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Glorious Gardens

Glorious Gardens

May 1, 1997
By
Star Staff

Spring is here, and two spectacular East End gardens that are open weekly to the general public are launching their seasons: the LongHouse Foundation in East Hampton and the Madoo Conservancy in Sagaponack.

It's daffodil time at LongHouse, at 133 Hand's Creek Road. Jack Lenor Larsen's gardens will be open on Sunday from 2 to 5 p.m. and again on May 10 from 2 to 5 p.m. so that visitors may walk around the garden's 16 acres to see innumerable bulbs in flower, outdoor sculpture, bearded and reblooming iris, and many specimen trees just coming into leaf or blossom.

LongHouse's gallery, with an exhibit of tapestries by Helena Hernmarck, will also be open on Sunday, from 4 to 6 p.m. On May 10, Brent Heath, a daffodil expert from Virginia, will lead tours of the garden.

As of this week, the gardens will be open every Wednesday from 2 to 5 p.m. There is a suggested payment of $10 for nonmembers at the gate.

The Madoo Conservancy, the Sagg Main Street garden created by the artist Robert Dash over the past 30 years, will open for the season this weekend with new visiting hours: every Saturday through Sept. 27 from 1 to 5 p.m.

Within the two-acre gardens, more than 30 environments provide a kaleidoscope of colors, textures, and styles. New features this year include a watercourse connecting the first and second ponds, with miniature waterfalls. A new terrace will be laid out near the largest pond.

An 11-foot-high basket folly, backed by an excedra covered in violet clematis, is a feature at the end of the rose walk. There have been major new plantings of spring-flowering bulbs as well.

Garden admission is $10.

Looking Ahead

Looking ahead, Madoo will celebrate the season of rebirth with its annual $100 benefit brunch on June 15 from 11 a.m. to 1 p.m. The garden designers and authors Joseph Eck and Wayne Winterrowd will be guests of honor.

For three days in August, beginning on the 11th, the Madoo Conservancy will sponsor its first horticultural institute, featuring not only noted East End landscape designers and gardeners but also the famous British garden designer Penelope Hobhouse as special guest speaker. Ms. Hobhouse recently won the Victoria Medal of Honor from the Royal Horticultural Society.

Mr. Dash, who used to write for The Star some years ago, has resumed his biweekly column as of today. It starts on the first page of this section.

Recorded Deeds 05.01.97

Recorded Deeds 05.01.97

Data provided by Long Island Profiles Publishing Co. Inc. of Babylon.
By
Star Staff

AMAGANSETT

Koch to George Suspanic and Kathleen Raleigh, Bluff Road, $470,000.

BRIDGEHAMPTON

Gottlieb to Susan Coldwell, Sprig Tree Path, $360,000.

Agnello to Edward Gordon, Millstone Road, $235,000.

Brancato to John Farber and Wendyll Brown, Topping's Path, $437,500.

EAST HAMPTON

Honorowski to Stephanie Reit, Buell Lane Extension, $322,000.

Caiani estate to Adam Flax and Annette Hinkle, Two Holes of Water Road, $290,000.

Morgan to Mark Palagye and Wallace Muraoka, Stokes Court, $208,000.

Halpern to Elizabeth Crane, Marina Lane, $695,000.

Judd estate to Paramount Homes I Ltd., Atlantic Ave nue, $232,000.

Grom to Peter Rothwell, Harbor View Lane, $150,000.

Bassett to Barry Murac and Myles Reilly, Sherrill Road, $225,000.

Davidson to David Keys, Gingerbread Lane, $220,000.

MONTAUK

Onorato to Joseph Luksic and Leslie Johnson, Mulford Avenue, $175,000.

Callahan to Richard Firshein, Old Montauk Highway, $872,500.

NORTH HAVEN

Stark to John and Jennifer Crompton, Sunset Beach Road, $770,000.

NORTHWEST

Bennett (referee) to Shaw, Licitra, Esernio & Schwartz P.C., Northwest Landing Road, $163,000.

NOYAC

Pellegrino to Cyril Forde, Oak Drive, $160,000.

SAG HARBOR

Saladino to Michael Arena, Vitali Celli Avenue, $300,000.

SAGAPONACK

Sagg Fields Dev. Corp. to Frances Levine, Sagaponack Main Street, $330,000.

SPRINGS

RJP Contracting Corp. to Constance and J. David Wilkerson 3d, Norfolk Drive, $199,000.

WAINSCOTT

Conklin to Lauren Howard, Michael Berman, and Victoria Hagan, Sayre's Path, $700,000.

WATER MILL

Damiecki to Fred and Gail Jackson, Uncle Leo's Lane. $167,500.

 

For The Outdoorsy

For The Outdoorsy

May 1, 1997
By
Star Staff

The East Hampton Trails Preservation Society's Lee Dion plans to lead a hike along the Northwest Path on Saturday beginning at 1 p.m. from the corner of Hand's Creek Road and Scoy's Path West.

The leisurely paced hike will include parts of the Paumanok Path. Hikers have the option of walking the entire 9.5 miles or a shorter, three to four-mile, stretch with a second hike leader.

On Sunday the society has Hither Hills in mind for a 10 to 11-mile hike beginning at 10 a.m. Rick Whalen will guide hikers on this longer of two treks. A shorter trip with a separate leader will also be offered.

Movable Feast

The full hike includes attractions like the Ram Level, the coastal trail, the Keyhole, Stephen Talkhouse Path, Fresh Pond, and Devil's Cradle. Those in for the long haul have been asked to bring a lunch. The meeting place is the Montauk Recycling Center.

A hike at an undisclosed location scheduled for Wednesday at 10 a.m. completes the society's outings for the week. Richard Lupoletti will guide hikers along a little-used trail in a developed area of town.

When connected with the newly acquired Watchtower property, this section of trail will become a link in the Paumanok Path between Northwest and Amagansett. Hikers have been asked to meet at 66 Oyster Shores Road off Springy Banks.

Sounds Of Nature

On Saturday from 10 a.m. until noon, the South Fork Natural History Society will offer "The Sounds of Nature With Kindermusik," for children 18 months to 7 years old. Ellen Johansen will have kids dancing and making music outdoors with natural objects.

Children can bring objects to use as instruments, such as a shell or seed pod, or they can experiment with Ms. Johansen's collection. The society suggests that participants bring beach chairs, or a blanket, and a snack.

Those interested can call the society's Natureline in Amagansett to learn where to meet.

Birding For Beginners

The Group for the South Fork has scheduled a "Birdwatching for Beginners" workshop for Saturday from 8 a.m. until 4 p.m., starting outdoors at Hunter's Gardens in Southampton.

A midafternoon classroom session is planned for the Quogue Wildlife Refuge Center. The workshop will finish up at Dune Road in Southampton with participants searching for wading birds and shore birds along Shinnecock Bay.

This is the time of year that migrating birds of the forests, fields, and marshes descend on the East End. The course costs $20 for members of the Group, $40 for nonmembers. All have been asked to pack a lunch and bring their own binoculars. Reservations are required and can be made by calling the Group's headquarters on Main Street in Bridgehampton.

Bike Tour

Volunteers interested in helping the Nature Conservancy protect nesting piping plovers and least terns have been asked to call the conservancy's East Hampton offices today in order to sign up for Saturday's outing and to learn the meeting place. Volunteer work days are scheduled for each Saturday in May.

The Cycle Path shop of Amagansett has again scheduled a two-to-three-hour guided bike tour of Hither Woods for Sunday. Participants should have some trail riding experience, and helmets are required. Bikers have been asked to meet at the shop at 3:30 p.m. on Sunday, or at the Montauk Recycling Center on Montauk Highway at 4 p.m.

The Cornell Cooperative Extension service has a "North Fork Spring Weekend" planned for Friday through Sunday. Activities include a hike through maritime forest in Orient State Park and a kayak trip through a salt marsh at Cedar Beach County Park. Visits to the Horton's Point Lighthouse and the Cedar Beach shellfish hatchery are also planned.

All-Inclusive

Accommodations will be provided by the Sunset Motel in Greenport. The cost of the weekend is $180 per person based on double occupancy. It includes lodging, meals (Saturday breakfast through Sunday brunch), guided tour fees, and all gratuities.

Advance registration and payment are required by calling the Marine Program headquarters in Southold.

Incentives To Preserve

Incentives To Preserve

Julia C. Mead | May 1, 1997

This is the second article in a series examining various aspects of real estate on the South Fork.

Private land conservation is a South Fork territory in which a lot is happening, although few people ever hear about it. Even fewer understand it.

Jon Grossman, a developer and vice president of the Windward Group real estate agency, became involved, like some others, inadvertently. Trying to decide whether to build a house for speculation on two Accabonac acres he had bought, or heed the warning signs from the salt marsh and cedar forest that cover most of it and rid himself of a risky project, he ended up doing both.

Land Swap

"We had all the permits to build. But the more time I spent up there, the more I felt funny about it. It's such an environmentally sensitive piece of property that I felt I should find some way of preserving it," said Mr. Grossman.

"I'm not a philanthropist, though. I needed to come out of this with some kind of return."

He called Paul Rabinovitch, director of land protection at the Nature Conservancy's East Hampton office, and offered to sell.

Coincidentally, Marjorie Jonas of Amagansett had recently donated to the conservancy a three-acre lot nearby, on Red Dirt Road in Springs, which the conservancy determined had no ecological value.

Mr. Rabinovitch proposed a swap.

A multifaceted deal that took a year to craft ended up merging Mr. Grossman's parcel into the nature preserve around the shores of Accabonac Harbor. The preserve is being created one lot at a time by the conservancy and East Hampton Town.

Tax Benefits

Ms. Jonas's gift made her eligible for an income tax deduction, which she could use to offset any capital gains tax from the sale of her adjacent house lots.

Mr. Grossman got a three-acre lot on which to build a house and a break on the property taxes for that lot through a conservation easement.

To cover the difference in value between his waterfront lot and Ms. Jonas's upland one, the developer also got a $60,000 income tax deduction he can spread over six years, and a $10,500 "boot" - a cash payment - from the conservancy.

Private land conservation is the purview of land banks such as the Nature Conservancy and Peconic Land Trust, environmental organizations such as Group for the South Fork, and a small number of tax lawyers, private planners, and accountants.

Spurs To Preservation

The financial incentives they offer to individuals for preserving all or part of their property include outright gifts, phased-in gifts or purchases, land swaps, bargain sales, conservation easements, the sale of development rights, and reserved life estates, which allow the donors to use their property for his lifetime while removing it from the taxable assets in their estate.

More than 2,000 acres in East Hampton Town have been preserved so far through such private means. And, with limited funds available to buy environmentally fragile land outright, the town's current plan for 700 as-yet undeveloped parcels here relies more heavily than ever on those methods.

Few Can Afford It

Outright acquisitions such as New York State's recent $4.18 million purchase of the 340-acre Sanctuary property in Montauk, a deal the Conservancy negotiated, are increasingly rare. So are outright purchases by private nonprofit organizations, which are almost entirely dependent on donations.

Gifts, such as Deborah Ann Light's to the Peconic Land Trust of 20 acres of woodland and orchard at Stony Hill and 193 acres of farmland at Quail Hill in Amagansett, are also the exception. Ms. Light had expected to leave Quail Hill to the trust in her will, but changed her mind and signed over the deed two years ago.

"There are only so many people with hearts of gold walking around," said Mr. Rabinovitch. He pointed out that most property owners, like Mr. Grossman, cannot afford to give their land away, income tax deduction or no.

Income Tax Breaks

As a result, various other tax incentives have been developed over the years and have received the approval of the Internal Revenue Service and other taxing agencies.

They are not, however, without their critics, who sometimes say these incentives are little more than new tax dodges for the rich.

But, said Robert DeLuca, president of Group for the South Fork, "we have to assume any land that is available for development will be developed. And we will all pay the price for the increased need for services - schools, roads, fire protection, and so forth - through suburban growth and higher property taxes."

"The income tax break these donors are getting should be a secondary consideration for us here," he said.

Robins Island

The roughly 395-acre conservation easement covering all but 40 acres of Robins Island in Peconic Bay will reap the island's owner, Louis Bacon, a multimillion-dollar income tax deduction for the gift of the easement to the conservancy, said Randall Parsons of LandMarks Associates, a land-planning firm based in East Hampton Village.

Voluntarily encumbering a property with an easement meets the criteria for a proportionate reduction in property taxes as well.

But, said Mr. Parsons, the Robins Island easement, filed just three weeks ago, will not only insure the island never has more than one dwelling on it but also preserve its historic use as a nature preserve and hunting lodge, and allow environmentalists and biologists to study there.

"Bargain" Sales

Among other preservation methods, bargain sales are becoming increasingly popular. There, a property owner who sells to a conservation group or municipality for less than the full market value may take an income tax deduction for the difference, considered a gift to charity.

The owner could also use the "loss" to offset any capital gains tax that comes due from the sale of that property or another.

East Hampton Town recently bought 25 acres of tidal wetlands at Soak Hides Dreen, which empties into Three Mile Harbor, and from a bargain sale will soon get the chance to expand the holding by 4.5 adjacent acres, for just $28,000 an acre.

Soak Hides Dreen

The owner, Martin Forma, bought about six acres there in the 1970s, intending to build a marina someday. The zoning in those days might have allowed it, but not now.

With the land encumbered by the wetlands and precolonial remains of an Indian settlement, "he never would have been able to build a marina, but he could have spent a lot of money trying," said Mr. Parsons, whose firm was hired to help Mr. Forma "liquidate."

The town is buying part of his property for $125,000, less than the market rate. A resident of Nassau County and Florida, Mr. Forma will have a considerable nest egg as a result and his heirs will not have to pay taxes on the land. The deal closes within two months.

Mr. Forma is also selling two small cottages on the remaining land to the tenants who have lived in them for 17 years, for about $58,000 each. The Town Housing Office has helped the tenants get financing and kicked in $7,300 in Federal Community Development funds to cover their closing costs.

Mr. Parsons said the Forma arrangement was a model of its kind, showing how low-density development or none at all can make good financial sense for an owner.

And, because it satisfies community needs - to preserve wetlands, create open space, curtail development, and create affordable housing - such a proposal is far more likely than a subdivision to win easy approval, said Mr. Parsons.

Tradelands

In some cases, the land involved in a bargain sale or given as a gift is not environmentally fragile. Called "tradelands," those properties are deeded over in the expectation that they will be sold to generate cash.

Such was the case when Ms. Jonas donated her three acres, making her eligible for the charitable gift deduction and giving the Nature Conservancy a means to raise money for (or, as it turned out, leverage) the purchase of some fragile land.

The late Willet Whitmore made a gift to the conservancy of about two acres off Indian Wells Highway in Amagansett, now part of its 200-acre Double Dunes Preserve. Dr. Whitmore made the gift over seven years, though, giving the conservancy an increased partial interest in the land each year and taking the deduction for the gift.

Montauk Sale

In a shrewd move, he had the land reappraised each year. Each appraisal showed a slight increase in value. That meant Dr. Whitmore was able to take larger and larger deductions, said Mr. Rabinovitch. And, by giving away the property, he too relieved his heirs of part of their inheritance tax burden.

In another version of a phased-in transfer, the conservancy is taking the last available opportunity to expand its 10-acre Montauk Mountain Preserve by buying 1.8 acres from Sigrid Owen and her son, Christopher Owen, in two installment payments.

The no-interest deal will allow the sellers to spread the income from the sale over two tax periods.

Farmland Preservation

The preservation of farmland raises a special concern, for the land not to be just preserved, but actively farmed, and conservationists have created special tools as a result.

Most common is the purchase of development rights, which allows a farmer to continue farming and compensates the farmer at the same time for the loss of potential income, from selling off the land as house lots, for example.

However, some local farmers who have taken money for development rights have later felt themselves unfairly restrained by the conditions of the agricultural easement placed on their land.

Henry Schwenk, who sold the rights to his 60-acre Hardscrabble Farm, said he ended up with a retirement fund but still worries that zoning regulations and the limits of the agricultural easement will someday put the farmer who now leases his land out of business.

Long Lane

Mr. Schwenk owns another 40 acres on Long Lane and offered the rights to the town, but said this week he was undecided.

"The town, the county, never mind what they say. They don't give one damn about agriculture. They want to preserve the vista. . . . I have to say, the real problem is, you can't legislate farmers," he said.

The town's $560,000 purchase of development rights preserved 16 of the 20 acres at Cagramar Farms, mostly horse pastures on North Main Street. There, the town paid Joseph Martuscello not to develop 14 of his 17 lots.

Cagramar Farms

Mr. Parsons was hired by the town to negotiate with Mr. Martuscello, who insisted he be allowed some moneymaking use for his land or the deal was off. Eventually, a watered-down version of Mr. Parsons's proposed winery law was adopted, and Mr. Martuscello is planting wine grapes this year.

He took less than the market value for his house lots, $40,000 apiece, raising the possibility of a tax deduction for the loss, but also had other options.

A related Town Board resolution said the town would take any steps necessary, including condemnation, to preserve Cagramar. The proceeds from an involuntary sale - one made, for instance, under threat of condemnation - are entirely exempt from capital gains, said Mr. Parsons.

"Like-Kind" Parcels

Additionally, Mr. Martuscello used the $560,000 from the sale to buy "like-kind" properties, meaning investment properties, nearby on North Main Street. Within a couple of weeks he owned two parcels zoned for business, possibly a restaurant to complement his winery someday.

Capital gains are entirely deferred if the seller buys a similar property of greater or equal value, said Mr. Parsons.

"Mr. Martuscello is a tough businessman, but he has a soft spot for agriculture. What happened at Cagramar Farm should be a model. Maybe it took someone like him to make us cover all the bases," said Mr. Parsons.

M.H.T. Plans Hit A Snag

M.H.T. Plans Hit A Snag

Susan Rosenbaum | May 1, 1997

Plans to build a new parish hall for the Most Holy Trinity Catholic congregation got stuck last week in what East Hampton Village officials now are calling a mere "misunderstanding."

Representatives of Most Holy Trinity had brought a site-plan application for a 7,200-square-foot multipurpose building near the church's school building to the Village Design Review Board on March 5. But village planners, sensitive to the fact that the eight-acre property is in a residential neighborhood between Buell Lane and Meadow Way, expressed concern about the building's "size and mass."

The stand-off which followed brought a Most Holy Trinity priest, the Rev. Donald Desmond, to Village Hall on Tuesday to determine "just what power" the board had. Mayor Paul F. Rickenbach Jr. reported afterward that they had had a productive talk.

"Isn't the village always impressed with imposing edifices?" Father Desmond asked in an interview. "Or do they want shacks?"

Have Reservations

The Roman Catholic Diocese of Rockville Centre has approved the site plan for the construction but Design Review Board members have specific reservations. So do some of the church's neighbors.

The Review Board had asked the church to rethink the siting of the hall on the property, as well as its proposed parking layout, which members said meant increased traffic and parking on Meadow Way.

Frank Hollenbeck, the church's architect, responded this week by letter.

"The parking will be examined and possibly revised . . . to meet concerns of public safety," he wrote. Neighbors already have complained about the use of Most Holy Trinity School's playing fields and about tailgate parties after Little and Lassie League games, among other issues.

No Conflict Seen

Among those on the Design Review Board who are studying the application are Ina Garten, the board's newest member, who lives on Buell Lane, and Carolyn Preische, the board's chairwoman, of Meadow Way.

Asked if the two might have a conflict of interest in considering the project, Mayor Rickenbach said Monday that self-concern was something the board members could "rise above."

Mrs. Garten, who owns the Barefoot Contessa food shop on Newtown Lane, reported that she had, in fact, inquired about a potential conflict, but was assured by board members that "we're all in the village, and it behooves us to hold the same standards everywhere in the village."

Mrs. Preische, on holiday in Holland, could not be reached for comment.

An alternative plan suggested at a recent D.R.B. meeting would move the location of the new buildingdirectly behind the 100-year-old church, rather than next to the school. It also calls for "phasing in" parking for between 96 and 127 cars on the site of the existing playing fields.

Building the parish hall behind the church would "minimize the impact of the building," said Robert Hefner, the village's historic preservation consultant. It also could be screened better with landscaping.

"There are no easy answers to this," Mr. Hefner said, adding that better "communications are called for." He noted that the Village Code "encourages" applicants to consult with the board, as well as the fire and building inspectors, before filing applications. "M.H.T.," he said, "did not do that."

Firm Stand

The church, built of wood with a shingled roof in 1894 as St. Philomena's, is listed on the State and National Registers of Historic Places. The school is not covered by a historic designation.

Church officials, including Father Desmond, want the parish hall built "in conjunction with the school with a safe courtyard in between for the children." Roughly the size of the Revco drugstore on Gay Lane, it is similar in design to the 12,000-square-foot brick school building.

Mrs. Garten said it was unfortunate that "they're fashioning the building after the school, not the church." She said "the whole property relates to the church."

Pointing out that land surrounding the church was in a historic district, Mr. Hollenbeck said the new building would not be built within it since "it may be subject to additional restrictions. . . . We will not put the hall in close proximity to the church. . . . We will not destroy the play fields. . . . We will not destroy the shrine area east of the church, as proposed by the Design Review Board."

Echoing the sentiments of village officials and planners, Mrs. Garten said that, while the D.R.B. has the responsibility of "making sure new construction fits within the village's guidelines, there is a solution that satisfies everybody."

Talks To Come

According to the code, the church will have to obtain "conceptual," or preliminary, approval from the Design Review Board for its site plan before requesting a special permit from the Village Zoning Board of Appeals to build the hall in a residential district. If it obtains Z.B.A. approval, the church will have to return to the Review Board for final approval.

"Sitting down and talking," said Mrs. Garten, "will solve the problem."

More talks, such as occurred between the Mayor and the priest this week, could occur on Wednesday at 7 p.m., when the Design Review Board meets again at Village Hall.

 

Drive For Peltier Comes To East End

Drive For Peltier Comes To East End

May 1, 1997
By
Jack Graves

Dennis Banks, the American Indian Movement's founder and a veteran of Wounded Knee, made Southampton College and the Hampton Day School in Bridgehampton stop-offs this week in his latest tour to secure the release of AIM's co-founder, Leonard Peltier, who has been imprisoned for 21 years.

The case has received widespread publicity, including feature and documentary films, such as Robert Redford's "Incident At Oglala: The Leonard Peltier Story," and a book, "In The Spirit Of Crazy Horse," by Peter Matthiessen of Sagaponack.

"People have asked me over the years if I did not have any remorse for the families of the two F.B.I. agents" [Ron Williams and Jack Coler] who were killed during what he said amounted to a Federal Bureau of Investigation invasion of the AIM campgrounds in Oglala, S.D.

Other Deaths

"Of course I do. I feel sorry for anyone who is killed. But my remorse was already there," said the imposing, soft-spoken Mr. Banks, pointing to his hairline. "Sixty-four people, AIM members, had already been killed in the camp by Federal police goons."

Whereupon, Mr. Banks, whose talk began and ended with a "drum circle" before a group of about 100 at the college's Business Center Monday night, named some of the Native American dead. He said that, contrary to official reports, Anna Mae Aquash, an AIM activist, had not died of exposure, but from a bullet to the back of the head.

"Exposure? An Indian dying of exposure? It's like saying an Eskimo froze to death," he said.

"Came In Shooting"

The news reports that followed the violent Oglala encounter of June 25, 1975, had failed to name the Indian - Joe Stuntz - who had been killed in the firefight, said Mr. Banks. "After the news about Williams and Coler ended, they said, 'Meanwhile, an AIM Indian also was killed.' No mention was made of who he was."

Virtually the entire official version of the incident at Oglala had been fabricated, said Mr. Banks, including, he claimed, the evidence concerning the match of the shell casing and firing pin matched. This was the evidence that led to Mr. Peltier's conviction for aiding and abetting in the murder of the two agents.

"Can't Scare Us"

"It was said that two lone agents had gone into the camp to serve a warrant. The F.B.I. came in shoot-ing. . . . They came to destroy our people. Within the first two minutes we were surrounded by 150 agents."

Mr. Banks said he was familiar with the Government's preemptive tactics because of his earlier experience at Wounded Knee. He said that after he and Russell Means had been acquitted of all charges stemming from Wounded Knee, a prosecutor had promised that he'd see prison in time.

"Prison?" said Mr. Banks. "I came from prison. Talk of prison couldn't scare me. Our people have been in prison all our lives. Ask the families of Geronimo about prison, ask the families of Chief Joseph. We know about prisons and forced marches and the great hero, Andrew Jackson. Fifteen thousand to 16,000 Cherokees died on that march to Oklahoma. We know brutality. . . . They can't scare us."

The animosity that the United States Government has had for native peoples was ancient, he said, and continued to this day.

Case "Manufactured"

Mr. Peltier, said Mr. Banks, was "no murderer." The case was manufactured in a desperate attempt to round up a scapegoat, he said. A witness, Myrtle Poor Bear, whose affidavit claiming she had seen Mr. Peltier shoot the agents, which was cited in Mr. Peltier's extradition from Canada, had later recanted, he said. She acknowledged later that she had perjured herself because she feared F.B.I. retribution.

"I know Leonard Peltier will be free one of these days," said Mr. Banks. He cited pleas for his release over the years from such organizations as Amnesty International, the World Council Of Churches, the National Association of Defense Lawyers, 50 United States Representatives, four Senators, and world leaders, including Nelson Mandela, Jacques Chirac, Mikhail Gorbachev, Jesse Jackson, and the Dalai Lama. Petitions for his release had to date received 50 million signatures worldwide, he said.

Clemency Urged

Among the prominent petitioners is a Federal Appeals Court Judge, Gerald Heaney, who heard Mr. Peltier's last appeal, in 1986, and now thinks, according to a published report, that Mr. Peltier should receive clemency.

"The best news" Mr. Banks said he had heard recently was from Ben Nighthorse Campbell, a Senator from Colorado, who "five or six days ago" said he had written President Clinton and the Justice Department in behalf of Mr. Peltier's release, and had promised to hold "full hearings."

The "Bring Peltier Home" tour is to travel to university and college campuses in Massachusetts and New York this month. An international conference to urge clemency will be held in Tulsa, Okla., from June 19 to 22.

 

Fire Shuts Down Palm

Fire Shuts Down Palm

Michelle Napoli | May 1, 1997

The Palm restaurant at the historic Huntting Inn in East Hampton was closed for repairs this week following a kitchen fire. The nearby James Lane Cafe, which is under the same management, was opened on Saturday night, three weeks ahead of schedule, to offer the Palm's menu until it resumes business, probably next week.

The Main Street shopping district was closed to traffic for almost an hour and a half last Thursday afternoon as volunteer firefighters put out the relatively small blaze, which began in a kitchen wall. No damage can be seen from outside the building.

Inside, though, there was extensive damage to the kitchen, which is being almost entirely rebuilt and re-equipped. A second-floor bathroom and a third-floor bedroom were also damaged.

Fire Rose Upward

The upstairs damage was inevitable, said East Hampton Fire Chief James Dunlop, as firefighters, working to insure there were no hidden embers, cut back parts of the ceiling, floors, and walls.

The fire rose through the walls because of the way houses used to be built, explained Mr. Dunlop, who was making one of his last calls as chief of the East Hampton Fire Department.

The original building was constructed as a residence for the Rev. Nathaniel Huntting in 1699 and has been added onto many times over the years. Its use as an inn dates from the Revolutionary War.

Main Street Closed

The fire may have been caused by a flying spark, said Mr. Dunlop, or the old wood wall could have ignited on its own after being exposed to heat and wear over the years.

Between 90 and 100 volunteers responded to the alarm, with all the department's equipment. Ambulance personnel were on hand as well but there were no reported injuries.

Main Street had to be closed because volunteers hooked up one hose to a fire hydrant several hundred yards away, at the corner of Newtown Lane and Main Street. That hydrant "has always been the best one," the chief said.

The Suffolk County Water Authority has been updating other hydrants in the area since last year.

The Palm's fire alarm system went off when the fire began, but the restaurant's manager, thinking it was a false alarm, told village emergency dispatchers to ignore it. The automatic system reportedly often registers false alarms.

The manager called back about nine minutes later to request that the fire department respond.

Nick and Toni's

Another East Hampton restaurant, Nick and Toni's on North Main Street, also called in firefighters last week, on the evening of April 23, following a report of smoke in the basement. Mr. Dunlop said the cause was an electrical problem, either in the circuit-breaker or an ice machine. There was no fire damage.

At 12:09 a.m. that same day, Edward Curran, who lives behind Duke's restaurant, awoke to smell smoke and found a small fire in his kitchen. He extinguished it himself with a garden hose and then called for fire chiefs to check that it was out completely.

According to Mr. Dunlop, the fire began near a hot-water heater. Mr. Curran, who has no smoke detectors in his cottage, was lucky he woke up when he did, said the chief. One "whole end of the house was scorched," said Mr. Dunlop, noting that smoke detectors are required by law.

Truck Totaled

Again on April 23, a call of a truck on fire brought volunteers to 145 Old House Landing Road in Northwest. No one was at the house at the time, and a neighbor reported the fire. The truck was totaled, said Mr. Dunlop.

Mr. Dunlop's two-year term as chief ended on Saturday night, when new officers were inducted at the department's annual Inspection Dinner, held at the Maidstone Club.

Effective today, the new chief is David Griffiths. Francis Mott is the new first assistant chief and David Collins is second assistant.

 

Passover Surprise

Passover Surprise

Stephen J. Kotz | May 1, 1997

It was shaping up to be a pretty glum Passover last week for Irving Kaufman and other Jewish patients who were cooped up in Southampton Hospital. Place mats and napkins with Passover themes would be no substitute for attending a seder or enjoying a bowl of matzoh ball soup, Mr. Kaufman told a dietitian, Regan Kiembock.

He was surprised, then, later that day when he received a call from the hospital kitchen asking him when he would like to be served.

In a letter to The Star this week, Mr. Kaufman marvels about the quality of the soup, calling it "one of the best I ever had the pleasure of tasting: light, succulent matzoh balls and a deep golden chicken soup rivaling Mom's!" Mr. Kaufman said his pleasure was heightened when he learned the soup had been prepared by Dr. John J. Ferry Jr., the hospital president.

Dr. Ferry confessed on Tuesday that the story was, indeed, true. "I guess I've launched a new tradition," he said.

The doctor, whose wife, Karen Fifer Ferry, is Jewish, and his family were sitting down to their own seder when he wondered how many Jewish patients were in the hospital. A call to admissions told him there were three, so the family decided to share their meal.

Although hospital regulations require that food served to patients be prepared on the premises, Dr. Ferry said he "applied a Talmudic solution" to the problem. Since the Ferrys' house is on hospital property, "I figured that qualifies as 'on the premises,' " he said.

Although Dr. Ferry said he "is the cook of the family," he was quick to share the credit with his mother-in-law, Therese Fifer, who prepared most of their traditional seder meal and made the matzoh balls Mr. Kaufman raved about. Dr. Ferry did, however, provide the stock, using a 24-quart pot, a good-sized chicken, and hours of simmering.

 

Formative Spring Break Unity Trip To Chicago

Formative Spring Break Unity Trip To Chicago

May 1, 1997
By
Jack Graves

More than two dozen high school students who participate in an afterschool program dedicated to enhancing their sense of self spent most of last week's spring break in Chicago, coming back, as one of the group's leaders put it, empowered.

And, while the students were personally enthusiastic about the trip, their mentors came back resolved to try to make the program a part of the Bridgehampton and Southampton schools' regular curriculum.

The program is called the Unity School, and it is run by William Hartwell, a longtime mentor of youth throughout the South Fork. It meets Thursdays for three hours after school at Bridgehampton. About 50 students from both communities participate. In addition, there is a junior-high group numbering about 20.

Varied Itinery

For virtually all, including Richard Wingfield, the Southampton District's community liaison, it was their first visit to that city. The itinerary included visits to the DuSable Museum of African American history, Michael Jordan's restaurant, and the Trinity United Church of Christ, whose congregation, the city's second-largest, numbers 6,000.

The group stayed at a Y.M.C.A. near Cabrini Green, a complex of municipal housing, where a number of the visitors, including Mr. Hartwell, played basketball with neighborhood kids.

Perhaps most significant was a visit with Dr. Jawanza Kunjufu, an educator and lecturer whose multicultural curriculum Mr. Hartwell uses in the Unity School's classes.

Curriculum's Author

"The whole thrust of Dr. Kunjufu's curriculum, which we'd like to make available to all black, white, Native American, and Hispanic students here, is to make everyone feel valued," said Mr. Wingfield. "And you can't do this without a sense of history, of where you come from. Harriet Tubman and Martin Luther King shouldn't have died in vain, nor should all of the other peaceful warriors."

At the DuSable Museum, which featured exhibits on pre-Civil War and Civil War days, as well as Civil Rights movement photographs, and artifacts from Africa, the students were put in touch with history in a way they hadn't been before, said Mr. Wingfield.

"I think the kids had mixed emotions coming home. There was a lot of sadness as well as enthusiasm. And while maybe they couldn't quite articulate it, they'd just been empowered. They had learned that it's about being bold, not about playing small, not shrinking from the world," Mr. Wingfield said.

Doing What's Right

"Now, we have to keep saying to them, 'It's up to you now.' That that journey we made was about a kind of evolving, about being able to take on a tremendous responsibility . . . that you have to take a stand in doing what's right," he added.

For Shaquanna Jenkins, Edith Crews, and Taryn McGrath, the church service was particularly notable. "Dr. Kunjufu is a member there," said Mr. Hartwell. "It was unbelievable. We were welcomed by the minister. They had a great choir, more than 200, wearing African kente cloth. The sun was shining through the glass roof on them. . . ."

For Paul Jeffers, one of several members of the Bridgehampton state-champion boys basketball team on the trip, the sighting of the Chicago Bulls' Ron Harper, "right around the corner from Michael Jordan's restaurant," was noteworthy, as was the visit to the DuSable Museum and to Dr. Kunjufu's African American Images publishing company where Dr. Kunjufu, who has lectured at Southampton and East Hampton High Schools in the past, talked to them about self-esteem and success.

Still An Appendage

While thankful that the Southampton and Bridgehampton School Districts had shared the cost of transportation, via the Hampton Jitney, to and from Chicago, and that Southampton buses students to Unity School classes in Bridgehampton, Mr. Wingfield said he and Mr. Hartwell hoped that soon the Unity School would "no longer be an appendage of the schools, but a part of their curriculum."

"I have a lot of admiration for William for holding on to his vision. The school systems still don't know how to make it part of their curriculum. It shouldn't be like that. There should be multicultural programs in Bridgehampton, Southampton, East Hampton, Bellport. . . . It's extremely hard to keep yourself in sight when you don't see yourself, when you have no positive role models, no vision that is valued."

Seeing Growth

The two men and some of the students who went on the trip will meet with the Bridgehampton and Southampton School Boards on May 12 and May 13 to press the point.

"I could see these kids grow in those few days," Mr. Wingfield said on his return. "Sometimes you have to go outside of your community to see yourself as who you are rather than who you are led to think you are. . . . I think taking kids into the world in the way we have [the Unity School visited Washington two years ago and Atlanta last year] is the best educational experience you can give them."

 

New Law Alarms Immigrants

New Law Alarms Immigrants

May 1, 1997
By
Carissa Katz

A new Federal law that places greater limits on legal immigration, makes penalties for illegal immigration more severe, and expedites the deportation process has many immigrants in the community worried, hungry for accurate information, and even rushing to the altar to marry United States citizens.

Immigrants on the South Fork, whose numbers have increased dramatically in recent years, are caught in the vortex of the nationwide debate over immigration policies. Last year Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which, among other things, sets a deadline for illegal immigrants to leave the country and makes legal immigrants deportable for minor crimes committed years ago.

The law reflects a sentiment among some Americans that immigrants are taking jobs away from Americans and milking social service agencies for undeserved benefits.

Fulfilling A Need

But advocates for immigrants on the South Fork take issue with this view. "If the immigrants on the South Fork were all gathered up and thrown out tomorrow, we'd be in big trouble," said Sister Cathi Kugler of the Hispanic Apostolate of Southampton.

Sister Cathi thinks the Immigration and Naturalization Service needs to hear that "these people are fulfilling a real labor need out here on the East End," a need that would not be met without them, "especially not at the wage the Hispanic gets."

"Wherever there is a high concentration of immigrants the economy in this country is stronger," she said.

Sister Cathi is opposed to many of the new law's provisions, but said she was "taking a wait-and-see attitude."

Unfounded Rumors

"Every day things are changing," she said. One thing she feels confident of, however, is that "Immigration [and Naturalization Service] is not looking to spend money deporting people."

When portions of the law went into effect exactly one month ago, unfounded rumors that the I.N.S. planned to round up and deport undocumented immigrants en masse ran rampant in immigrant communities.

The law provides that, with certain exceptions, illegal immigrants who remain in the country for 180 days after April 1, 1997, will be barred from re-entering for three years, and those who remain beyond one year will be barred for 10 years.

Anthony Rosalia, the editor of the Southampton-based Spanish-English weekly El Mensajero and a court interpreter on the East End, agrees that immigrants are an important part of the local economy. "Many, many people, yes, they're undocumented, but they pay every penny of their taxes and they've never gotten a refund," he said. "The only time they might get help is if they have a baby."

A Colombian immigrant, "Miguel" (not his real name), spoke to The Star on condition of anonymity after a workshop on the new immigration law held in East Hampton.

He is one of the undocumented in the East End's work force and originally came to the U.S. on a tourist visa with his wife and two daughters. When their visas expired, the family did not leave the country and all of them are now "out of status."

Long Hours, Little Money

Each morning, long before his wife and two daughters are out of bed, Miguel gets up for a delivery job that lasts for hours. When he's through he takes a two-hour break, then reports to his second job as a house painter. He earns less than $10 an hour but is a willing employee, offering to put in additional hours, an extra day, or to do jobs his co-workers may not want to tackle.

On The Books

"The American employers love the Latin man because he will work longer and for less money than Americans who have the fortune to be born here, speak good English, and can do anything they want to do," he said. "They would not like to do the work I do."

Miguel works on the books and has state, Federal, Social Security, and Medicaid taxes taken out of his paycheck, but like many other undocumented immigrants who work with a false Social Security number, he has never filed an income tax return.

He and his wife have built a life in East Hampton. They are both working and learning English. His daughters are enrolled in school here. Before the family came to the U.S., Miguel's mother was already living here. As a legal resident, she was able to petition for Miguel's sister to get her green card.

After several years of living outside the system, but paying into it, Miguel wants to do the right thing. He's tired of looking over his shoulder, tired of worrying about the fate of his family should their situation be discovered, and anxious to legalize his status.

Slim Chances

Before the changes in the law, Miguel might have been considered for legal residency despite all this. Now, his chances of doing so while staying in the U.S. are slim to none, and his chances of keeping his family together through the process are almost nil. Unless they leave their life here behind and have someone sponsor them, while they wait in Colombia, they have virtually no hope of becoming legal residents of the U.S.

His mother could petition for him, but the process might take years, and she could not petition for both him and his wife, because in-laws and even siblings are not considered admissible immediate relatives.

Under provisions of the new law, if he falsely claimed citizenship to obtain his job, for example, and I.N.S. found out, he could be deported and barred from ever returning to the U.S. or legalizing his status.

"Harsh" Law

"The law is very harsh. There is no amnesty," said Veronica Tobar of the Manhattan-based New York Immigration Coalition. "The climate in this country is anti-immigrant."

In the past month Ms. Tobar led three workshops at local Catholic churches addressing the new immigration law, in East Hampton, Montauk, and Southampton. The workshops targeted the large population of Spanish-speaking immigrants on the East End and were held before or after Spanish-language masses.

"The idea is to deter illegal immigration," she said, "but this is not doing it."

She and others at the Immigration Coalition have had a frantic few months as the countdown to April 1, when the law took effect, brought a deluge of desperate questions from immigrants, immigration lawyers, and advocacy groups. Since then, Ms. Tobar and her colleagues have been traveling the New York metropolitan area seeking to calm panicked rumors with the cold, hard facts.

Desperate For Facts

After the workshop in Montauk, she said, "they grabbed the information I had like you have no idea, like I was giving away money."

Some 75 people stayed after the Spanish-language mass at St. Therese of Lisieux Catholic Church in Montauk to see what she had to say. The majority of them, Ms. Tobar noted, were men working in the service and tourist industry who had originally come into the country without the proper documents. Most were from countries in South America.

The group in East Hampton was about half the size and was predominantly Central Americans who had originally entered the U.S. legally. "Their issues were completely different," she said.

Rush To The Altar

In Montauk many came hoping to hear of an undiscovered bright spot in their immigration dilemmas, but, she said, "there are no solutions for them, short of marrying a U.S. citizen and even then. . . ." She trailed off, aware that the I.N.S. will be scrutinizing each and every marriage in the last few months to be sure they were "good-faith marriages."

In the final months before the law took effect, scores of immigrants rushed to marry citizens and have their spouses start the petition process for them. Many of the marriages were real, but no doubt in some cases legal necessity hastened the course of love.

In the first three months of the year, the East Hampton Town Clerk's office issued 81 marriage licenses. For the same time period last year, the town issued just over 20 licenses.

Ran Out Of Licenses

There is no way of knowing for sure if the quadrupling of licenses is connected to the deportation scare, but Frederick Yardley, the Town Clerk, guesses that, at least in several cases, it was.

Mr. Yardley said there had been such a rush on marriage licenses in New York in the first three months of the year that the state had literally run out of them.

Though the I.N.S. claimed that getting married to a legal resident or U.S. citizen before April 1 offered no advantage to the applicant under changes to the immigration law, many believed it gave them a better shot at becoming a legal resident than any other option.

It is an unpleasant option that Miguel and his wife are considering. They have discussed getting a divorce and remarrying U.S. citizens. Then they could legalize the status of their children as well and perhaps not have to leave the U.S. "We love each other but we don't know what else to do," he said after the workshop.

Still A Chance

Melinda Rubin, an immigration lawyer with an office in Southampton, believes that the chances for becoming legal by this route may still be good for a few months. The I.N.S. has received scores of these petitions.

"If they get your application within the next two months and they accept the check, the chances are high. But after June 1, I expect they're going to start returning applications," she said.

"Ramon" and "Terry," who is American, are already married, but at the East Hampton immigration workshop, they were worried. Terry is petitioning on Ramon's behalf and they are waiting for their meetings with the I.N.S.

Grounds For Deportation

But the two have had domestic disputes in the past, and once the police were called to intervene. They are still together and said they had worked out their problems. Even so, Ramon isn't a shoo-in for citizenship, because under a provision of the new law, being convicted of domestic violence or stalking can be a grounds for deportation.

The new law also makes it harder for those seeking asylum or refugee status in the United States. It also makes it harder to file class action suits on behalf of large groups of immigrants.

"It's a poorly written law," Ms. Rubin said. Not only does it create an entirely new vocabulary of immigration terms, but it is full of contradictions, she said.

Though interpretation of the law changes daily, Ms. Rubin is able to tell people one simple fact when they ask her for immigration assistance.

"There may be a chance you're going to have to leave the country by Sept. 30," the six-month deadline for leaving the country for illegal immigrants seeking to become lawful citizens. It is an unpleasant bit of advice, but in many cases it is the best she and other advocates can offer.