avenue when it appeared to cross the westbound lane, struck a fire hydrant and then a tree head-on at about 7:18 a.m. east of Manor Lane, officials said.

Riverhead and Southold Police officers responded along with Riverhead Volunteer Ambulance members, who treated the man and transported him to a local hospital. Fire officials did not provide an update on the man’s condition.

The Riverhead Town Water Authority responded to the scene to assist with shutting down the leaking hydrant.

After she was missing for six months, Charlie was reunited at home in Mattituck with Kayla and Greg Masem and 18-month-old Wyatt.
(Credit: Barbaraellen Koch)

After escaping from her Mattituck home in November, 5-year-old Charlie heard her name for the first time in six months on Friday.

With a wagging tail and lots of kisses, the settler/pointer mix was undeniably happy to be finally recognized by someone, anyone — in this case, a staffer at the Southold Animal Shelter. 

“When I called her Charlie for the first time, she was excited,” said Gabby Glantzman, the shelter’s manager.

Prior to her capture, the runaway pup was already the talk of the animal shelter, which is run by North Fork Animal Welfare League. For weeks, the staff had received phone calls about a black-and-white dog spotted running loose from Mattituck to Jamesport.

To rescue the wayward and reportedly skittish pooch, North Fork Animal Welfare League’s Riverhead staff set up a dog trap near Herricks Lane in Jamesport. After a few weeks, she was finally captured on Friday.

Confused and scared, Charlie’s identity was unknown when she was first picked up. She was also suffering from two tick-related diseases and an injured leg. But her attitude soon changed when Ms. Glantzman recalled an old “lost dog” poster hung at the shelter over the winter.

“As soon as I saw her I said, ‘That is the dog from the lost poster,’” she said. “I said, ‘Charlie?’ And she looked up at me so happy, like ‘You know me!’”

Executive director Gillian Wood Pultz then went through Lost and Found Pets of Long Island‘s Facebook page, a site dedicated to helping reunite animals with their owners. After searching many months of posts, she was able to find the one on Charlie.

Ms. Glantzman then contacted the dog’s owners on Facebook.

Their response was just as priceless as Charlie’s.

“It was wonderful to see their reaction,” Ms. Glantzman said. “It was just amazing.”

The next morning, the owners — including an 8-months pregnant Kayla Masem, her husband Greg Masem and their 18-month-old son, Wyatt, reunited with Charlie at the shelter.

The joyous moment was caught on video with tears, hugs and laughs all around.

“I was shocked,” Ms. Masem said. “It was a really bad winter when she was running around. We’re from Arizona, so she’s never seen the winter. We told her she better not complain about it next year.”

The Masem family moved from the desert to Mattituck just six months before Charlie’s escape. Mr. Masem had adopted the dog in Phoenix after her former owners threatened to leave her on the streets — not an uncommon occurrence in that city, he said.

Charlie had quite the adventure during her six months roaming the North Fork. Although she refused to come close to people while on the loose, she became well-known in the areas she traversed, from Mattituck to Jamesport — mostly between Route 25 and Route 48. She even seemed to make a few friends.

The shelter’s staff believes Charlie was fed by other people. Her owners said she hadn’t lost a pound since the day she escaped from her leash outside their North Riley Avenue home.

Oddly, the Masems themselves spotted Charlie just two weeks before her capture when she ran in front of their car near Harbes Farm on Sound Avenue.

“We couldn’t believe it,” Mr. Masem said. “She was running down the farm field before we could get to her.”

Now that Charlie is back home, her energy level is just as high as it was before she escaped — and she’s more affectionate than ever, spending a lot of time cuddling with Wyatt.

“Wyatt just wants to be with her all the time,” Mr. Masem said. “We are very excited she’s home.”

cmurray@timesreivew.com

Aria Saltini (center) won first place in Saturday’s Riverhead Idol competition. Lia Schellinger (right) won second place and Megan Schlichting won third place. (Credit: Tim Gannon)

Riverhead, we have an Idol.

Aria Saltini, a junior at Riverhead High School, won the 2014 Riverhead Idol competition Saturday night at the Riverhead Town Senior Center in Jamesport.

The theme this year’s event was “The Art of the Remix,” with the performers taking older songs and making them new.

Ms. Saltini, 17, of Jamesport took the crown after singing “Hallelujah.” The song written and first recorded by Leonard Cohen in 1984 — about 13 years before Ms. Saltini was born.

Second place went to 12-year-old Lia Schellinger, a seventh grader at Riverhead Middle School. She sang Adele’s 2011 hit, “Someone Like You.”

Megan Schlichting, 13, an eighth grader at Riverhead Middle School, won third place after singing, “Wind Beneath My Wings.” The song was a hit for Bette Midler in 1988 and for Lou Rawls in 1983.

This year marked the 11th year for Riverhead Idol, where local teenagers show off their singing abilities, a la American Idol.

Riverhead Councilman Jim Wooten was the master of ceremonies, as he has been for each event. The judges were Barbara Blass, Bobby Brown, Dee Martin, Carol Sclafani and Marion Stark.

A total of 19 singers participated. Last year’s winner, Taylor Burgess, made a cameo appearance and sang “Breathless.” The group of young competitors also sang a song together that was a mix of Lorde’s “Royals” and MIA’s “Paper Planes.”

Scroll down to watch the performances. 

tgannon@timesreview.com

Aria Saltini

Lia Schellinger

Megan Schlichting