Building Noise Conundrum on Egypt Lane
The team representing Nick Capstick-Dale at the East Hampton Village Zoning Board of Appeals meeting on Friday may have been expecting a decision on his plans for his Egypt Lane property, but instead, Andrew Goldstein, the board’s chairman, expressed concerns about the manner of construction to be used at the property.
Mr. Capstick-Dale is tearing down most of a nonconforming house, save for a garage area, and is also replacing three cesspools that are very close to groundwater with an improved septic system farther from the wetlands.
It was expected from the previous zoning board meeting that the necessary freshwater wetlands permit would be issued without much ado; however, noise nuisances are now the greater worry.
Although the proposed construction will bring the house into closer compliance with existing wetlands codes, Mr. Goldstein remarked on Mr. Capstick-Dale’s intention to put the house on pilings. “The noise engendered by that kind of construction is far greater than regular construction,” he said.
But Joseph Fischetti, an engineer from Southold, said the pilings were a necessity. “The house is the lowest on the block,” he said. “The clay layer extends three feet below the water table. You can’t build on clay,” he said. “We have to either de-water — which we can’t do because of the wetlands — or we can put pilings down into the good soil.” The pilings are approximately 8 to 10 inches in diameter, contain no creosote, and are treated “with what’s approved by the state,” said Mr. Fischetti.
Johanna Caleca, Mr. Capstick-Dale’s attorney, said that her client and his family had rented a house across the street from his property this summer, “so he won’t be wanting to do anything that might disturb him.”
But Joseph Aversano and Robert Caruso, neighbors, were anxious about the sounds of construction disturbing their tenant, a summer visitor who has rented their property from July through September.
Although Ms. Caleca said that “an accommodation” had been made to the neighbors should the tenants change the structure of the lease due to the noise, to Mr. Aversano and Mr. Caruso, the accommodation — only about a week’s worth of their three-month rental income — wasn’t enough.
“We’re happy to continue a good relationship with this neighbor,” said Mr. Aversano, “but we didn’t realize we were talking about a July construction.” He said that even the village itself tries to perform any necessary construction in the off-season.
“It doesn’t seem fair,” added Mr. Caruso.
“Mr. Aversano should be very happy that we are bringing the septic system up to code,” said Mr. Fischetti.
Mr. Goldstein pointed out that driving the pilings would be probably a five-day job. The neighbors balked at the rest of the construction process being done during the summer.
“There are certain things they’re going to do that we can’t protect you from,” said Mr. Goldstein. “But we could require that the demolition and the pilings be done before July 1.”
The Building Department agreed that it would be willing to expedite the necessary permits so the work could be done quickly.
It was decided that the zoning board would issue a formal determination approving the plans as soon as possible.