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Northport Fish & Lobster Co. forced to stop work amidst unpermitted construction and health-related complaints

Business

by Chrissy Ruggeri | Fri, May 7 2021

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After many months of addressing complaints from neighbors and patrons, Roland Buzard, the Northport Village Administrator, announced to the Board of Trustees at its meeting on May 5 that the “cat and mouse game” with the Northport Fish & Lobster Company is over.

The back and forth between the village and the fish market started in October 2020, when the Village discovered that work at the market was being performed without proper permits in place. A stop work order was issued and market owner Eric Gusew was told to go through the necessary channels before continuing construction. Gusew, who has owned the business for approximately 35 years, was hoping to update and renovate the space, which has been used as a fish market since the 1960s.

Through the winter months, Gusew received several violation citations for working outside of the permit scope, constructing an attached addition (including a lobster tank expansion and walk-in freezer) without permits, having exposed wiring and an electrical panel, and installing a gas furnace and electric without permits. Fines are up to $1,000 per violation and Gusew is to appear in court on June 7, following a postponement from the initial April 4 court date.

The Department of Agriculture and Markets, which has authority over the market and sales of fish, was called to the fish market at least nine times since October. The Department’s inspection results declared the fish market a Level C (out of A, B or C), with “critical deficiencies.”

Fish market inspection reports posted by the Department of Agriculture and Markets include a list of deficiency descriptions, from October 23 and December 21.

October 23:

  • The single bay sink in the front service area is improperly used for both warewashing and handwashing, and it leaks water on the floor. The flexible spray wash hose is also soiled across the hand contact surfaces.

  • The door of the outside walk-in freezer is in disrepair and requires to be propped up at all times to remain closed shut.

  • The outside area behind the building is improperly maintained with accumulation of unused equipment and building materials.

  • The ceiling inside the ice room exhibits an accumulation of grime.

December 21:

  • Ready-to-eat shrimp is improperly stored next to raw scallops inside a seafood display case in seafood service area.

  • The ice machine chute dispenser and surrounding surfaces inside the seafood walk-in cooler exhibit an accumulation of yellow and black mold-like residues.

Although the Department of Agriculture and Markets returned to the location several times to check progress, and wrote up several deficiencies, they refused to close the business or take further action, according to Village officials. In the meantime, there have been health-related complaints from residents who claim to have become sick after consuming foods purchased at the fish market.

Issues surrounding the fish market have hit close to home, with numerous resident complaints made to the Village board. Meeting minutes show that on several occasions, neighbors of the market have spoken out about the construction, garbage being dumped on neighboring property, and the increasingly hostile environment.

Josephine Rizzoni, a concerned resident, spoke at the February 16 Village meeting and asked why the market got away with starting work without getting the proper permits. She added that the situation is a disgrace and a concern because other residents would not get away with these actions, but the market is receiving leeway.

The market’s neighbor, Joseph Sabia (who owns Sabia’s Car Care), has been very vocal about his concerns regarding Gusew’s unpermitted structural changes. At the March 17 Village meeting, Sabia asked Mayor Damon McMullen why the work continues despite the many violations when it should be shut down. Sabia explained that he has relied on Village police to resolve issues and threatening encounters with Gusew.

In an interview with Newsday that same month, Gusew explained that he was trying to do work on the property so that both customers and neighbors are happy. He apologized that neighbors were upset, but asked that they have patience with him as he tries to remedy the situation.

Mayor McMullen, Mr. Buzard and Mr. Don Tesoriero, the Assistant to the Mayor, attempted to work with Gusew to get him up to date on permits and allow for the market to finish construction in a timely and orderly fashion. “We are doing everything we can within law to help this along safely and quickly,” the mayor said at the March 17 Village meeting.

That sentiment changed drastically at this week’s meeting, when Mr. Buzard said he “can’t manage the individuals that run the market anymore.”

“We thought we had them in line with their permits, with their correct scope of work, but they continue to step outside the scope of work and have just become a real nightmare to try to manage,” he said. “They’ve worked outside of our wishes, they’ve worked outside of our local code.”

On April 13, the Village revoked the market’s permits and issued another stop work order. Since then, more violations have been issued. The fire marshal, John Gallo, reviewed the site on April 17 and cited approximately eight violations that need to be corrected, allowing thirty days to meet compliance by law. The Journal reached out to both the marshal and Village administrator for information on the specific violations, but has not received an answer.

“I intend to follow this to the end, and so does Don. We are at our wit’s end,” said Buzard at the meeting.

Village officials are now waiting for the June 7 court date and hope that the judge will seek an appropriate resolution. This week, Mayor McMullen reached out to Senator Jim Gaughran’s office and put him in touch with Buzard in the hopes of implementing more aggressive enforcement through the Department of Agriculture and Markets. The department has been notified of health-related complaints from market patrons and they are planning to write additional violations.

When asked about the fish market issues over the past several months, Trustee Dave Weber told the Journal, “I have the utmost confidence in how our Village administrator has handled the violations and believe we should finally see compliance soon.” He added, “Although it feels like an eternity, especially for the neighbors, the village has done everything within their jurisdiction to force compliance, and hopefully the fish market will listen so this issue can be put to bed.”

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