Since the COVID-19 shutdown in 2020, many local businesses have been permitted to utilize outdoor space under temporary structures to offset the loss of indoor business and allow diners a safe space to patron their businesses.

However, due to what the Village of Patchogue building inspector deemed as the unsafe nature of temporary structures, or tents, the village has decided to reconsider their permitting for such structures on a more permanent basis.

In response, Anthony Yanotti, general manager of Drift 82 located at 82 Brightwood Street in Patchogue, has requested permission to reobtain a six-month seasonal tent permit for a 40-by-50 dining tent to be in the parking lot, with valet parking.

According to Drift 82 owner John Sarno, who also owns multiple local restaurants, he intends on utilizing the tent solely for the summer months to help generate money for the business. The tent is used for regular dining as well as catering for special events like weddings and retirement parties. When a party is being hosted, the regular restaurant is closed to the public.
“Keeping the tent up during our busy months is vital to our success and customers’ enjoyment,” he said during the Nov. 22 planning board public hearing. “We will make any changes that allows us to keep the tent up next year.”

Peter Sarich, village building inspector, explained that Drift 82 is the only restaurant requesting to renew their outdoor tent for the summer of 2023 as of right now. Another local restaurant, the Taproom, is also among one of the spots that had enjoyed the utilization of a long-term temporary structure. Owner James Bonanno said they have since taken down their structure and next summer, if they were allowed to put it back up, they would, but if not they wouldn’t ask for it. The Oar, Off Key Tikki, and Lombardi’s also utilized tents, while places like the Blue Point Brewery often put up and take down temporary tents for each one of their special events.

However, according to Sarich, he and fire marshal are concerned about the safety of temporary structures, especially on the water. The village’s intention was to only allow for the structures during the COVID closures and will now be cracking down on having them removed at all village establishments.

“Tents can be dangerous,” he said, referencing the possibility of lightning strike and high winds. He also mentioned the need for inspections to adhere to safety regulations, including weather rating. The Great South Bay Fest, for example, requires a lot of strategic planning and evacuations to ensure the safety of festivalgoers, he said.

“There is a serious concern of life and fire safety. The use of tents, long term, was not intended to replace traditional building,” reads part of the letter Sarich and the fire marshal submitted.

However, despite concerns, no injuries have been reported due to a tent locally.

There is a statewide fire code that regulates tents, which allows them to be in place for a maximum of 180 days. Local municipalities can be stricter than the state fire code, but not more lenient.

In the Town of Brookhaven, for comparison, their fire marshal requires an inspection for any tent larger than 400 square feet, which looks at wind resistance, snow loads, tie-downs and other means to keep the structure in place and prevent it from collapsing and injuring people. Brookhaven requires that an engineer be on-site from the tent company during the inspection, and for any other periodic inspections if the tent is to be in place for a long period of time.

According to town officials, outside of fire marshal inspections, other things that may affect placement of tents on commercial property could include site-plan issues, minimum parking requirements, and other factors that may impact surrounding areas.

Though Drift has been issued no summons or code violation tickets, the planning board is currently deliberating the possibility of allowing summer permitting for the tent. Aside from the safety issues, they were also concerned with parking, being that the restaurant utilizes part of its parking lot for the tent and dining.

The parking issue, according to Sarno, has been solved with the utilization of the nearby town-owned lot in which residents and non-residents are able to pay to park. Sarno has also implemented a complimentary valet service as well as entered an agreement with the local boatyard for parking throughout the summer months.

Most residents who spoke during the public hearing spoke in favor of the establishment reinstalling a tent during the summer months and attested to the fact that Sarno is a community man. However, a few residents spoke and wrote, in mostly complaining about the loud music and traffic. However, Sarno cited the Davis Park Ferry as the possible cause of increased summer-month traffic and again referenced his successful valet service.

Member of the board Dennis Logan then expressed concern with the restaurant expanding on their original site plan and changing the usage of the site. However, according to the landlord of the property, John Halverson and his daughters, who are hostesses at the restaurant, the establishment regulates the amount of people served and the kitchen can only handle seating about 20 people per half-hour.

“It’s not like they are doubling down. There were zero violations or tickets; they have done everything they have been asked to do and play by the rules,” he said of his tenants. “They agreed to turn the speakers and made changes to be good neighbors.”

With or without the tent, Sarno added that the business is permitted to play live music. However, he and his business partner have decided to change the music, eliminating the percussion and going acoustic, to appease nearby residents.

Local resident and Protecting the Environment in Patchogue co-chair Kaitlyn Jackson spoke on behalf of Sarno’s business, referencing his positive impact on the community and participation in hosting the local cleanup’s Mac and Cheese Challenge.

“Drift 82 is a welcoming space,” she said. “He is a contributing member of our community.”

Another resident and patron, Thomas Montalbano, referenced the revitalization of the property after hurricane Sandy.

“They are good people and good to the community,” he added.

Greater Patchogue Chamber of Commerce president David Kennedy spoke on behalf of himself, stating that he can also attest to Sarno’s giving nature.

“He is always the first person to respond to an email,” he said of Sarno’s willingness to donate to the community also mentioning he recently held the village’s Business Improvement District’s anniversary under the tent.

Mayor Paul Pontieri declined to speak on the issue, referencing that he is waiting for the planning board to come to a determination. The meeting was adjourned for fact finding and further consideration.