Z.B.A. Needs Change

The East Hampton Village Zoning Board of Appeals, motivated by good intentions, is heading down the road to hell. Zoning is big business here, whether we like it or not. In the past decade or so an influx of wealthy people willing to spend whatever it takes to get what they want has changed the game, if not the rules.

In their efforts to bend the Village Code to their will, these property owners have introduced batteries of high-priced lawyers and "environmental consultants" to a meeting room lined with trophy cases and photographs of firefighters. All too often they have turned what used to be sedate give-and-takes into adversarial proceedings.

Sometimes these applicants are contending against the natural environment, which government is supposed to protect. More often, however, the board has to rule on the conflicting desires of neighbors.

It is the responsibility of the appointed members of appeals boards to consider whether variances from the laws are necessary and to weigh what the negative impacts may be if exceptions are granted. Village Z.B.A. members, however, with the exception of Joan Denny, seem ill-equipped to handle the charge.

Unlike the Town Zoning Board of Appeals, whose members spell out their reasoning as they cast their votes, Village Z.B.A. members appear to shoot from the hip - or vote from the gut - and then figure out how to justify what they have done.

Time and time again, they have been unable to articulate the step-by-step logic behind their thinking. For years, their attorney, Johanna Caleca, who recently left the job, had to walk members through the decision-making process to insure that the record showed it was based on reasoned consideration. This is inadequate at best and a recipe for legal disaster at worst.

During the early forays in the much-publicized dispute between Martha Stewart and Harry Macklowe, for example, with a court reporter hired for the occasion transcribing every word, a Z.B.A. member interrupted Mr. Macklowe's lawyer to demand that he "get to the point. What's your point?"

"I'm trying to build a record," said the surprised attorney. Not long afterward, he was told to "wrap it up, I need to take my wife to the hairdresser."

The board's decision eventually went against Mr. Macklowe, though it took a while before the members found a relevant chapter in the code to back it up. Mr. Macklowe has since sued. And these litigious goings-on are beginning to add up.

Z.B.A. members have a thankless job. They deserve credit for the many hours they devote to the community's welfare. No matter what they do, someone is going to be unhappy.

Five years ago, the Village Z.B.A. had a major decision on its hands: Should Alice Lawrence's tall wall on Highway Behind the Pond be considered a fence, in which case it would have been too high, or part of the house's design? The 1992 board handled the case skillfully, listening to elaborate presentations and rendering a solid, grounded decision. The key was a strong chairman, Irving Markowitz, who has since retired. Mr. Markowitz was diplomatic, articulate, and sharp on the issues. The Z.B.A. has not been the same since. East Hampton no longer is "Our Town." It is time for a more professional board and for stronger leadership.