Cherry Hill Gourmet Market at Lundys in Sheepshead Bay
(Photo by Ray Johnson)

Cherry Hill Restaurant and Gourmet Market at Lundy’s received two violations this morning, just hours into their first full work day. The establishment’s existing partial stop work order was also upgraded to a full stop work order, which requires Cherry Hill to pay the city $5,000.

The market first opened its doors to the public yesterday evening in spite of a standing partial stop work order issued in early April. The new violations are for operating without a valid certificate of occupancy and a violation of non-conformity with zoning. In addition to the $5,000 fine, Cherry Hill may receive additional penalties to be decided at an Environmental Control Board court hearing on June 29th.

David Isaev, Cherry Hill’s owner, says he doesn’t care about the violations or fines. Talking on the phone, he seemed fed up with the politics. “I think it’s unfounded,” he said. “We have a responsibility to our employees who expect to go to work and support their families… these are real people.” Cherry Hill has 120 employees.

The issuing of violations suggests the city is siding with opponents of the establishment, including Community Board 15 Chairperson Theresa Scavo, State Senator Carl Kruger and City Councilman Michael Nelson, who say Cherry Hill needs more floor space dedicated to a restaurant in order to meet the requirements of the Special Sheepshead Bay District Zoning. Scavo says the violations are not likely to force it to cease operations, though.

“This is not going to stop them at all,” says Scavo. “They have an attitude that they’ll make a restaurant when they get around to it.”

Isaev, though, says he already has restaurant seating for up to 400 people. “How much more do you want?” he says.

A certificate of occupancy is required by the city to prove that the building is not only legally occupied, but also has been inspected by government officials and shown to meet all safety standards. This includes proof that all construction, electrical and plumbing work has been done to city standards. Cherry Hill opened with an expired temporary certificate of occupancy.

These developments are of little surprise to those who attended last night’s Sheepshead Bay/Plumb Beach Association meeting. When the Cherry Hill issue came up for discussion, many (including Scavo) were confused about whether the store was open. According to attendees, Ken Lazar, the Inter-governmental Liaison for the DOB, boldly stated, “If it’s open, we’ll shut it down.”

Of course, that’s unlikely to happen. The DOB doesn’t have the authority to close a business. However, it can continue to levy violations and fines so long as Cherry Hill serves customers.

In order to avoid that, Cherry Hill will have to close its doors and either convert the property to conform to legal zoning standards – which means a higher percentage of floor space given to its restaurant, or can seek a variance from the Board of Standards and Appeals. The latter would leave the space unused for up to 9 months.

Isaev says he plans to meet with DOB officials to see what needs to be done, but he doesn’t plan on closing his store. He says the consistent issuing of stop work orders and violations is a “little weird” since they began when the building was 98% completed. “Every step of the way we were checked and approved by inspectors,” he says.

“Life is a fight,” Isaev adds. “The community knows we’re here to make the community better. So, if a few politicians are against us – we’ll fight City Hall.”

Related posts

  • http://whitetrashbbq.blogspot.com BrooklynQ

    These guys are full of shit. There’s no restaurant there. They don’t employ 120 people {D&B says they employ 4} and there’s no seating for 400.

    It’s just another Russian Market. It’s beautiful but the neighborhood doesn’t need another one. All they need to add is cleaning supplies and they’d be a supermarket.

    The closest they could claim to being a restaurant is that this place is a take out deli!

  • Anonymous

    BrooklynQ: The number of employees and restaurant seating come from Isaev, but I can certainly say they have more than 4 employees. A member of Sheepshead Bay/Plumb Beach Association estimates the seating to be closer to 150. No one has counted (we’ll put that on our to-do list).

    And yes, it is a Russian Market with an attached eatery. If the neighborhood doesn’t need another one – and I agree it doesn’t – then we’ll be proven right when it shuts down due to lack of business. Until then, the question is whether or not it’s a legal business, and if it’s being unfairly targeted by local politicians and the DOB.

    Whether we like the idea of a market or not, it does seem to me that the DOB signed off on the establishment’s plans all along, and then in the 11th hour pulled the rug out from under them. That doesn’t sound fair, and I hope that’s not the case. I look forward to finding out more as these things come to light.

  • Bill W

    What is unfair is that other businesses in the special district played by the rules. What do you say to them? “Sorry, you should just ignore the law and use PR and $ to do what you want”?
    Will our children have great memories of this market like their parents had of a unique waterfront restaurant? I don’t think so.

  • http://whitetrashbbq.blogspot.com BrooklynQ

    Ned,

    As I said in my comments to your post about $7,000,000 being dumped in the bay…

    “I don’t want another place to go buy my eastern European delicacies, there’s enough of them already.

    But if the developers deliver on the promise of ” the revival of a quality seafood restaurant (Lundy Bros.) and the addition of a gourmet market which allows its quality offerings such as deli, cooked/cold foods bakery items and gelato, to be enjoyed in a café atmosphere as well as taken home for dinner? What is so terrible about having organic foods and a quality bakery where none exist?”

    Then they have my support. “

    The developers have not lived up to their promise. They no longer have my support. They’ve built another grocery store and now they’re screaming that they’re being picked on.

    It may be lousy timing and it may be a political vendetta, but it’s their architect’s job to investigate all zoning and building codes before the project even started. The developers knew what they were getting into otherwise they wouldn’t be hiding behind the terms “restaurant” and “cafe.” It’s a sham.

  • Janelle

    Just what Brooklyn doesn’t need more of – more Russian nonsense.

    All the signs are in Russian with miniature English translations.

    IÂ’m sorry, what country am I living in??

  • V

    Janelle, why don’t you go to Chinatown and read what the signs say there. You’re living in the country of immigrants (I highly doubt you are native american) and NYC is a melting pot of cultures. If you don’t like it, move to Arkansas and you wont see signs in Russian, or Chinese or whatever there!

  • Janelle

    Excuse me, “V”…I’ve lived in Brooklyn ALL OF MY LIFE and this is the worst I’ve ever seen it. I embrace the Melting Pot that is NY, however, I would appreciate it if people LEARNED to speak ENGLISH in AMERICA. A majority of the Russian people I’ve encountered have been sneaky, lying, money grubbing, phony a-holes. I’ve worked in a lot of places in Bklyn, I’ve lived in the same neighborhood my ENTIRE life and NEVER in my life have I felt like a stranger and an outcast in my own neighborhood. NEVER!! And Russian people have the f*n nerve to mock the fact that I don’t speak their disgusting language??
    My best friend’s husband immigrated here 5 years ago from Chile. Guess what- he speaks PERFECT English. Why? Because he took the time and took the classes to learn the language.

    So do me a favor, think before you open your mouth and try to tell me what’s what. You have no clue the can of worms you just opened- but this is one topic you do NOT want to argue with me on.

  • V

    Ooo, I opened a can of warms. I should be sooooooooo scared you racist benelovent imbacil. Generalizing people will get you far. Msot russians speak perfect english, they just don’t want to speak to you!

  • Janelle

    LOL I’m a racist? I don’t see how hating Russians classifies me as a racist hahahaha. Racism involves SKIN color, you shmuck!! LOL.

    And yeah, my life will go on if they don’t speak to me. I’m rather content when they don’t.

  • V

    Glad you admit that your hate is towards Russians. Then don’t make comments like “what country am I living in” sounding like USA is turning into USSR. You live in the neighborhood that was predominantly taken over by the Russian immigration over the years. If you don’t like it, move. Free country, no one is holding you there.

    Go to Brooklyn Chinatown or Manhattan one and the signs will be all in Chinese and not even small transations in English. You live in NYC, again, whats your point?

    Your argument is retarded. The first comment by BrooklynQ as well as other posters was related to the thread and nothing wrong with discussing business owners (whether Russian or not) going around the laws. You have absolutely nothing to add but your hate for Russians.

  • PAUL

    Janelle , are you pregnant

  • Janelle

    Paul, are you a moron?

  • splif

    the russian people came to this country and worked very hard like the mexicans do today and i am proud to say that today we are the ones in benzes and bentlys yeah some of us made our money illegally but so did the smarter americans. you have to appretiate us after all we are tax payers(yeah ok )

  • V

    What happened about me not wanting to argue with you, Janelle?

    I thought you are all powerful Brooklynite. Why don’t you go to your mommy and daddy and cry how Brooklyn is getting taken over by Russians who don’t speak English and shop in their markets.

    Cry me a river.

  • just a guy

    clearly the only poster who has had any type of business contact with russians is jannelle. Her assessment is correct. After all those years under soviet oppression the russian people lived by being sneaky, lying, money grubbing, phony a-holes (as jannel states). just to get by. This way of life has become ingrained in them, its now cultural.

    They can be nice people, you can be friendly with them, their women are smoken hot, but never would you want to do business with them

  • V

    Yeah, good analogy “just a guy”. That’s like saying all Asians are good in math. You will also go or already got very far in life.

  • just a guy

    Yeah… V how this allegory… why dont you go to the bronx zoo and jump in the tiger cage…after all it would be wrong to say ALL tigers are dangerous. Maybe that one in the cage is just lonely.

    Bet you dont….beacuse tigers dont change their stripes.

    better safe than sorry…why take a chance with them life is short.

  • V

    I also don’t wash my face with acetone BUT I know that wouldn’t be a good idea.

    Youre comparisons make absolutely no sense.

  • lisa

    Janelle: you have no idea what you’re talking about nor would you have any supporters if your commentary went public. I am a Russian teenager and I was born in Brooklyn and raised here my whole life. I’m pretty sure that where ever you descended was not from the US and that if someone said that you’re heritage was crap you would be in discontent as well. I may only be 15 years old but to witness your hate is especially disgusting because you are a grown up and despite your age you are still IGNORANT and BLIND!!! Because to say that being American is ideal is ignoring the behavior of American’s such as the drug addicted mother and the molesting father. The behavior of different cultures is non of your concern unless you are affected by it individually. please, before you assume that you can say anything about my heritage, culture, or race, or anyone else, BITE YOUR TONGUE.

  • Anonymous

    Lisa, I am shocked and surprised at your disrespect. I’m sure your comments would have more impact if you chose to express yourself less angrily and more respectfully. The use of such profanity will not be tolerated.

  • Anonymous

    Actually, the whole tone of this discussion has gone way off course. It’s disturbing the preconceptions many of Sheepshead’s residents have of each other – both Russian and non-Russian. I generally do not make a habit of censoring posts, but some of Lisa’s remarks need to be trimmed. I am also closing comments to this thread for the time being. If you have anything to say about that, feel free to email me at nberke [at] sheepsheadbites.com

  • http://whitetrashbbq.blogspot.com/ BrooklynQ

    These guys are full of shit. There’s no restaurant there. They don’t employ 120 people {D&B says they employ 4} and there’s no seating for 400.

    It’s just another Russian Market. It’s beautiful but the neighborhood doesn’t need another one. All they need to add is cleaning supplies and they’d be a supermarket.

    The closest they could claim to being a restaurant is that this place is a take out deli!

  • Anonymous

    BrooklynQ: The number of employees and restaurant seating come from Isaev, but I can certainly say they have more than 4 employees. A member of Sheepshead Bay/Plumb Beach Association estimates the seating to be closer to 150. No one has counted (we’ll put that on our to-do list).

    And yes, it is a Russian Market with an attached eatery. If the neighborhood doesn’t need another one – and I agree it doesn’t – then we’ll be proven right when it shuts down due to lack of business. Until then, the question is whether or not it’s a legal business, and if it’s being unfairly targeted by local politicians and the DOB.

    Whether we like the idea of a market or not, it does seem to me that the DOB signed off on the establishment’s plans all along, and then in the 11th hour pulled the rug out from under them. That doesn’t sound fair, and I hope that’s not the case. I look forward to finding out more as these things come to light.

  • Bill W

    What is unfair is that other businesses in the special district played by the rules. What do you say to them? “Sorry, you should just ignore the law and use PR and $ to do what you want”?
    Will our children have great memories of this market like their parents had of a unique waterfront restaurant? I don’t think so.

  • http://whitetrashbbq.blogspot.com/ BrooklynQ

    Ned,

    As I said in my comments to your post about $7,000,000 being dumped in the bay…

    “I don’t want another place to go buy my eastern European delicacies, there’s enough of them already.

    But if the developers deliver on the promise of ” the revival of a quality seafood restaurant (Lundy Bros.) and the addition of a gourmet market which allows its quality offerings such as deli, cooked/cold foods bakery items and gelato, to be enjoyed in a café atmosphere as well as taken home for dinner? What is so terrible about having organic foods and a quality bakery where none exist?”

    Then they have my support. ”

    The developers have not lived up to their promise. They no longer have my support. They’ve built another grocery store and now they’re screaming that they’re being picked on.

    It may be lousy timing and it may be a political vendetta, but it’s their architect’s job to investigate all zoning and building codes before the project even started. The developers knew what they were getting into otherwise they wouldn’t be hiding behind the terms “restaurant” and “cafe.” It’s a sham.

  • Janelle

    Just what Brooklyn doesn’t need more of – more Russian nonsense.

    All the signs are in Russian with miniature English translations.

    IÂ’m sorry, what country am I living in??

  • V

    Janelle, why don’t you go to Chinatown and read what the signs say there. You’re living in the country of immigrants (I highly doubt you are native american) and NYC is a melting pot of cultures. If you don’t like it, move to Arkansas and you wont see signs in Russian, or Chinese or whatever there!

  • Janelle

    Excuse me, “V”…I’ve lived in Brooklyn ALL OF MY LIFE and this is the worst I’ve ever seen it. I embrace the Melting Pot that is NY, however, I would appreciate it if people LEARNED to speak ENGLISH in AMERICA. A majority of the Russian people I’ve encountered have been sneaky, lying, money grubbing, phony a-holes. I’ve worked in a lot of places in Bklyn, I’ve lived in the same neighborhood my ENTIRE life and NEVER in my life have I felt like a stranger and an outcast in my own neighborhood. NEVER!! And Russian people have the f*n nerve to mock the fact that I don’t speak their disgusting language??
    My best friend’s husband immigrated here 5 years ago from Chile. Guess what- he speaks PERFECT English. Why? Because he took the time and took the classes to learn the language.

    So do me a favor, think before you open your mouth and try to tell me what’s what. You have no clue the can of worms you just opened- but this is one topic you do NOT want to argue with me on.

  • V

    Ooo, I opened a can of warms. I should be sooooooooo scared you racist benelovent imbacil. Generalizing people will get you far. Msot russians speak perfect english, they just don’t want to speak to you!

  • Janelle

    LOL I’m a racist? I don’t see how hating Russians classifies me as a racist hahahaha. Racism involves SKIN color, you shmuck!! LOL.

    And yeah, my life will go on if they don’t speak to me. I’m rather content when they don’t.

  • V

    Glad you admit that your hate is towards Russians. Then don’t make comments like “what country am I living in” sounding like USA is turning into USSR. You live in the neighborhood that was predominantly taken over by the Russian immigration over the years. If you don’t like it, move. Free country, no one is holding you there.

    Go to Brooklyn Chinatown or Manhattan one and the signs will be all in Chinese and not even small transations in English. You live in NYC, again, whats your point?

    Your argument is retarded. The first comment by BrooklynQ as well as other posters was related to the thread and nothing wrong with discussing business owners (whether Russian or not) going around the laws. You have absolutely nothing to add but your hate for Russians.

  • PAUL

    Janelle , are you pregnant

  • Janelle

    Paul, are you a moron?

  • splif

    the russian people came to this country and worked very hard like the mexicans do today and i am proud to say that today we are the ones in benzes and bentlys yeah some of us made our money illegally but so did the smarter americans. you have to appretiate us after all we are tax payers(yeah ok )

  • V

    What happened about me not wanting to argue with you, Janelle?

    I thought you are all powerful Brooklynite. Why don’t you go to your mommy and daddy and cry how Brooklyn is getting taken over by Russians who don’t speak English and shop in their markets.

    Cry me a river.

  • just a guy

    clearly the only poster who has had any type of business contact with russians is jannelle. Her assessment is correct. After all those years under soviet oppression the russian people lived by being sneaky, lying, money grubbing, phony a-holes (as jannel states). just to get by. This way of life has become ingrained in them, its now cultural.

    They can be nice people, you can be friendly with them, their women are smoken hot, but never would you want to do business with them

  • V

    Yeah, good analogy “just a guy”. That’s like saying all Asians are good in math. You will also go or already got very far in life.

  • just a guy

    Yeah… V how this allegory… why dont you go to the bronx zoo and jump in the tiger cage…after all it would be wrong to say ALL tigers are dangerous. Maybe that one in the cage is just lonely.

    Bet you dont….beacuse tigers dont change their stripes.

    better safe than sorry…why take a chance with them life is short.

  • V

    I also don’t wash my face with acetone BUT I know that wouldn’t be a good idea.

    Youre comparisons make absolutely no sense.

  • lisa

    Janelle: you have no idea what you’re talking about nor would you have any supporters if your commentary went public. I am a Russian teenager and I was born in Brooklyn and raised here my whole life. I’m pretty sure that where ever you descended was not from the US and that if someone said that you’re heritage was crap you would be in discontent as well. I may only be 15 years old but to witness your hate is especially disgusting because you are a grown up and despite your age you are still IGNORANT and BLIND!!! Because to say that being American is ideal is ignoring the behavior of American’s such as the drug addicted mother and the molesting father. The behavior of different cultures is non of your concern unless you are affected by it individually. please, before you assume that you can say anything about my heritage, culture, or race, or anyone else, BITE YOUR TONGUE.

  • Anonymous

    Lisa, I am shocked and surprised at your disrespect. I’m sure your comments would have more impact if you chose to express yourself less angrily and more respectfully. The use of such profanity will not be tolerated.

  • Anonymous

    Actually, the whole tone of this discussion has gone way off course. It’s disturbing the preconceptions many of Sheepshead’s residents have of each other – both Russian and non-Russian. I generally do not make a habit of censoring posts, but some of Lisa’s remarks need to be trimmed. I am also closing comments to this thread for the time being. If you have anything to say about that, feel free to email me at nberke [at] sheepsheadbites.com

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  • alex

    oh Janelle,
    You must be one of those native born, immigrant-hating losers who are envious at the success of others. I’ve seen plenty of such, growing up here in Brooklyn, folks that hate immigrants, lack education themselves, being extremely limited and perpetually angry.
    As to our knowledge of English – majority of “Russians” are highly educated and are professionals who have worked hard to get where we are now.
    Cherry Hill’s signs are in English, as far as I could see.
    Don’t like us as neighbors ? Move to Alaska !

  • alex

    oh Janelle,
    You must be one of those native born, immigrant-hating losers who are envious at the success of others. I’ve seen plenty of such, growing up here in Brooklyn, folks that hate immigrants, lack education themselves, being extremely limited and perpetually angry.
    As to our knowledge of English – majority of “Russians” are highly educated and are professionals who have worked hard to get where we are now.
    Cherry Hill’s signs are in English, as far as I could see.
    Don’t like us as neighbors ? Move to Alaska !

  • Lena

    I know the owner personally, he hires chicks to the store and uses them as well as pays them, he has a wife and 4 kids at home and he cheats on his wife with young j1 girls. He is a mountain jew. a smart guy but a idiot at the same time, their is no restaurant they have like 4 tables inside and it is another russian baza in brooklyn, the stuff is very over priced inside. the guy thinks he is a big shot but he is nothing.

  • http://www.njluxurymotors.com Arthur Borko

    I don't know the owner, or if any of the stuff you wrote is true, but I think you should be aware of two words. Libel and Slander. Make sure you prove what you can claim to be true, ya?

  • Lena

    their are smart russians and dumb russians, the smart ones are driving the beamer benz and bentley, even rich americans drive a honda russians are proud of what they have and love to show off, I am a doctor I finished everything here in suny downstate, I just finished my 4 years and purchased my first car on my own with noones I got the 2010 750 li

  • LF

    i wish down state was able to see this comment/convo before considering you for admission.

  • babyydoll

    ok so janelle, wow where do I even begin? How about the fact that you are worthless. To sit there and so recklessly say that people of an ethnicity or culture are outright disgusting is beyond close minded. It is you who is a disgusting piece of shit. You are an utter joke. You are more so, a hater. I feel sorry for you that you have not taken the time to embrace the people in your neighborhood, if you took the chance to, you might learn a thing or two. So here is your lucky break…
    - Yes, we moved in…No, we're not moving out…You don't like it? Suck it! We don't care.

  • babyydoll

    ok so janelle, wow where do I even begin? How about the fact that you are worthless. To sit there and so recklessly say that people of an ethnicity or culture are outright disgusting is beyond close minded. It is you who is a disgusting piece of shit. You are an utter joke. You are more so, a hater. I feel sorry for you that you have not taken the time to embrace the people in your neighborhood, if you took the chance to, you might learn a thing or two. So here is your lucky break…
    - Yes, we moved in…No, we're not moving out…You don't like it? Suck it! We don't care.

  • Trixified

    Sweetheart. I have been travelling the world from a very early age, every once in a while popping in to New York, always staying with relatives in Sheepshead Bay. One such trip had been extended long enough to settle a bit and work for Cherry Hill. I know the area. And I know the people, “Russian” (note: please don’t lump all the FSU republics together – it’s ignorant) and otherwise.

    I am sorry to hear that it seems you’ve only had unpleasant experiences with FSU natives, and I’m sorry that you think Russian is a disgusting language. But most of all, I’m sorry that you were raised to be so ignorant and closed-minded that you would speak out against a large part of New York City’s population with such hatred and discrimination.

    I’ve lived in 34 countries throughout my life, on six continents, and have learned that no racial or ethnic stereotypes apply anywhere, and that each and every person is different. I hope one day you will allow yourself to learn from the people around you.

    Благодарю за внимание, и желаю вам удачи!

  • Bella

    I went into the market for the first time today. I’m not Russian but it really didn’t
    matter..their food and shelf choices were international. The place was spotless.
    Their selection plentiful. I loved the store. And coming from a Jewish background
    I found foods that were familiar even though my family didn’t come from Russia.
    I saw seating for the restaurant upstairs, but it was dark up there.

    • Anonymous

      I have not been there yet. Now I will have to give it a try.

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  • Jimfromearth

    This store is amazing! It is. Liitle hidden jewel. From the outside you
    Could not imagine what fabulous delicious item are inside.
    Talk about first rate items from cakes, deli items, cheeses, etc.
    You must go. It rivals Fairway’s, Zabars, Dean and Deluca, Balducci’s etc.
    Right in the heart of Brooklyn. I’me so glad I stumbled apron it.