Town Board debates draft regulations on ‘dark skies’

The Town Board at its work session Tuesday returned to its discussion of ‘dark skies’ legislation, the most contentious issue it’s wrestled with over the past several weeks and the one that’s drawn the most residents to Town Hall.

The session on regulating both commercial and residential lighting fixtures wasn’t as fiery as in the past, but it had its moments.

There also seemed to be an early indication of how a final vote might go on the proposed regulations, drafted by Town Attorney Laury Dowd at the request of the Zoning Board of Appeals.

Shelter Island is the only East End Town without dark skies legislation.

Councilwoman Christine Lewis has been the most vocal advocate for regulations, while Councilman Paul Shepherd has been equally demonstrative against them. Councilman Ed Brown, though less colorfully adamant against a dark skies law as his colleague Mr. Shepherd, has steadfastly been opposed to regulating what a person or a business can use for lighting. Supervisor Jim Dougherty and Councilman Peter Reich have not publicly tipped their hands on the issue strongly one way or another.

At one point Tuesday Mr. Shepherd, speaking about how the board was leaning on the issue said he was “outgunned three to two. So basically I’m being carried along in a boat I didn’t want to be in.”

Councilman Brown reminded him that the law was still in a discussion phase and not to be “nervous.”

The board looked at the three-page draft law section by section. At the start of the meeting, Mr. Shepherd showed a map of Long Island and the East End at night on a screen, indicating that the Island already had dark skies compared to other communities. “There are places where you can evidently see there are some lighting issues,” he said. “You can see we’re not there yet. I can see how some people would be concerned that we might somehow get there.”

He then said the photo was taken in 2003, which drew derisive responses from some members of the public. Resident Gordon Van Vranken pointed out the map was 10 years out of date. Mr. Shepherd said he considered it only “aged five years” since five of the ten years were during the recession when there was less economic activity.

Mr. Shepherd attacked what he considered vague language in the draft and the board agreed with him that a sentence stating one purpose of the law was that the elimination of excessive lighting would save money.

Excessive lighting was a nuisance problem between neighbors and should be treated as such, Mr. Shepherd said, noting the town already had a nuisance ordinance, used mostly against excessive noise.

He said he wasn’t dismissing the problem, relating that he lived next door to a one-acre property that had 21 floodlights. He called for addressing problems as early as possible in the process. “The question remains, was our primary concern in eliminating nuisances … or are we trying to make some kind of statement,” he said.

Ms. Lewis said the town should be concerned with both. It was necessary to assist  people who are having difficulties with neighbor’s lighting and but also it was the Island’s tradition to protect the environment and preserve its life style as much as possible. She added that she looked at the proposed law as a “vaccination, taking care of a problem before it becomes a big problem.

“I view it as some kind of social-based statement thing,” Mr. Shepherd responded.

Enforcement of violators under the proposed regulations was aired out, with Mr. Shepherd asking what mechanism would be used to determine light trespass.  He quoted what he deemed subjective phrases such as a provision in the  commercial lighting section that stated “security lighting shall be reduced to the minimum necessary” during the period between midnight and dawn.

“Who makes that decision?” Mr. Shepherd asked.

Ms. Dowd said that laws are based on “generally accepted community standards.”

Mr. Shepherd  asked, “Where are those posted?”

Police James Read, prefacing his remarks by saying he wasn’t “taking sides,” said most laws are based on “the reasonable standard” and the “reasonable person.”

Excessive lighting on banks was discussed, with Ms. Lewis noting that the board had tried to work with Chase on excessive lighting but state banking laws about security at outside ATM’s trumped any regulation. Mr. Shepherd noted hat he’d hate to see “Mr. and Mrs. Smith getting nailed because of their porch light … and the more egregious violators of our space be given ‘too big to fail’ status.”

New construction of houses would have dark skies compliance by regulation if the law is passed, and Mr. Shepherd suggested if a house was sold the new owner might  also have to comply.

Supervisor Jim Dougherty wondered how the real estate community would respond and Mr. Brown note that closing costs were sometimes  astronomical and “then you drop an added lighting law on them.”

It was noted, as it has in the past,  that there have only been three or four complaints to the Police Department over ten years for excessive lighting. Resident Ken Pysher said that was missing the point. People are reluctant to contact the police without a law to back up their complaint. Mr. Pysher added that the real issue was that “if we do have a right for darkness for our property and in our home then we need a mechanism.” Addressing Mr. Shepherd, he said, “I know it’s probably something you hate, Paul, but I don’t know any other way.”

“I appreciate you straightening me out on that but it wasn’t really necessary,” Mr. Shepherd said.” He repeated that there was a nuisance law already on the books. Mr. Pysher responded that it was ineffective when it came to lights.

“I’m sorry, this is my work session,” Mr. Shepherd, said, visibly angry. Supervisor Jim Dougherty said something to him and patted his arm.
The board agreed unanimously to remove the section of the draft prohibiting the sale by Island merchants of non-conforming fixtures and lamps.

It was agreed that Ms. Lewis and Ms. Dowd would redraft the enforcement provisions; Mr. Shepherd would take a look at the “intensity” of lighting fixtures and that dark skies will be on next week’s work session agenda.