Town wants billionaire to replace and replant
(12/24/2008) The East Hampton Town Board has authorized the town to “take any and all action to correct any and all violations” committed on the Further Lane property of Ron Baron, where a protected sand dune was allegedly razed so that a retaining wall could be built.
Mr. Baron, the billionaire who founded Baron Capital Management and bought the 40 oceanfront acres for $103 million last year, has not yet been cited for any violation of the town’s environmental protection laws. Larry Penny, the town’s natural resources director, has said, however, that the leveling of the dune was a “really serious” violation.
Furthermore, disturbing the protected area would require a natural resources permit from the zoning board of appeals, something Mr. Baron never sought, according to town officials. Because there was no building permit application, there was no lot inspection when the wall was built in October.
The town has asked Mr. Baron to reduce the height of a portion of the retaining wall and to replant the dune area with native vegetation, according to Tiffany Scarlato, a town attorney.
There are two walls on the property — one that is level with the ground, or built into the sand, and another that is four or five feet tall, Ms. Scarlato said. “We proposed they cut the higher, most landward wall down, and then restore that area with sand and native vegetation back [toward the beach] approximately 25 feet.”
That might place any remaining improvements out of the jurisdiction of the National Resources Department, Ms. Scarlato said, meaning that a natural resources permit would no longer be required.
“If they rebuilt the dune, they would not need a special permit,” Mr. Penny confirmed on Tuesday.
So far, the town has not issued any citations because “the justice process does not work all that well with respect to remedying a violation,” Ms. Scarlato said. However, she said, its hope to negotiate a solution has not yet been realized primarily because of a lack of response from Mr. Baron’s representatives.
“They had seemed very forthcoming and had given the impression that they wanted to work with us,” Ms. Scarlato said. “Up until this week, we had maintained a fairly steady dialogue.” That dialogue had not “deteriorated,” she said, “but we haven’t really gotten any response.”
Following through on the town’s proposal “is something our client is certainly considering,” Eric Brown, an East Hampton lawyer, said Tuesday on behalf of Leonard Ackerman, who is representing Mr. Baron.
“One of our big concerns is how it could be done,” Mr. Brown said. “What would it cost and what would the impacts be?”
Mr. Brown said his client has hired an engineer to look into the possibility of reducing the size of the wall and replanting the area. “We need to look at the engineering aspects and what would happen from an environmental standpoint,” he said.
“What kind of permits would we need? We’re just anticipating the town will ask for something like this.”
“We just want them to cut it down,” Ms. Scarlato had said earlier about Mr. Baron’s stated plan to have an engineer look into the situation.
Should the property owner fail to cooperate, the town might consider taking him before the State Supreme Court in Riverhead, Ms. Scarlato said. “The town is serious about doing the right thing,” she said. “We didn’t want this to turn into a kicking and screaming match, but if that’s what we have to do, then so be it.”
Mr. Brown said Mr. Baron was aware that the town board had agreed to take legal action if necessary. “I’m assuming that’s them showing us that they’re serious about addressing this, as are we.”
In June 2007, after Mr. Baron purchased the property from Adelaide de Menil and her husband, Edmund Carpenter, Mr. Penny wrote him a letter warning him that he needed to obtain a permit before encroaching upon the ancient double dune system.
Town officials met with representatives of Mr. Baron at the end of last month to determine if the construction of a guest house on his property involved any violations. The house itself lies just inside the East Hampton Village line.
“We were attempting to do the right thing for the town,” Ms. Scarlato said Monday. “We did not want to cause any additional damage to the property.”