The Stars Were Wrong

When the East Hampton Town Planning Board met on April 22, all the stars seemed — at first, anyway — to be aligned for the approval of a proposed 40-acre subdivision of mostly open Wainscott farmland into seven buildable lots and a large agricultural reserve. The plan for the property, at 55 Wainscott Hollow Road, has had both neighbors and board members sharply divided.

Bob Schaeffer, a member of the board who has championed the plan but has missed a few meetings lately while undergoing radiation and chemotherapy treatment, was present that night. Each time Mr. Schaeffer missed a meeting, the proposal was tabled at the applicants’ request. His presence was vital to them because of the dissension on the board; four of its seven members had to approve the plan.

Mr. Schaeffer has now finished his treatments, and told board members he was feeling much better. So for the applicants, headed by Jeffrey Colle and Michael Dell, it seemed the right moment to have the board vote, as Diana Weir, who has repeatedly called the proposed map “bad planning,” was absent.

Ms. Weir objects to the placement of five buildable lots along a hedge line northwest of the property, across what is now open vista. She also opposes the long driveway off Wainscott Hollow Road that is proposed as access to all seven lots, even though two of them would be just off Sayre’s Path, on the other side of the land once owned by Ronald Lauder. Mary Jane Asato, the applicants’ representative, had explained in 2012, when the subdivision process began, that an address on Wainscott Hollow Road was worth more on the market than one on Sayre’s Path.

When the vote was taken, Ms. Asato was left visibly perturbed. Reed Jones, the chairman, Job Potter, and Kathleen Cunningham, all voted no, while Mr. Schaeffer was joined by the other two members present, Nancy Keeshan and Ian Calder-Piedmonte. That left the board deadlocked.

Ms. Asato rose. “This is a denial,” she said. “My remedy is to basically challenge it through the courts.” She then turned and walked out.

It will now be up to the town attorney’s office to defend the vote. Ms. Asato has already beaten the town and its planning board once in a lawsuit over the property. In 2011, a State Supreme Court justice ordered the board to reverse its denial of a site plan she had put forward in 2009.