The owners of the Cotillion, a banquet hall and Indian restaurant in Jericho, have sued the Oyster Bay Town Board over its 2025 decision to deny the Cotillion its special use permit to operate as a caterer.
The Cotillion alleges that the board’s decision was “irrational, capricious, unreasonable and contrary to the evidence in the record,” according to a complaint filed in the State Supreme Court on Dec. 8.
The Oyster Bay Town Board denied the Cotillion a special-use permit in November of last year, citing a long history of noise complaints at the location.
Brian Nevin, a spokesman for the town, said the town does not comment on pending litigation.
The Cotillion’s attorney wrote in the complaint that the “only ‘evidence’ submitted in opposition to the application was uncorroborated generalized community opposition from residents of the Manors at Jericho.”
A 2020 acoustical report done by the eatery at the request of the town found no violations of the existing town ordinance regarding the Cotillion’s noise levels, according to court documents.
Tamar Harutunian, an attorney for Cotillion, was present at the board meeting on Nov. 18 when the board made its decision. Prior to the board’s decision, she requested that the town board delay its vote until December to give the owners additional opportunity to address the noise disturbance issues.
Oyster Bay Town Supervisor Joseph Saladino asked Harutunian if noise concerns had been addressed over the past five years since the initial hearing, to which she said that the latest plans include noise-reduction measures.
She said there had been no enacted policy to lower noise levels and that what she called “discussions” had taken place.
The lawsuit alleges that the board’s decision was made solely based on complaints made by the community.
“The board’s findings appear simply to parrot generalized statements made by surrounding property owners who opposed the application,” the complaint says.
The lawsuit also says that the eatery took active steps after its 2020 hearing to meet the board’s demands.
Sloan Zarkin, an attorney with Schneider Buchel LLP, which represents the Manors Condominium, located adjacent to the Cotillion, said at the meeting there had “been limited to no conversations” about the noise issue with Cotillion’s attorney until the day before the town board meeting.
She added that the noise complaints do not just occur at night and have also been recorded during the day and on weekends as well.
The special-use permit, requested by the owner during a 2020 hearing, was to allow the Cotillion, located at 440 Jericho Turnpike, to operate as a catering hall. The restaurant portion of the business was unaffected by the town board’s decision.
