A judge presented a novel challenge to the East Hampton Town Zoning Board of Appeals: Want to deny permits on the basis of environmental harm? Show your work.
Justice James Quinn sided with two applicants in individual cases against the board, the East Hampton Star reported. Although the town is appealing, the decisions may open the floodgates for further applications and litigation, not to mention change the way the zoning board operates.
In the first ruling, in March, the judge sided with the homeowner at 330 Gerard Drive who was denied a natural resources special permit.
Dante Brittis’ family wanted to add 500 square feet to the second floor of their home, which it has owned for half a century. But the board chair said the modest renovation would change the character of the community.
The owners trimmed the planned addition by 20 percent and offered to replace their septic tank with an eco-friendly system but still were unanimously rejected in September.
Two months after the first ruling, the judge sided with the homeowners at 275 Three Mile Harbor Road, who were denied a natural resources special permit to build a dock.
No dock has been constructed in town in 35 years, but the judge said that was not a good reason to disallow a new one. The board’s denial, he ruled, needed to be backed by proper legislation.
In both decisions, the judge said the zoning board acted arbitrarily and didn’t have evidence that the projects would harm the environment. The town’s view is that applicants should have to show their projects would not harm the environment.
Roughly 75 percent of permit applications include a component requiring a natural resources special permit, as the work is within 150 of wetlands.
If the town’s appeals of the judge’s rulings fall short, it could have a significant impact on the way permits are processed in East Hampton, as the burden of proving environmental harm would shift to the town. Its planning department is already short-staffed and likely would struggle to do that, especially if requests increased from homeowners wanting to renovate.
— Holden Walter-Warner
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