The Oyster Bay Town Board plans to vote Tuesday on a special-use permit to allow a controversial hotel to be built in Jericho.
The vote comes as the town has charged one of the applicants with multiple code violations. Kimco Jericho MI LLC, an affiliate of New Hyde Park-based Kimco Realty Corp. — which owns the Milleridge Inn and surrounding property that is part of the proposal — was charged with 11 counts of code violations. The counts include charges of violating codes related to permitted uses and public assembly, according to court and town records.
Kimco Realty owns the Jericho Commons shopping center, which includes the Milleridge Inn restaurant. The hotel application was made by five companies affiliated with Kimco.
Oyster Bay spokeswoman Marta Kane said in an email last week that the companies, Kimco Jericho MI LLC and Milleridge Ventures Inc., were issued summonses by the town on March 22.
Supporters have said the project would "save" the Milleridge Inn, whose parking lot includes the site of the hotel.
Milleridge Ventures, formed in 2015 by Isaac “Butch” Yamali and attorney Anthony Capetola, operates the restaurant. That company was charged with seven code violations.
Kimco Jericho MI and Milleridge are due to be arraigned on the charges in Nassau First District Court in Hempstead on May 13.
Nicholas Brown, Kimco Realty vice president of development for the Northern region, did not respond to a request for comment.
Yamali said in a text message the violations were related to permit issues that predated their lease of the restaurant.
Deputy Town Supervisor Gregory Carman Jr. said the open code violations won’t affect the board vote.
“This application is going to be judged on its own merits,” Carman said. “It’s separate and apart from any outstanding code violations. It’s unrelated.”
Kimco is seeking a special-use permit from the town to allow it to build a three-floor Marriott Residence Inn in a rear parking lot of the Jericho Commons shopping center, which it owns. The project needs a variance from the town because it would provide 552 fewer parking spaces than the 2,128 required under the town zoning code. Area residents concerned about traffic, parking and privacy have organized to stop the project.
Residents and union workers clashed at a Jan. 29 hearing on the proposed hotel that filled Town Hall beyond capacity. A cellphone video of an incident before the meeting showed a man throwing people’s backpacks off seats in Town Hall and cursing. The incident prompted the town to review its security procedures.
More than five dozen people spoke at the hearing, with more than two-thirds speaking in opposition. Opponents have filed more than 1,000 petitions to the town, with most of them signed by Jericho residents and notarized. Supporters of the project also filed petitions to the town, with hundreds of signatures coming from many places, predominantly in Nassau County, though some did not include complete addresses.
The meeting is scheduled for 7 p.m. at Oyster Bay Town Hall.