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Pros and Cons Confront Village Z.B.A.

Pros and Cons Confront Village Z.B.A.

By
Christopher Walsh

    The East Hampton Village Zoning Board of Appeals heard emotional appeals from two residents who spoke on separate applications before it on Friday.

   One of the applications, which drew opposition, was from adjacent property owners, Kevin and Mary Harty of 21 La Forest Lane, and C Squared Holdings, the owner of 27 La Forest Lane. They were seeking permission to shift the boundary between the parcels, which, Richard Whalen, an attorney representing the applicants, said would result in one property shrinking by 6,346 square feet, to 41,534 square feet, while the other would grow by the same amount, to 57,591 square feet.  

    The other application was from Jane H. Maynard of Baiting Hollow Road, who implored the board to consider personal circumstances and grant nine retroactive variances.

    According to Richard Whalen, an attorney representing the La Forest property owners, the Hartys’ property would become smaller and the applicable yard setbacks would change, requiring an area variance. A swimming pool on the C Squared lot, Mr. Whalen said, would “become more nonconforming.”

    “There’s no net change,” Mr. Whalen said. “The land transferred from one goes to the other.”

    The C Squared building envelope would retain its present width, 114 feet, while the width of the building envelope on the Harty lot would decrease to 91 feet. “The total area on which one can build on the two lots actually decreases,” he said, adding that it was “only a peculiarity in how setbacks work” that brought the applicants before the board. He called the proposed change modest and said the size of the lots would remain comparable to others in the vicinity.

    Minimum lots of 160,000 square feet are required in the zoning district. “No construction, no new structures, no physical changes to anything,” Mr. Whalen said of the properties.

    William Dejonge of 17 La Forest Lane, however, challenged Mr. Whalen’s characterization of the lot-line modification. “In my understanding . . . by increasing 27 La Forest Lane by 6,346 square feet, the buildable area increases by approxmately 640 square feet,” he said. He also asserted that if 21 La Forest Lane were to shrink, the setbacks would also shrink, meaning a new structure could be built closer to the lot lines. “Is that a misunderstanding on my part?” he asked the board.

    Frank Newbold, the board’s chairman, told Mr. Dejonge that he was correct, that the side-yard setback would decrease from 27.31 feet to 24 feet. The notice for the hearing, Mr. Dejonge said, includes no construction plans, but “it just seemed a bit incomplete that somebody would acquire, at presumably substantial expense, extra [land] with no intention to take advantage of the extra square footage.” When Larry Hillel, a board member said that both lots were considerably under-built, Mr. Dejonge shot back, “It’s not irrelevant if you take a pre-existing, nonconforming [lot] and make it even more so.” 

    Mr. Newbold concurred that while the applicants were not applying for a construction permit at the moment, “they have the right to in the future.”

    One should expect, Mr. Dejonge warned, that subsequently there would “be a miraculous development of plans to do something with that extra square footage. Therefore, if one acts on this, you should think about it as a preamble to the second shoe which is inevitably going to drop, which is to build a larger structure.”

    The lot-line modification, he said, would not be, as Mr. Whalen described it, “a wash,” because it changes where structures could be built. “It does have impacts on the neighbors,” he said.

    Mr. Whalen repeated his statement that the combined building envelopes would decrease. Gross floor area, “which is the size of the buildings, will change, and I think it is a wash. Allowed [gross floor area] will be reduced on the Harty lot . . . so the size of a house on that lot will be decreased, but proportionally the size of a possible house on the [C Squared] lot will be increased.” The maximum permitted gross floor area, he said, would increase by about 640 square feet. “There’s really no material effect on the neighbors in terms of yard setbacks and total building size that can be built on both lots,” he said, though he conceded that the applicants “probably do have plans to do something.”

    The board expects to rule on the application at its next meeting, on Sept. 13.

    William J. Fleming, an East Hampton attorney,  represented Ms. Maynard, who is seeking nine variances for existing structures: a deck, garage, swimming pool patio, pool equipment shed, brick surrounding an herb garden, stone steps, and slate walkways.

    Mr. Fleming said the Maynard house was “quite a marvelous rebuild” and contained only 60 percent of the allowable gross floor area. “It is, in modern parlance, almost modest,” he said, “where people are maxing out to the very perimeters of a property.”

    But, he conceded, a series of mistakes had been made. “The builder acknowledged that when he sited the proposed garage he didn’t have the surveyor stake it — he did it off the existing residence.” It wound up being a half-foot farther toward the rear yard than was permitted, or 29.3 feet rather than 29.8 feet, he said. “I submit that is a de minimus amount.”

    Regarding the swimming pool, Mr. Fleming said a decision had been made “in the field” that a three-foot surround could be expanded to five feet, exceeding the permitted setback by 18 inches. “Again, I submit that a foot and a half could not be noticed by the naked eye.” Similarly, it was decided that an outdoor shower be installed, increasing the size of the pool shed to house a hot-water heater.

    Decisions were made, Mr. Fleming said, based on the safety of the homeowner. Slate walkways such as exist here had not been regulated structures, he said, “but now everything is regulated.”

    Ms. Maynard’s husband, Walter Maynard, is retired and suffers from some disability with his legs, Mr. Fleming said. “We would appreciate it if that walkway can be regularized.” The Maynards own adjacent properties, and Mr. Fleming said the nearest neighbor had no objection to the variances.

    Mr. Newbold reminded the attorney that the property had been before the board before and that it had issued a determination on Feb. 10, 2012, that specifically stated the setbacks for the swimming pool and garage. Noting the number of variances now being requested, he asked, “Would not it have been better to come back to the board and say, ‘This is what’s required?’ ”

    Mr. Fleming conceded the point, “but I was not involved in the construction.” During construction, he said, “there seemed to be a loss of communication between the owner and the contractor. I respectfully submit that since the Maynards are the adjacent owner to the east, any variances are against their own interest and thus not against any other neighbors.” He added that Baiting Hollow Road is approximately 35 feet from the property line. 

    Mr. Newbold asked Mr. Fleming if his client might re-examine the application and identify some requests that could be eliminated “that would not change the safety of the structure but would indicate a stronger will to adhere to the previous variance.” 

    At that point, Ms. Maynard, who had been sitting in the last row of folding chairs, approached the lectern. Visibly upset, she asked for “some consideration,” saying that, “this has been a very aggravating experience both for my husband, who’s been ill all winter, and myself. We have been put through the wringer many times, and it gives us a very, very bad feeling about living in this area at all.”

    Mr. Maynard, she said, is 81 and has been hospitalized in Southampton and New York City with Lyme disease. “All of the burden of this has been put on me. I’ve probably aged 10 years over all this in what I’ve been through.” She said “mistakes definitely were made,” but added that she “would never do another building project again in this area under these circumstances. I respectfully submit that you might reconsider putting this off yet again because I’m really tired of going through it.”

    Mr. Newbold promised to take the circumstances into account. Noting that variances had been approved previously, he said, “Considerations were given for the house, and now we are finding that that was taken a few steps further. So we’re asking you to review what actually did happen.”

Annual Powwow This Weekend

Annual Powwow This Weekend

By
Star Staff

   Four days of performances, exhibitions, demonstrations, and food will kick off at 3 p.m. tomorrow at the 67th annual Shinnecock Reservation powwow, one of the largest in the country. Over 100 tribes and 100 vendors will be on hand.

    Activities include native drumming and dance performances, an art display, crafts, food, raffles, and fire lighting at sunset. Contests will be held with $50,000 in prize money.

    The powwow will present a ceremonial “grand entry” at 7 p.m. tomorrow. The powwow will open at 10 a.m. on Saturday, Sunday, and Monday, with a grand entry taking place on Saturday and Sunday at 12:30 and 7 p.m.

The reservation is west of Southampton Village, off Montauk Highway. As a benefit for the Shinnecock Nation and Presbyterian Church, tickets will cost $15 for adults, and $10 for senior citizens, the disabled, and children from 6 through 12. Children 5 and younger, and parking, are free. Pets, drugs, and alcohol are strictly prohibited at what is always a family-friendly event.

State Closes Shellfishing

State Closes Shellfishing

By
David E. Rattray

    Bivalves got a brief respite this week after the New York State Department of Environmental Conservation early yesterday ordered East End bays and harbors closed to all shellfish harvesting following heavy downpours in Tuesday’s thunderstorms.

    The order covered enclosed water bodies from Moriches Bay in the Town of Brookhaven east to Lake Montauk and will remain in place until the D.E.C. announces that unsafe conditions have dissipated.

    According to National Weather Service data, 1.43 inches of rain was recorded in a three-hour period Tuesday at Montauk Point. At Gabreski Airport in Westhampton Beach 3.42 inches of rain fell between approximately 10 a.m. and 2 p.m. WLNG Radio in Sag Harbor said that as much as 5 inches fell at its studios.

    In East Hampton Town, the closed areas were Three Mile Harbor, Hog Creek, Accabonac and Napeague Harbors, Lake Montauk, the Sag Harbor Coves and waters within its breakwater, Northwest Creek, and Northwest Harbor to Barcelona Point and around the entrance to Northwest Creek to the foot of Mile Hill Road.

    In Southampton Town, the no-clam order covered all the area of Moriches Bay, Quantuck, Shinnecock Bay, Cold Spring Pond, North Sea Harbor, Noyac Creek, and the Noyac portions of Sag Harbor Coves and its tributaries.

    Updates and changes to the list can be found at dec.ny.gov as they are posted. Reopenings will also be announced in a recorded message at 444-0480.

HarborFest Marks Its Golden Anniversary

HarborFest Marks Its Golden Anniversary

By
Carrie Ann Salvi

    Sag Harbor’s HarborFest, which began 50 years ago as the Old Whalers Festival, will celebrate its golden anniversary this year with a three-day glorification of all things nautical, as well as tastes of Sag Harbor food, music, and history.

    Competitive whaleboat races, the festival’s claim to fame, will go on all weekend, launched from Windmill Beach, with the winner crowned there on Sunday afternoon.

    Long Wharf will be packed with vendors and more contests, including one to find the tastiest chowder and another for the fastest clam shucker. A program with details of activities, which include historical tours in the village, will be available at the windmill.

    The festivities will kick off at a benefit fiesta tomorrow night from 6 to 9 at the Sag Harbor Whaling Museum, where D.J. Mister Lama will provide the music. The Montaco truck will be on hand with Latin fare, beverages will be provided by the Montauk Brewing Company and Channing Daughters, and dessert will be ice cream from Sylvester and Company.

    The winner of a raffle to benefit the Sag Harbor Chamber of Commerce, which organized the event, will receive a 14-karat gold whale pendant created by David Lee of Sag Harbor. Raffle tickets can be purchased at the windmill, the Wharf Shop, Sag Harbor Liquors, or the Sag Harbor Variety Store.

    An arts and crafts fair will also take place at Marine Park on Saturday and Sunday from 9 a.m. to 4 p.m.

 

A Decision Looms on Montauk Inlet

A Decision Looms on Montauk Inlet

By
Joanne Pilgrim

    With a deadline nearing in two weeks, the East Hampton Town Board must make a final decision about what it wants the Army Corps of Engineers to do about the Montauk Harbor inlet.

    The corps is set to dredge the inlet to provide safer navigation, but there are several options as to how to proceed. Federal funds would fully cover the least ambitious plan — to maintain the status quo by dredging to a 12-foot depth and 150-foot width in the channel, with a 50-foot wide “deposition basin” at the east side, to collect sand that would otherwise cause shoaling.

    Two other alternatives would require the town to kick in money, but would result in sand being added to areas west of the inlet to help rebuild beaches.

    An “enhanced navigation” option would see the inlet deepened to 17 or even 19 feet, with a larger deposition basin and an estimated 130,000 cubic yards of sand deposited on the West Lake Drive beach to the west of the inlet. Eighty percent of the cost would be covered with federal dollars, while the town would be responsible for the rest.

    Although Brian Frank, an environmental analyst for the town, did not provide an updated cost estimate during a presentation to the board on Tuesday, a projected $26 million total cost had been mentioned during a similar presentation last fall.

    The third option would require the town to obtain easements over private property along Soundview Drive, through purchase agreements or condemnation, and to establish a public beach.

     It could help to address severe erosion in that area through the addition of dredged sand; however, the Army Corps would also construct one to three groins along Soundview Drive or Captain Kidd’s Path in an effort to contain that sand. Initially, they would be constructed of nonpermanent geotextile tubes, which would be replaced after a decade with permanent steel, rock, or concrete structures.

    East Hampton would be responsible for up to 30 percent of the cost, with the Army Corps paying for 70 percent, although some additional money from Hurricane Sandy relief funding could be available for the project.

    The third option, said Mr. Frank on Tuesday, “has some environmental concerns associated with it,” because of “the impacts of groins.”

    “Shore-perpendicular structures like a groin seem to have the greatest shadow effect” as far as erosion on nearby beaches, he said.

    However, board members noted, the Soundview shore area is largely armored, and the area is identified in the town’s Local Waterfront Revitalization Program Plan as one where shore hardening may be allowed.

    “So,” said Mr. Frank, as far as protecting public sandy beaches, “the natural resource, and the public resource — that horse left the barn a long time ago. The legacy of coastal decisions lasts for decades.”

    Property owners in that area have sued the town over alleged negative effects from the existing groins — another consideration in the town’s decision-making.

    Councilwoman Theresa Quigley said that, in light of the lawsuit, the town should choose the most aggressive course of action. But Councilman Peter Van Scoyoc disagreed, saying that the town would be most liable for damages if it does install the groins. “If they fail or they cause unforeseen impacts, we are in a much more responsible position,” he said.

    “I don’t believe we have the luxury of stepping away from legitimate actions because of fear,” Ms. Quigley said.

    Board members asked Mr. Frank to provide more details for another discussion at Tuesday’s work session at the Montauk Firehouse at 10 a.m.

Hot July; Cool, Dry August

Hot July; Cool, Dry August

By
Star Staff

    While temperatures topped 90 degrees on four days in July, August was “considerably on the cool side,” Richard G. Hendrickson reported from Bridgehampton. “In all my years of keeping weather records, this has been one of the coolest Augusts. There was only one day, on the 2nd, when it reached 91 degrees, the highest for the month. In fact, it was only 80 or higher on 14 days. A cool, cool August.”

    Mr. Hendrickson, who turned 101 on Monday, has been a United States Cooperative weather observer since he was a teenager.

    The temperature actually dropped to a chilly 47 degrees on Aug. 25, according to his records, but that was the only time it was lower than 50.

    August brought measurable rain on seven days, but the heaviest daily amount was only .61 inches, and the total for the month was just 1.25 inches. “This has been the driest August since 2005,” Mr. Hendrickson wrote. “Late melons, corn, tomatoes, and winter pumpkins need rains now, as well as the late potatoes.” They got plenty on Monday and Tuesday.

    Looking back to July, the highs for the first 13 days were only in the 70s and 80s, but on the 15th, it hit 91 and stayed there for four days. The highest temperature for the month was 95 on the 18th. Mr. Hendrickson’s lowest night readings in July were 59 on July 26 and 30.

    There was measurable rain on nine days in July, on the 1st, the 12th to the 14th, and the 22nd to the 26th, but always in scant amounts, with the heaviest being only .39 of an inch on July 13. The total for the month was 1.44 inches, “a long way from the at least three-inch long-term average.”

    In July, Mr. Hendrickson recorded wind from the southwest on 22 days and 22 days of clouds, “not a nice number for eastern Long Island summer folks or nature.

A Beach Blast With Purpose

A Beach Blast With Purpose

By
Carrie Ann Salvi

    Labor Day may have passed, but big plans are still in store for Shelter Island, and for good cause. The Rock’s annual fund-raising Beach Blast is set for Saturday afternoon, and on Sunday morning, it’s the charitable bicycle Spur Ride.

    The blast and barbecue is all-important this year to the Island Gift of Life, with last year’s event called off due to strong winds and a storm threat.

    The Realm will headline the show this year, and as always, the band, which plays surf punk, ska, reggae covers, and originals, will donate its performance to increase the number of dollars raised for the cause.

    Local bands will take the stage from 3 p.m. till midnight, and they will include the Hoodoo Loungers, Gene Casey and the Lone Sharks, Mamalee Rose and Friends, New Dawn, and Alfredo Merat’s Radio Europa. The Starlight Girls from Brooklyn will also play, and for the kids, there’s a 5 p.m. performance by Sag Harbor’s Goat in a Boat Puppet Theatre.

    A $20 donation will be collected at the beach to benefit East Enders in need due to life-threatening illnesses. Hamburgers, hot dogs, cookies, water, and soda will be available for purchase. In the event of rain, the Beach Blast will be held on Sunday from noon till 8 p.m.

    Sunday will bring the second annual bicycle ride organized in honor of Lt. Joseph J. Theinert of Shelter Island and Sag Harbor, a member of the 1-71 Cavalry, 1st Brigade Combat Team of the Army’s 10th Mountain Division who was killed in Afghanistan.

    As of Monday, over 180 riders were registered, choosing 12.5 or 25-mile scenic routes around the island. Proceeds will benefit the Joseph J. Theinert Memorial Fund, a nonprofit organization whose newest venture is the creation of a rehabilitative center for wounded warriors to be called Strongpoint Theinert.

    Registration costs $50 for cyclists or $25 for those under 16 and includes a souvenir T-shirt and admission to the post-race celebratory barbecue at SALT Waterfront Bar and Grill, where the Realm will again donate their musical talents for the occasion. Non-riders may join the party too, for a donation of $35 for adults or $15 for children.

    Online ride registration can be completed at shelterislandspurride13. eventbrite.com. There will also be on-site registration on Sunday morning beginning at 7 at the Island Boatyard on Menantic Road, with remarks at 8:30 a.m. and a 9 a.m. start.

Village Adopts a Bicycle Safety Policy

Village Adopts a Bicycle Safety Policy

By
Christopher Walsh

    East Hampton Village Mayor Paul F. Rickenbach Jr. announced Monday the village board’s adoption of a bicycle policy that aims to create a safer environment for cyclists and pedestrians. This followed the board’s vote to adopt the “General Principles for Introducing Bike Lanes in East Hampton Village” at its fiscal year-ending meeting of July 31.

    The mayor’s statement described the policy as a template in which “the village commits to do the utmost in working with the cycling community” to ensure safe roadways.

    Paul Fiondella and Howard Lebwith, who attended the July 31 meeting, had previously appealed to the board for changes to village roadways that, they said, are hazardous to cyclists and pedestrians. Their argument was tragically underscored by a traffic accident on June 15 in which Anna Lytton, a 14-year-old from Springs, was killed on Pantigo Road in the village.

    The policy, according to the statement, will include “the indoctrination and education of both disciplines to ensure the safety of everyone using our scenic roadways.” Village officials will make an effort to meld “a more cohesive utilization” of roads by cyclists and motorists.

    “This is a first step for the village,” the mayor, addressing Mr. Fiondella and Mr. Lebwith, said at the meeting.

    He also issued an appeal to cyclists. “Please obey the rules of the road,” he said. “That’s not happening over the recent week or so here in the Village of East Hampton. I think a lot of these cyclists are transient, but, by golly, if you see them, look out, because they’re not going to get out of the way. . . . There has to be a partnership here.”

    Mr. Fiondella told The Star on Tuesday that he was “very pleased” with the outcome. “It shows the leadership of the village, that it’s willing to tackle the problems that need to be solved in the community instead of sweeping them under the rug, or postponing them for five years, or forgetting about them. The village wants to solve this problem and solve it in the best way possible.”

    The East Hampton Town Bicycle Committee and the Springs Citizens Advisory Committee, Mr. Fiondella said, have also endorsed the principles. “It’s a great step forward,” he said. “Hopefully, the next step will be for the town to endorse them.”

Thank You, Stony Brook

Thank You, Stony Brook

By
Sergei Klebnikov

    On July 14, Lenny Ackerman, whose wife faced life-threatening heart complications last year, held a celebration at his house in honor of the Stony Brook University Hospital staff who cared for her during her medical journey.

    When his wife, Judie, suffered a heart attack and stroke last year, she was rushed to a local hospital. But due to her serious and complicated condition, she was transported to the Stony Brook University Heart Institute, where she was assigned to top quality care, according to the family. Dr. David Brown, the cardiologist assigned to her, informed them that there was even a doctor on staff who specialized in her issues. As Mr. Ackerman described, “I was delightfully surprised to find this level of care so close to home.”

    The East Hampton attorney was so impressed and grateful that he held a celebration to honor the Stony Brook staff and to help inform other East End residents about the importance of having a tertiary care center near to home, as Stony Brook plays an important role as the sole center in Suffolk County.

    Mr. Ackerman and his wife hosted over 200 friends, colleagues, and community members to “introduce the leadership of Stony Brook Medicine to our community,” said Mr. Ackerman. In addition, all of the staff members who took care of Mrs. Ackerman were invited to be honored at the party.

    “Stony Brook was there for us, and everyone who needs them,” Mr. Ackerman said.

G.L.B.T. Center Opens

G.L.B.T. Center Opens

By
Star Staff

    The Long Island Gay, Lesbian, Bisexual, and Transgender Network will open its first East End center  at the Old Whalers Church in Sag Harbor on Saturday.

    The G.L.B.T. center will offer year-round programs for students, adults, and families, and it has been predicted that over 1,000 East End residents will participate within the next year.

    The opening comes 10 months after the suicide of a 16-year-old East Hampton High School student, which helped build support for a local center. It will make it easier for East End youth to take part in the network’s programs, obviating the need to travel over 120 miles round trip to Bay Shore.    

    “David Hernandez Barros’s suicide was an urgent reminder that has mobilized hundreds of people to say we cannot wait any longer. We need a gay center of our own now,” said David Kilmnick, the founder of the Long Island G.L.B.T. Network.

    An opening reception, from 4 to 6 p.m. on Saturday, will feature talks by Edie Windsor of Southampton, who was the plaintiff in the recent Supreme Court case that found same-sex marriage to be constitutional, and by Carmita Barros, the mother of David Hernandez Barros.

    The center will be based at the church until such time as the organization is able to raise enough money for a stand-alone, state-of-the-art community center, Mr. Kilmnick said.