A Bluff Revisited

Mark Rowan, who has invested heavily in Montauk’s Fort Pond neighborhood in recent years, was back before the East Hampton Town Zoning Board of Appeals on Tuesday in another attempt to replace four small cottages at 80 Firestone Road, next to the Montauket and just down the road from Duryea’s, which he also owns, with three larger, far more upscale structures offering spectacular views of the bay.

According to the town’s head building inspector, Ann Glennon, he needs variances from the Z.B.A. to build close to what she determined last August was a bluff crest, a natural feature that is perpendicular to the shoreline. Mr. Rowan appealed her decision to the zoning board.

John Whelan, the board’s chairman, recused himself from the matter because of his affiliation with the architectural firm designing the project, Stelle Lomont Rouhani Architects. When it came time to vote on Mr. Rowan’s appeal, the board split 2-2. Since an affirmative vote was needed to overturn her finding, the appeal failed. Mr. Rowan has since sued the board under a New York State law facilitating challenges to a municipal agency’s decision.

Since then, Joel Halsey, representing Mr. Rowan, has found additional documents in the town’s files pertaining to the property, resulting in Tuesday’s reopening of the hearing. Mr. Halsey argued in part that the town has not always classified the geographic formation in question as a bluff, and seemed to imply at one point that Brian Frank, the town’s chief environmentalist, had dissembled in his presentation.

Mr. Frank, who again argued that the town has been consistent in its approach to the topography, took exception to Mr. Halsey’s comments. The two men had worked together in the Planning Department for 10 years. “I would much rather think that you disagree with me than that I bamboozled you,” he said.

In the end, the board agreed to allow both sides more time, and to continue the public hearing on Aug. 1.