Dory’s attorney says bathroom suit to go forward

“Perhaps the town should put more pressure on the [county] health department” to get a permit allowing installation of a new bathroom facility at Volunteer Park, said Sag Harbor attorney Mary Whelan.

Ms. Whelan is an attorney representing the Dory owner Jack Kiffer in a $50,000 lawsuit against the town for its failure to get a promised bathroom up and running at the park.

The Suffolk County Department of Health Services has held up permitting the new structure this month, insisting that it failed to meet certain requirements. Public Works Commissioner Jay Card Jr. said Town Engineer John Cronin had met with county health officials in February to outline the plans for the bathroom and that it would qualify for the permit as a matter of course.

After the new requirements were recently issued, Mr. Card was told he could appeal the decision, but the next time the appeals board meets would be sometime in August. In the interim, Mr. Card was planning to speak with someone at the health department who might have the authority to reverse the decision made earlier this month.

Both Mr. Kiffer and his attorney reacted the same way to the news about the health department’s hold on the permit. They questioned why it has taken six years to get a bathroom up and running at the park.

In that time, Mr. Kiffer has complained multiple times about non-customers using facilities at his restaurant, saying it has strained his septic system and compromised the cleanliness of his bathroom.

The town attorney said the town doesn’t comment on pending legislation.