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Caught in Triangle Pose

Thu, 05/23/2019 - 07:12
The Surf Lodge in Montauk is in trouble with the town again, this time for yoga classes held on an outdoor deck, visible at center right. Officials have charged that the hotel and restaurant's fitness programs are an illegal expansion of use.



The East Hampton Town Ordinance Enforcement Department served the Surf Lodge in Montauk with citations on Aug. 25 for an illegal change of use and a site plan violation, both stemming from the use of the outdoor deck, which has never received site plan approval, as a pop-up yoga studio, according to Betsy Bambrick, the town’s director of code enforcement.

The citations were a follow-up on a series of warnings issued to several popular destinations around the town five days earlier for similar violations. Those other locations issued warnings for an unapproved change of use were the LongHouse Reserve on Hand’s Creek Road in East Hampton and Solé East, Ruschmeyer’s, and the Montauk Beach House in Montauk, according to Ms. Bambrick.

All but the Surf Lodge heeded the town’s warnings, Ms. Bambrick said, but the Surf Lodge did not.

The Surf Lodge went before the town planning board May 6 for preliminary site plan review. During that meeting, board members indicated that they were not inclined to approve a site plan that included the popular outdoor sand and deck area, saying that use of those areas constituted an expansion of use. “It’s like putting a couch out and not expecting people to sit on it. You’re going to get more people,” Nancy Keeshan said.

The resort has a couple of matters on the East Hampton Town Justice Court’s zoning calendar, including fire code violations and a sign violation for a mural painted on the exterior of the club by Jen Stark. The town contends the mural, which wraps around the building, is a sign, which would require approval from the architectural review board. Thomas Horn, who represents the club on the matter in court, said previously that the mural is a signed piece of art and is temporary.

Another zoning case that drew quite a bit of attention recently, that of Hampton Country Day Camp, may be headed for resolution, according to both sides.

In a separate zoning court matter, East Hampton Town named Jay Jacobs, the owner of the Hampton Country Day Camp, in citations for five violations at 209 Buckskill Road in East Hampton. Last month the town moved against a house on Ocean Boulevard that is also owned by the camp and was allegedly used to house up to 27 camp staffers at a time.

Unlike the house at 17 Ocean Boulevard, which is owned by HCDC L.L.C., the Buckskill Road house is in Mr. Jacobs’s name. According to Betsey Bambrick, the director of ordinance enforcement for the town, Mr. Jacobs, who lives in Glen Cove, ran afoul of the town’s code when he added to a deck and to the dwelling and installed a pond and shed on the site, all without proper permits.

In the case of Mr. Jacobs and of Doris Rosen and David Skolnick, who had been cited in the Ocean Boulevard case, the court agreed to substitute the L.L.C. as the defendant. Brian C. Doyle of Farrell Fritz, the attorney for the L.L.C., said the latter two were merely counselors.

According to Michael Sendlenski, the prosecuting lawyer for the town, the substitutions were done as part of the negotiating process. Mr. Sendlenski said on Tuesday that the company was moving toward total compliance with the town code, and a final settlement was possible in the near future.

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