Advocates Want to Expand Pond Protection

Landscaping companies involved in the design of what is known as a rain garden on the East Hampton Village green and the Eastern Long Island chapter of the Surfrider Foundation would like to expand the garden, they told the East Hampton Village Board at a busy work session last Thursday. Also on the agenda was a proposal to change the village code to allow onsite food preparation and takeout and possible code changes regarding mass gatherings, fees for applications to the zoning board of appeals, and commercial-vehicle parking. 

Mark Mobius of Piazza Horticultural in Southampton, Stephen Mahoney of Mahoney Farm and Nursery in East Hampton, and Colleen Henn of the Surfrider Foundation said the rain garden and associated bioswale, or drainage course, on the green are removing silt and pollution from surface water runoff, as intended. The bioswale has sloping sides; the vegetation in the rain garden filters surface waters before they drain into the soil and make their way to Hook and Town Ponds.

 “We’re very pleased with the success of the bioswale and the community acceptance,” Mr. Mahoney said. “We refer to this planting as an ocean-friendly garden because the water eventually goes to the ocean where we all swim, surf, and recreate.”

Mr. Mobius noted that the two northernmost areas of plantings are connected, following the natural flow of water on the green. Now, he said, the plan is to connect the middle section to the southernmost plantings. “The general idea is to slow the water down to allow sediment to drop out. You’re creating a wetland area that then bestows all kinds of wetland functions and values, including water quality improvements and habitat improvements,” he said.

Ms. Henn, the chapter and clean water coordinator of the Surfrider Foundation’s Eastern Long Island chapter, said initial samples of enterococcus, a fecal coliform bacteria, at the village green revealed levels so high that they exceeded the task force’s test limit. However, she said, “We have been able to pull one or two samples since the garden has gone in, which is really great because it’s showing that it is functioning as it’s supposed to. . . . The bacteria levels have gone down,” although, while encouraging, the results won’t be conclusive without more samples, she said.  

While the reduction in fecal bacteria so far may seem modest, Mr. Mahoney said, “We usually think of three years as a benchmark for getting a level of maturity. While the results might be a little marginal, we hope that as the garden matures that it will have a more filtering effect.” 

“We’re all the beneficiary,” Mayor Paul F. Rickenbach Jr. said, of the efforts, expressing approval of the extension. “I think it’s a natural evolution of events and a wonderful thing to do.”

The board later voted to approve an assessment of pathogens at Hook Pond to be conducted next year by the United States Geological Survey, at a cost of $35,250. 

Onsite food preparation and takeout was discussed in connection with a request from a representative of Rob Pollifrone, who owns Buoy One, a seafood shop on Race Lane near the Long Island Rail Road station, to allow plastic and paper containers. Mr. Pollifrone would like to convert an adjacent building to a coffee shop. 

The village effectively prohibits coffee shops or bakeries in the commercial district unless they were grandfathered at the time the prohibitions were enacted. In addition, regulations have been imposed. Scoop du Jour on Newtown Lane, which serves coffee and ice cream, must regularly wash the sidewalk in front of its building, for example. 

Last year, the chocolate company Godiva sought to lease a Main Street building, said Ken Collum, a code enforcement officer. While the sale of pre-packaged food is permitted, “you can’t sell anything for ready consumption or takeout” in paper or Styrofoam cups, he said. “That prohibited them from selling coffee. So that store, I think, is still vacant.” Second Nature on Newtown Lane had also inquired about the sale of fresh juices. “Currently,” Mr. Collum said, “they’re not permitted uses.” The sale of pre-packaged juices is allowed, however.

The board had recently discussed redefining the code to allow restaurant and other “wet” uses in its commercial district to combat an exodus of businesses from the village. Mr. Collum said that he and Billy Hajek, the village planner, had discussed special permits to allow such uses, providing litter was not the result. 

Richard Lawler, a board member, said he favored a code amendment to allow that use, but said enforcement should be stepped up to ensure sidewalks remain clean. His colleagues agreed. 

Rebecca Hansen, the village administrator, had the mass gathering rules on her mind. A permit is required now only for gatherings of 50 or more and when public parking is used or more garbage than normal is going to be produced, she said. “Over the course of the last few years, there have been a lot more applications for events on private residences and public property,” she said. The proposed legislation would mirror the Town of East Hampton’s, which was updated in 2014 and further streamlined this year, Ms. Hansen said. 

The mayor said changes of that kind were “a lot to digest,” and “a work in progress.” The board, he said, would “try to do our very best to recognize the concerns and needs of everybody,” and schedule a public hearing. 

Ms. Hansen also reminded the board that fees for zoning board applications had not changed since 2006. She pointed out that the zoning board “receives a large number of applications that have become rather time-consuming,” and can require the attention of eight or nine village employees, she said. “We’re at that point in time where we have to catch up with the fee structure,” the mayor said. An increase in these fees would be subject to public hearing. 

A public hearing also would have to be scheduled should the board move to amend the code regarding overnight parking of commercial vehicles in public lots.  Because commercial vehicles were found left for extended periods in the long-term lot off Railroad Avenue, the village had amended regulations to rule that out. Now, she said, commercial vehicles are occupying spaces near the train station on Railroad Avenue for extended periods. 

The board will consider a code amendment that would prohibit train-station parking by commercial vehicles while maintaining the right of those with commercial license plates on personal vehicles to park there. The Village of Southampton recently adopted a law with similar intent, the mayor said.