Town Admits It Made Mistake

Several applicants cancelled their public hearings before the East Hampton Town Zoning Board of Appeals on Tuesday, resulting in an abbreviated meeting that proved time well spent for one applicant.

Dana Termini owns a 1,203-square-foot residence at 116 West Lake Drive in Montauk with a finished basement of 746 square feet that lacks access from the interior of the house, a violation of town code. The error, the board was told, was an oversight, and would cost $35,000 to correct.

Although the plans submitted to the Building Department reflected what was built, and the town had inspected the house several times, the error was never noticed until the final inspection before a certificate of occupancy was granted. Only then was it caught.

Tyler Borsack, a town planner, pointed out that the board had granted a similar application in 2012, submitted by Glen Pushelberg and George Yabu of 90 Shore Road in Amagansett. Their house was built with all needed approvals, but the final inspection found a code violation, in that the second floor had an exterior staircase only.

When the hearing was over, the board’s business was as well, until members decided to look at the issue they had just discussed. Their attorney, Elizabeth Baldwin, assured them that quick action was allowable if they so decided.

“It was done in good faith,” Theresa Berger told her fellow board members as they began to deliberate. All agreed with the goal of the town code, which is to prevent illegal apartments from being created. However, they determined that in this case, it was the town that had erred.

With the caveat that no kitchen ever be added, the board voted 5-0 to approve the application. Mr. Termini can keep his basement as is.