Restaurant in row over illegal parking

An upscale Smithtown restaurant illegally added dozens of parking spaces after opening last fall, Town of Smithtown officials said Monday.

The owners of Insignia Prime Steak and Sushi at 610 Smithtown Bypass laid down a gravel-style material for parking in a 100-foot buffer zone between the restaurant and seven nearby homes, town planning director Frank DeRubeis said. The restaurant was issued a summons, he said.

An attorney for owner Anthony Scotto, who also owns the popular nearby Watermill Caterers, said a contractor added the parking without Scotto's knowledge. But he said the spaces were needed because of Insignia's popularity. The restaurant has about 100 permitted parking spaces.

"Now we're looking for another 51 spaces," said attorney Don King of Kings Park.

The restaurant is using valets to park cars elsewhere "and still needs additional parking," King said. "The parking overwhelmed the place. The number of cars there is beyond belief."

Scotto is asking the town to approve a new site plan reducing the buffer to 50 feet in order to accommodate the 51 additional parking spaces. He also wants a related variance to allow parking on the land, which is restricted because it is fewer than 10 feet above groundwater, DeRubeis said.

The town Board of Zoning Appeals will hear the variance request at 7 Tuesday at the Eugene A. Cannataro senior citizens center, 420 Middle Country Rd. The Smithtown town board will hold a public hearing on the site plan request on March 22.

DeRubeis said he would not recommend approval of either request because there is "more than enough" parking for the restaurant. He said the parking shortage is caused by Insignia's bar, which was supposed to be a waiting area for restaurant patrons but instead attracts additional customers.

He said the additional parking spaces occupied half of the 100-foot buffer zone, but could not be seen from the street because of a row of shrubs. Legal proceedings on the summons would be adjourned pending the outcome of the zoning requests, DeRubeis said.

Responding to neighbors who have complained of noise coming from Insignia, King said Scotto had offered to build a barrier between the restaurant and nearby homes to reduce noise from the restaurant, even though he doesn't think it is needed.

"We don't believe there's any noise emanating from the restaurant," King said. "Mr. Scotto is willing to put a wall up -- one of those soundproofing walls -- whatever will satisfy the neighbors."

King said he would present a noise study at tonight's meeting.