Jury FInds Operators of Cyril's Fish House in Montauk Guilty of Illegal Expansion: Supe

MONTAUK, NY - The operators of Cyril's Fish House in Montauk were found guilty of illegally expanding the Montauk business, East Hampton Town Supervisor Larry Cantwell said Friday.

According to a release, after a three-day trial, a jury of six East Hampton Town residents found Clan-Fritz, Inc., the operators of Cyril’s Fish House, guilty of 45 of 47 misdemeanors relating to the illegal expansion of the Napeague business.

Judge Steven Tekulsky will sentence the operator on June 20, according to town officials.

Earlier this week, Michael Dioguardi, Robert Dioguardi and Debra Lakind, landlords of the Amagansett property, avoided a trial by entering into a stipulation of settlement with the town, which imposes "strict limits "on the use of the property, and agreed to a $60,000 fine, the release stated.

“The stipulation of settlement with the owners of this property and the 45 convictions of the operator validate the town’s commitment to enforce our public safety and zoning laws,” Cantwell said. “The incremental but vast expansion of this premises was illegal and posed a threat to the public safety. The changes required by the settlement — reinforced by today’s jury verdict — will vastly improve the conditions at the property and increase public safety by limiting the occupancy at this location.”

Terms of the settlement, he said, require that seating at the premises be limited to 62 seats, including 26 interior seats and 36 exterior seats.

The owners of the premises have also agreed that no more than 150 people will be present on the property at one time, the release stated; all food and beverage consumption and service will be in designated areas contained either within the building or within a limited patio area.

The conditions will be effective immediately — and, in addition to the seating and maximum-occupancy covenants, structural changes must be made by May 26, Cantwell said.

Those changes include removal of an outdoor bar that attracted patrons to stand on the shoulder of Montauk Highway.

Also, a patio area and storage containers will be removed, and fencing and vegetative screening will be installed, the release said.

According to Cantwell, the corporate operator of the premises, Clan Fitz, Inc. refused to enter into the settlement and invoked its right to a jury trial, despite the fact that operations at the property are bound by the stipulation of settlement.

“The operators’ lack of cooperation will not impact the duties of the landlords to comply with the stipulation,” East Hampton Town Attorney Michael Sendlenksi said. “The owners have assured us they will exhaust every legal avenue to make their tenant comply as the landlord faces significant penalties, including a $100 per-person fine for each and every person over the 150-person limit on the premises and a $100 fine for each table and chair over the allowed 62."

In addition, the stipulation of settlement will be "so ordered" by the court, so violating the stipulation will mean criminal contempt of a court order, Sendlenski said.

The landlords have filed applications for site plan approval for the modification of the parking areas also required in the stipulation, town officials said.

A planning board public hearing on the modifications is tentatively set for July 13.

If green lighted, the changes must be implemented within 30 days, the release said.

“I want to commend the extraordinary and coordinated effort by Michael Sendlenski and NancyLynn Thiele of the town attorney’s office, as well as our public safety and enforcement agencies led by Betsy Bambrick, Ann Glennon and Dave Browne. This town and its employees are working diligently to restore the quality of life for our town," Cantwell said.

Operators and owners of Cyril's could not immediately be reached for comment.

Photo courtesy of T.J. Clemente.