G.O.P. Gives Trustees Authority, If Briefly
G.O.P. Gives Trustees Authority, If Briefly
Outgoing East Hampton Town Board Republicans, in a parting gesture of defiance, last Thursday night approved a hotly debated measure to expand the Town Trustees' authority over waterfront development.
The incoming Democratic majority, however, called the action futile.
Supervisor Cathy Lester said the new board's "first order of business" would be to repeal the Trustee environmental review permit, as the law is known.
Another Hearing
The new law gives the Trustees authority over all waterfront land in town, except in Montauk. And it appears that the law may take effect for at least a month before it can legally be overturned.
Cynthia Ahlgren Shea, the returning town attorney, noted the town was required to file the approved law with the state within five business days, meaning by today.
The Democrats cannot repeal it without a new public hearing, she said, which cannot be held until late January or early February because of advance-notice requirements.
At that time, she said, the comments made at the hearing should be a factor in the board's decision to repeal or not.
Indignant Councilwoman
Still and all, Ms. Lester admonished the Republicans for adopting lame-duck legislation at their last formal meeting as a majority and said overturning that night's 3-to-2 vote would be the Democrats' "first order of business" when they took control at the annual organization meeting, on Friday, Jan. 2.
"It's very unfair to not even give this a chance," countered Councilwoman Nancy McCaffrey, with obvious frustration.
Mrs. McCaffrey, who leaves office on Wednesday, sponsored the resolution to adopt TERP. The idea to expand Trustee powers originated with Councilman Thomas Knobel, who likewise leaves office next week.
Z.B.A. Excluded
The law will, at least temporarily, eliminate the Zoning Board of Appeals from the review of most waterfront projects. All such projects are now reviewed by the Z.B.A., and by the Trustees as well when Trustee-owned land is involved.
Jay Schneiderman, the Z.B.A. chairman, said a few pending applications could be called into question while TERP is in effect.
"Terminated"?
One is that of Dieter Hach, who applied for a variance to build a revetment off Louse Point Road in Springs and was required by the Z.B.A. to perform an environmental study first.
In another, a hearing on Andrew Marks's plan to rebuild and expand a retaining wall on the eastern shore of Three Mile Harbor was adjourned to mid-January.
Richard Whalen, the deputy town attorney who drafted the TERP law, said he believed those and similar applications will be "terminated" by its passage.
The Z.B.A.'s jurisdiction over them will end, he said, and the property owners will have to start all over again by applying for a Trustee permit.
Wait For The Dust
It is conceivable, said Mr. Whalen, that the Trustees could make an entirely different decision from the Z.B.A.'s - in Mr. Hach's case, for example, by granting him a permit and ruling the study unnecessary. But, he said, that was unlikely to occur before the new Town Board repeals the law.
"The smartest thing would be for these applicants to wait until the dust settles," said Mr. Whalen. Their Z.B.A. applications will probably continue when that happens, he said.
Mr. Marks's retaining wall was on the Trustees' agenda Tuesday night.
The public response during an August hearing was evenly split, though both Democrats and Republicans have claimed overwhelming support for their position.
Harks To Trustees
Supervisor Lester and Councilman Peter Hammerle voted against TERP last week. Councilman-elect Job Potter, whose November victory created the Democratic majority, told The Star he too was opposed to TERP and would vote to repeal it.
But Mr. Potter said he heard an underlying message - that the Trustees' authority needs to be acknowledged and strengthened in some way. Perhaps, he said, the Z.B.A. and the Trustees could hold a joint hearing on each application for developing the Trustee-owned water front. There are, he noted, just a few per year.
"And I would hope [the Trustees] make better use of the Planning Department than they do," he said, adding the election of four Democrats as Trustees, just one short of a majority, could make that more likely.