Preservation Limits Pushed
It may be a reach for critics of the current East Hampton Town Board to liken what is known so far about the Suffolk County district attorney’s probe into the town’s use of the community preservation fund for a $10 million acquisition in Amagansett to the debacle that brought down the Bill McGintee administration, but it is a big deal nonetheless. The matter points to the slippery nature to which the preservation fund’s wealth has been applied in some instances and the desperate need for legislative clarification.
East Hampton Town bought the 19-acre site last year, intending to see it used for farming. This was after a Connecticut developer proposed a luxury complex for residents 55 and older but ran up against the town zoning code, which did not permit that much density, and strong community opposition. District Attorney Thomas J. Spota has not spoken about it, but speculation is that a barn that was left standing on the property after the town took ownership aroused his interest. According to the law, the preservation fund can only be used for parks, recreation areas, farmland, scenic areas, wildlife habitat, groundwater protection, forests, public access to waterways, and historic preservation.
None of the foregoing would appear to allow C.P.F. money to have been used for the portion of the purchase price the barn represented. East Hampton Town Supervisor Larry Cantwell has said the town might reimburse the fund for that sum or the building could be removed.
By way of comparison, East Hampton Village has wound up owning a newly built house on the Gardiner home lot on James Lane, which was recently acquired with the preservation fund, and has sought bids to tear it down or move it away. A lovely-to-look-at and historic Gardiner family saltbox on the property will remain.
Nor has the town’s approach to the C.P.F. purchase of other sites, including the former Boys Harbor property in Northwest, which contained buildings, and the house and studios of the late James Brooks and Charlotte Park in Springs, been entirely rigorous. Though the town board designated the married artists’ structures historic landmarks last year, that appeared an afterthought.
State Assemblyman Fred W. Thiele Jr. has repeatedly said that the preservation fund should not be used to buy properties with buildings on them. That may be too drastic, but further clarification from Albany is needed on how to handle such opportunities when they arise. Adding language to permit the purchase of buildings used in agriculture would be consistent with the goals of the C.P.F. But right now, it is out of bounds.