Homeowner's Scrape

When John Vassilaros of Springs appeared recently in East Hampton Town Justice Court on a charge of "scraping" the beach in front of his King's Point Road property, he was given a conditional discharge. The condition required him to apply to the Town Zoning Board of Appeals for a natural resources permit, which is required for such activity on or near the beach.

The Zoning Board heard his case last week, but denied his request. Now he must return to the court for its final word.

Mr. Vassilaros told the board at his Aug. 19 hearing that he only had his Gardiner's Bay beach "scraped" because he had seen the same thing done next door at the Clearwater Beach Property Owners Association three times each summer season, including the very same day he had his done.

Hired On the Spot

In fact, it was the man riding a Bobcat machine with a chain to "scrape" (pick up and move rocks from) the association's beach whom Mr. Vassilaros hired on the spot that day, to do the same job for him and for a neighbor. He paid the man "200 bucks, a sandwich, and a beer," Mr. Vassilaros told the Z.B.A.

He assured the board that no sand was moved on the beach, but that, in his case at least, the rocks were simply brought up to the toe of the bluff, which is armored by a bulkhead.

"It's not removing anything from the beach," Mr. Vassilaros said. "Actually, what it does is clean the beach."

"People just leave it neater when it is neater," he added.

He said he was surprised that he was cited when the Property Owners' Association has not been. He was also surprised, he said, that a permit was required for the activity since he had never received notice of the association's asking for such a permit.

Never Again

Mr. Vassilaros told the board he did not plan to "scrape" the beach in front of his property again.

Though the association has a permit to dredge at its marina, no one present at last week's hearing had knowledge of a permit to perform beach "scraping."

After making its decision later in the night, the Zoning Board agreed to send a letter to the town's code enforcement officer alerting him to the fact that "scraping" may be going on there.

Scale Of Work

Heather Anderson started off the board's discussion with a saying she is fond of - that it is "easier to get forgiveness than permission" - and said she would not approve something already done that she would not approve beforehand.

The three other board members present in the end agreed with her, though the chairman, Jay Schneiderman, stressed the "very minor nature" of the work on Mr. Vassilaros's property. Still, he said, the same activity on a greater scale could have an environmental impact.

During the hearing, Brian Frank of the Planning Department agreed that there was no evidence of any disturbance or change in the beach's grade and no environmental effects from work "on this scale."