Popular Dog Dock Diving Event Granted Appeal

PECONIC, NY — Four-footed friends are set to make a splash, after all.

The 2nd Annual North Fork Dock Diving Pet Festival and fundraiser in Peconic almost went to the dogs, after the Greenport Harbor Brewing Company saw its request for a special event permit denied by the Southold zoning board of appeals.

But, after a public hearing Tuesday morning in Town Hall, the Southold town board voted to grant the appeal submitted by applicant Rich Vandenburgh, co-owner of the brewery.

According to the town board, Southold Town Police Chief Martin Flatley raised concerns about the event, specifically centered on parking concerns. At last year's event, many who attended parked their vehicles along New York State Route 25, or tried to park on town-owned parcels at the Peconic Recreation or Community Centers.

Vandenburgh gave a history of Greenport Harbor Brewing Company and outlined the ways the business gives back to the community, hosting fundraisers and giving donations to local charities and causes.

"We are local. We are invested in the community and support the community around us," he said. "We don't do these events because they are money makers. We do it because it's the right thing to do, to support the community and our neighbors," he said.

The North Fork Dock Diving event is slated to take place on June 2 and 3, beginning at 9 a.m., at the Greenport Harbor Brewing Co., located at 42155 Main Road in Peconic.

"DockDogs® is the largest and most diversified presenter of dock diving Dog Performance Sports in the world. Blue Buffalo is the presenting sponsor and this weekend event will benefit the Guide Dog Foundation," organizers, including Greenport's Harbor Pet, said.

But plans hit a snag, Vandenburgh said, when the special event permit was denied; he said he was just "made aware last week" that questions had been raised by the ZBA regarding parking.

Vandenburgh added that last year was the first time the successful event had been held; he realized that there was a need to handle parking and traffic congestion.

To that end, Vandenburgh said, last year, offsite parking was made available at Southold High School, with free shuttles; security staff and a parking attendant were also onhand to tell guests about the shuttle.

"For the record, we never told anyone to park on town property," he said.

Vandenburgh said he was "never made aware," or "given the opportunity to answer or fully explain our parking plan."

He said the date for the "wholesome family event" was chosen before July 1 to avoid summer traffic.

This year, Vandenburgh said, directional signage would once again be put up telling visitors not to park on Route 25 or in town lots; mobile mapping assistance would send guests to two offsite lots — one across the street at the former First Class Auto Body site, and another at the Wesnofske Farm in Peconic, which could hold, together, about 150 to 180 cars — and a social media campaign on Instagram and Facebook would educate those attending on where to park and how to use the shuttles.

The shuttles, he added, would run from 9 a.m. to 8 p.m. This year's event will include three privately hired security guards, and four onsite parking attendants, one at each of the offsite locations, as well as volunteers to assist, he said.

Councilman Jim Dinizio asked how many parking spaces were allowed on the brewery's property; Vandenburgh said 110.

"The town has a responsibility," Dinizio said. "You had a site plan and you agreed to certain things. We're not looking at how gracious you are, how much money you give, or even if the organization is worthy — we're looking at the entire town and how the flow of the town works."

Vandenburgh said he understands the need for safety but said many guests arrive by Uber, Hampton Jitney, taxis, bicycle, or on foot, leaving cars at other wineries and walking.

Dinizio said he's a businessman himself and wants to see the business succeed but Vandenburgh, if offering offsite parking, had to find a way to ensure that those attending the event would use that parking. He suggested perhaps tickets to the free event could be distributed at the parking lots.

Councilman Bill Ruland referenced an incident at last year's event where there was a "confrontation" between Vandenburgh's security staff and a town staffer who said no parking was allowed in the town lots; a complaint was filed against the town employee, he said.

In addition, he said, last year, the town's fueling station on Peconic Lane was blocked by cars with police and town officials unable to access the property.

Vandenburgh said perhaps a police barricade could be put up that would allow police and town officials to get by, but indicate no parking to the public.

Southold Town Supervisor Scott Russell asked Vandenburgh when he first planned the event; Vandenburgh said at the end of 2017.

Russell said one of the issues is that Vandenburgh was making it sound as though he were "put under the gun by the town" and had just found out his application was denied.

Vandenburgh said if he'd gotten a call from the ZBA he would have addressed concerns right away.

Russell pointed out that Vandenburgh didn't apply for the special events permit until April 30, 2018; he was notified by the ZBA on May 15.

"The town never got the opportunity to review the application thoroughly," he said. "You gave us no time, but the inference is that somehow we didn’t give you enough time."

The supervisor said if Vandenburgh had planned the event since last year, he had "ample opportunity" to meet the 60-day in advance requirement to send his application to the ZBA for review. "That's on you, not us," Russell said.

"I understand I was late filing, that was on me," Vandenburgh said. He said he was never contacted by the ZBA; Russell said the ZBA contacted him within a few days about information that was incomplete. Reading the email, Russell pointed out that Vandenburgh had apologized for the late response, adding that he'd been away in Nashville.

Russell also said a few years ago, despite being told he could not use the town-owned lot for parking, there was a sandwich board outside the town lot that said "event parking" for a Greenport Harbor Brewing Company event.

Vandenburgh said he disputed that; Russell said one of Vandenburgh's employees was seen directing people into the highway yard and around the town's fueling station, to park.

The larger issue, Russell said, is the "intensity of use these events bring to the site. They eclipse the intended use and we can't use the banner of a 'fundraiser' to excuse it. It's not appropriate to judge an event based on merit. We have to judge based on impact. When do we get to the point that a special event is used as an end run around zoning?"

A chili festival in January, Town Attorney Bill Duffy said, went ahead without a special event permit and cars lined Route 25. Vandenburgh said he never expected such a crowd in the winter.

In the end, Russell said he supported issuing the permit but there was a need across the board for "more self awareness and concern on the town's part on intensity of uses."

Councilman Bob Ghosio said Flatley had sent the board an email saying he supported the approval as long as offsite parking was addressed and the town's parking lots at the rec and community centers were barricaded.

The board — except for Councilwoman Jill Doherty, who recused herself — voted unanimously to grant the appeal. Justice Louisa Evans was absent.

The appeal was granted with the conditions that there be no parking on Route 25, Peconic Lane or at town-owned lots, that the off-site parking plan be adhered to, and that there be no amplified music after 5 p.m.

After the meeting, Russell commented on the appeal by email: "The application is a good example of the new challenges we are facing. It’s a worthy cause and you don’t want to be in a position to have to deny it; however, his lack of parking to accommodate both the events he is having as a regular course of business and special events are putting a great deal of strain on that intersection," Russell said.

The supervisor mentioned that in the past, Vandenburgh's contractors had been directing cars into the highway yard and the rec center up the road, with so many cars into the highway yard that police cars and other town vehicles couldn’t even get to the gas pumps.

"Our concerns have been brought to him in the past and he has been very slow to correct the situation," Russell said. "The police chief objected to issuing the permit based on these historic issues.He came in with an offsite parking plan so we agreed to approve the permit. We will find out if that solution works."

For a schedule of Dock Diving event times, click here.

In addition to watching the dogs compete, guests can enjoy pet vendors, pet experts — and brews, too.

Featured dogs at that event included Tango, from Long Island, who averaged a 22' jump into the pool and travels the country to compete at many DockDog events, a release said.

The pet friendly event is free for spectators.

"We wanted this event to benefit local organizations that mean a lot to us here on the North Fork and Long Island," said Kimberly Loper, owner of Harbor Pet in Greenport, which co-sponsors the event, last year.

"Our event will bring in businesses from all around the area, help support local and island-wide non-profit organizations and we'll get to see dogs fly through the air and splash in the pool," said Vandenburgh, before the first competition.

A similar event took place in Westhampton Beach in 2016.

Lead photo by Gabrielle Stroup.