East Hampton Town

Seek Police Body Cameras, Training

Representing a new citizens group called Current, Louis Myrick spoke to the East Hampton Town Board last Thursday about earmarking money in the upcoming year’s budget to buy body cameras for town police.

Current, Mr. Myrick said, is “dedicated to truth, reconciliation, and positive change.” In light of issues across the country regarding “misuse of force by certain members of law enforcement,” he said, “we wanted to have a conversation with you all about allowing, in the budget, for the Police Department to have a pilot program” that would test the use of body cameras and offer “training in de-escalation.”

He asked for time at an upcoming town board meeting to provide further information about the rationale for the idea and support for it. Supervisor Larry Cantwell said that a presentation would be fine, and suggested that, in addition, Mr. Myrick might meet with East Hampton Town Police Chief Mike Sarlo.

A Spinner Lane C.P.F. Buy

Also at its meeting last Thursday, the town board authorized the purchase of four acres on Spinner Lane in East Hampton from Timothy Healy and Gail McAdoo for open space using $1.8 million from the community preservation fund. The seller will remove a house and a pool on a portion of the property before the sale.

The public comment period on the Army Corps of Engineers’ Fire Island to Montauk Point shoreline proposals, a $1.1 billion project that has been more than half a century in the planning, extends through Sept. 29, with a hearing scheduled at the Montauk Firehouse on its penultimate day, Sept. 28.

Comments may also be submitted by email to the project biologist, at [email protected], or the project manager, at [email protected], or by mail to the U.S. Army Corps of Engineers, New York District, Planning Division-Environmental Branch (Attn. Robert Smith), 26 Federal Plaza, New York 10278.

The proposal for the downtown Montauk shoreline falls short of the substantial beach restoration that local officials and others had thought would be included. During discussion of the Corps’ recently completed installation of a 3,100-foot-long sandbag wall along the downtown beach, that project was described as a temporary solution to protect shorefront buildings until full beach restoration, under the so-called FIMP plan, could be completed. Then, the sandbags, which are covered with three feet of sand, would be removed, or so it was believed.

But that plan, as recently revealed, calls only for adding 120,000 cubic yards of sand in front of the wall approximately every four years to offset erosion.

Other projects that would be undertaken include dredging of the Fire Island, Moriches, and Shinnecock Inlets, and the elevation of 4,400 houses and businesses in flood-prone areas.

In a recent press release, Representative Lee Zeldin urged members of the public to weigh in on the plan at the hearings, and called on the Army Corps to extend the comment period by two weeks so that South Fork residents who attend hearings on the last days of the scheduled period would have an opportunity to voice their opinions afterward. He added that he would “strongly ask” that the Army Corps consider “the priorities of the elected officials and residents of Long Island’s South Shore.”

East Hampton Town officials have been lobbying the Corps to revise and expand its downtown Montauk work plan.

Also in the release, Paul Monte, president of the Montauk Chamber of Commerce, weighed in. “While the [Army Corps of Engineers] has taken interim steps to protect our downtown beach, they must include a much larger beach fill project in the FIMP plan to ensure the long-term preservation and protection of our beach and our downtown. The small maintenance project proposed for Montauk in the current FIMP draft is a mere drop in the bucket and falls far short of what’s needed to effectively rebuild our beach for the long term,” he said.

A final report and environmental impact study on the entire FIMP project is to be prepared in October and submitted to the chief of the Army Corps for approval at the end of December. Construction is scheduled to begin in 2018.

Efforts are under way to convince the Southampton Town Board to use the community preservation fund to end the possibility of development on the 13.3-acre parcel off Montauk Highway known as the Bridgehampton Gateway despite the fact the principal owner has made it clear she does not want to sell it.

Pamela Harwood told the Bridgehampton Citizens Advisory Committee at a meeting Monday night that there might be an opportunity for Southampton Town to preserve the land. She has explored the idea with the Group for the East End and Bridgehampton Action, which had fought the most recent development proposal for the property. The owners, Ms. Harwood admitted, would have to be willing sellers. “This may all be pie in the sky,” she said.

Carol Konner, the principal owner of what are actually nine adjoining lots, was not at the meeting, but had an answer when she got word of the initiative on Tuesday. By email, Mrs. Konner simply said she had no intention of selling Bridgehampton Gateway to the town. At past meetings she has called the property her family’s legacy.

The Southampton Town Board had initiated  a mixed-use planned development district for the property, which had been recommended in the 1999 Comprehensive Plan Update and the 2004 Bridgehampton hamlet center plan. Mrs. Konner agreed with mixed development, but her plans met with contentious debate. Mrs. Konner had shaved off some of the commercial square footage proposed, offered to hook up neighboring houses to a sewage treatment plant she planned to build, and agreed to have affordable housing at the site, but still met with resistance. “I simply am done with extending any- more of anything,” she said in the email. The town board backed away from the idea in May after Mrs. Konner withdrew her support.

The Bridgehampton C.A.C. had voted against the proposal in the spring, citing traffic and environmental concerns. Others from the greater Southampton area voiced support for the project, however, particularly its affordable housing component.

This is not the first time C.P.F. acquisition of the property has been considered, nor is it the first time Mrs. Konner said she was not interested in selling. The acreage is vacant except for a small site where a Carvel shop operates, and it is for the most part zoned for highway business, with 2.7 acres along the southern boundary zoned for residential use. Mrs. Konner referred further questions to her attorney, Anthony Tohill,  who did not immediately return a call on Tuesday. Eric Friedlander, who is a minority owner of Gateway, could not be reached for comment.

A plan for mixed-use development had been shelved several times, but it was revived three years ago after Mrs. Konner began moving forward with plans to build an Equinox gym there. While a gym is an allowable use under the existing highway business zoning, the building would be limited to 15,000 square feet. However, Konner Freelander L.L.C. informally proposed two buildings, of 13,000 and 14,000 square feet, on 10 acres on the eastern side of the land, both for Equinox. One building was to be a gym, the other a spa.

Ms. Harwood told the Bridgehampton Citizens on Monday night that it is now up to the town attorney to determine whether C.P.F. acquisition is “going around the spirit of the law.” Officials, however, indicated such a determination would be made either by the zoning board of appeals or the planning board, depending on the application for development. None had been submitted as of Tuesday.

Bob DeLuca, president of the Group for the East End, said by phone on Tuesday that the organization supports trying to preserve all or part of the property. A number of Bridgehampton residents had reached out to him after the planned development district was abandoned. “It’s best preserved,” he said, given all the complications associated with development, including the long-term health of Kellis Pond, an impaired water body the land abuts.

In 1985, Mr. DeLuca fought one of the first proposals for the site — a car wash. “Thirty years ago that project area was a problem because of the congestion created by the shopping center across the street, and it hasn’t abated,” he said. “We think the site is going to be problematic under virtually any development scenario.”

It is in the town’s interest to consider a C.P.F. purchase, Mr. DeLuca said, which would start with an appraisal. “All they can say is no,” Mr. DeLuca said, referring to the owners.

What began as isolated patches of Cochlodinium, or rust tide, in Sag Harbor and Three Mile Harbor in East Hampton earlier this month has spread across the Peconic Estuary.

Christopher Gobler of Stony Brook University’s School of Marine and Atmospheric Sciences reported Cochlodinium at densities exceeding 3,000 cells per milliliter on Tuesday. While rust tide is not a threat to human health, densities above 500 cells per milliliter can be lethal to marine life. Prior rust tides have resulted in kills of finfish and shellfish on eastern Long Island.

“We have identified climate change and, specifically, warm summer temperatures as a trigger for these large, widespread rust tides,” Dr. Gobler said in a statement. “In the 20th century, summer water temperatures were significantly cooler than they are today. When we have extended summer heat as we have seen this summer, a heavy rust tide often follows.”

By September of 2013, a rust tide had reached East Hampton waters after migrating from the western reaches of the Peconic Estuary. It was found in Three Mile and Accabonac Harbors the following year, but was gone by September. Dr. Gobler described both years’ rust tide incidents as muted, citing lower water temperatures.

A 2012 paper from Dr. Gobler’s lab identified excessive nitrogen as an equally important factor in the intensity and toxicity of rust tides. The study also referred to the rust tide organism’s flexibility with regard to nitrogen, being able to feed off high levels in near-shore regions but also able to persist at lower levels in more open water sites.

“The links between these toxic blooms and excessive nitrogen loading are now well established and are playing out again this year,” Dr. Gobler said. “Near-shore regions on the East End experience intense nitrogen loadings from wastewater and farms and get these events first, after which they are transported to open water regions. It is likely that the recent, intense rainfall will intensify the rust tide in the coming week.”

The last major rust tide, in 2012, coincided with a die-off of scallops in some regions. The effects of this year’s event will depend on its duration, coverage, and intensity, Dr. Gobler said. “We anticipate the rust tide will intensify in the Peconics and spread to Shinnecock Bay in the coming weeks.” Blooms typically persist into the fall or until water temperatures drop below 60 degrees, he said.

Concerned about the national rise of hate-motivated rhetoric, East Hampton Town’s anti-bias task force, in a statement sent to the media, has reminded residents of its mission and invited visitors or prospective members to attend its monthly meetings, held the second Wednesday of the month at 4 p.m. at Town Hall.

“Promoting understanding of social problems creates a cohesive community where positive relationships result in breaking down barriers based on prejudice,” Councilwoman Sylvia Overby, a liaison to the group, wrote in a letter accompanying the statement.

The task force, made up of concerned citizens appointed annually by the town board, was founded in 1993. It “seeks to address instances and issues of discrimination, prejudice, and intolerance through education and raising community awareness,” according to the release. It sponsors consciousness-raising events, works with local schools, law enforcement, and elected officials, and promotes legislative and other efforts designed to discourage prejudice, promote equal opportunities, and foster an appreciation of diversity.

It also provides a forum to address and resolve alleged bias-related incidents. “Intolerance against persons because of their ethnicity, religion, age, disabilities, gender, sexual orientation, economic disparity, or familial status tears at the fabric of society and community,” the task force stated.

Those with questions or comments have been urged to email [email protected], call 631-998-1010, extension 2133, or attend one of the task force meetings.

Town officials on Friday got a court injunction  against an East Hampton property owner who has apparently been operating an illegal nightclub in the basement of a house at 7 Muir Boulevard.

Luis H. Farez, the property owner, was issued an appearance ticket by the authorities last weekend and was expected to be charged with code violations including business use of a residence, overcrowding, and lack of a mass gathering permit, which is required for parties of more than 50 people.

After neighbors complained, police discovered more than 200 people at a party in the basement of the house. Officials claimed the attendees were charged a $30 entry fee, and that drinks were being sold at a basement bar.

A video advertisement for the party, an "Ecuadorian Independence Festival" at the 'El Tunel" (The Tunnel) club, with the 7 Muir Boulevard address posted, appears on the Facebook page for the Watermill Deli, which says the business is a sponsor of the event. The lively ad promises performances by an Ecuadorian band, Acustica, and Maria de los Angeles, a singer, and dancing at the event by LI-DJs Entertainment, and gives two numbers for reservations.

Late Friday State Supreme Court Justice Joseph C. Pastoressa issued a temporary restraining order to stop Mr. Farez from operating the club, prohibiting him, the Watermill Deli, and LI-DJs Entertainment from using the house for commercial purposes and overcrowding the residence.  The court order is a result of a town investigation into numerous events on the property, including those of last weekend.

Mr. Farez is due to appear in East Hampton Town Justice Court on September 12.

The property had previously come to the attention of town authorities, and citations were issued for illegal multi-family occupancy and bedrooms in the basement, along with safety violations such as lack of required smoke detectors. Those charges were resolved in court, and a certificate of occupancy was subsequently issued for construction of a recreation room in the basement. 

Southampton Town

Down to Two in Police Chief Search

The search for a new Southampton Town police chief is down to two candidates, Frank Zappone, the town’s deputy supervisor, said on Tuesday. He would not release their names. The town board interviewed candidates after recommendations from a steering committee, and the human resources division is checking references and conducting background searches for the two candidates the board is interested in. East Hampton Village Police Chief Gerard Larsen was among the nearly 20 applicants. Mr. Zappone said that a decision would be made public by mid to late September. The current chief, Robert Pearce, will stay on through Sept. 30, though that could be extended if necessary.

Accused Highway Employee Quits

Roosevelt Sykes, a Southampton Town Highway Department employee who was arrested following an investigation into stolen material and the use of a payloader after business hours, resigned on July 21. No further information was available. A hearing officer for a disciplinary proceeding was appointed in April, following his arrest.

Donald Trump’s visit to East Hampton last weekend left a few unhappy people in its wake, angry that they could not get to a village beach near the house where he was speaking.

A fund-raiser for the Republican presidential nominee was held on Saturday evening at the home of Woody Johnson, the owner of the New York Jets, on Highway Behind the Pond. From about 5 to 7 p.m., drivers heading for Wiborg’s Beach were turned away, though residents of the road and their guests were allowed through.

Village Police Chief Gerard Larsen, who was out of town, said the Secret Service had requested the road closure to ensure that the candidate’s 10-car motorcade was not blocked. “There were some people who were angered the road was closed,” Chief Larsen said. Village Hall received no complaints, according to the village administrator, Rebecca Molinaro.

While he recognized it was inconvenient to the evening beachgoers, “at the request of the Secret Service for safety issues, we decided it was best,” the chief said. He pointed out also that the department anticipated the parking lot at Wiborg’s would be full with the overflow from the event. Parking is not allowed by the side of the road.

There were no problems or protesters at the event, which had received comparatively little publicity. Eleven village police officers and 15 state troopers were brought on to assist the Secret Service in watching the perimeter of the house, the chief said.

About 60 people attended the Trump fund-raiser.

Nearby at the Maidstone Club, earlier that day, former President George W. Bush played a round of golf. One officer was assigned to assist his Secret Service detail, Chief Larsen said.

Fund-raisers for Hillary Clinton, the Democratic presidential nominee, will be held next weekend.

Southampton Town officials are taking action to clean up a blighted south-of-the-highway property in Bridgehampton that neighbors claim has been abandoned for eight years and left to attract mosquitos, rats, raccoons, and squatters.

The town board authorized the building, fire prevention, and code enforcement departments to fix unsafe and dangerous conditions at 65 Audubon Avenue, formerly known as Hildreth Avenue, at its meeting on Aug. 9.

Officials can take “whatever steps are necessary” to fix so-called “health and safety issues” on the property, which is reportedly in foreclosure. They include an open, collapsing vinyl swimming pool with stagnant water, a missing pool-fence gate, and a hole in the side of the house where a tree fell in, according to Richard Harris of the town attorney’s office. At least one dog is reported to have fallen into the pool; it was found and rescued after a child was thought to have fallen in.

Overgrown vegetation, allegedly five feet high and covering part of the house, has made it impossible for fire marshals to even get to the pool to fence it off. With the town board’s blessing, officials can now cut back the growth, secure the pool fence, and drain and/or treat the pool to prevent mosquito larvae from hatching.

The possibility that mosquitoes have been breeding in the stagnant water has been a major concern for neighbors. During a hearing on July 26, Jane Comfort, whose property abuts 65 Audubon Avenue, called the pool a “giant petri dish of larvae and mosquitos.” One neighbor she knows calls vector control every summer because swarms go through the neighborhood, she said.

The house will not be demolished, as town officials believe it can be salvaged. Although the tree that fell through the house in a storm last year has been removed, “a very large, gaping hole” remains, John Rankin, a fire marshal, told the board. The hole will now be covered with a tarp.

Sandy Taylor, who lives across the street, said there had been squatters in the house. “It’s not only the pool that’s unsafe, the house is unsafe, and it makes the neighborhood unsafe,” she told the board.

Ms. Comfort said televisions have been ripped off the walls and the refrigerator and dishwasher have “walked out the door.”

Any expenses incurred by the town will be added to the property owner’s tax bill. Taxes have not been paid, Mr. Harris told the board. Finding the owner of record, Vekrum Kaushik of Manhattan, who used to own the Star Room in Wainscott, also now abandoned, has proven difficult, he said. Mr. Harris said the town attorney’s office has been unable to serve him with a notice of violation from the fire marshal’s office or send him certified mailings about the July 26 public hearing or one held on Aug. 9. A process server was also unable to find him. The mortgage lender on record has denied any responsibility for the property.

Councilman Stan Glinka, who is a banker, offered to help the town attorney’s office trace the mortgage and find the responsible parties. Reached on Tuesday, Mr. Glinka said he was “still digging,” and confirmed that foreclosure is pending. The July hearing was tabled for one last-ditch effort to notify Mr. Kaushik, who did not appear at last week’s hearing either.

Emergency repairs on the house will be completed in a few weeks, Mr. Harris said Tuesday.

Solar energy systems could get a boost from Southampton Town. In an effort to find ways to reduce the town’s energy load, an initiative set forth in the town’s comprehensive and sustainability plans, the board is considering changes that would relax property clearing restrictions to allow more area for solar energy systems as an accessory use.

Ground-mounted solar energy systems with at least 5,000-kilowatt output that take up no more than 4,500 square feet would be exempt from the total clearing currently allowed. “Although we’re giving people more clearing, it’s not a lot,” said Mike Benincasa, the chief building inspector, who helped write the amendments, at a town board hearing on Aug. 9.

Under current rules, on a six-acre property, for example, the owner could clear up to 15 percent of it, or 36,000 square feet. Under the proposed rules, if the owner wanted to install solar panels on the ground, he or she would be allowed an additional 2 percent over that, bringing the total allowable clearing on that lot to 40,500 square feet, or approximately one acre. 

Mr. Benincasa said there is a need to incentivize additional solar systems throughout the town to eliminate the need for additional power lines and power generating plants.

The dilemma is often, “Does it pay to cut down trees to get sun on your collectors?” he said. It comes down to what he called “tree math.” Nearly 50 trees would have to be cut down to lose the environmental benefit of the solar panels, he said. “You’d have to be in a dense, dense forest in order to have that.”

Kyle Collins, the town planning and development administrator, said the proposal is subject to State Environmental Quality Review, which will balance the benefits of alternative energy and the protections clearing restrictions offer. That analysis will be done prior to the board’s vote on the amendments, he said. “Trading one environmental initiative for another” was a concern of the town’s planning board, which reviewed the amendment, Supervisor Jay Schneiderman said at the meeting.

In addition, the amendment specifies that only 20 percent of additional clearing could be covered with impervious surfaces. Ground-mounted solar energy systems could be no higher than 10 feet and would have to adhere to setback requirements. If the system is removed, the area has to be revegetated.

The proposed changes also involve definitions not previously in the code, including what ground-mounted solar energy systems are. 

The proposal, which came from the recommendations of the town’s sustainability committee, is the first of a two-part rollout concerning solar, according to Mr. Collins. A future proposal would look at creating regulations for solar as a principal use and at creating neighborhood solar systems.

Southampton Town recently launched a program to assist homeowners in finding ways to lower energy costs. Free home energy audits, rebates, and low-interest financing are among the programs being offered.

The hearing was held open, as the town has to wait for comments from the Suffolk County Planning Commission. The matter was adjourned until the next town board meeting on Tuesday at 6 p.m.