Residents pack Town Hall for ‘dark skies’ debate

More light than heat.

That was the atmosphere at a standing-room only public hearing at Town Hall Friday on a proposed law to regulate residential and commercial lighting.

For months Town Board work sessions had been a forum for verbal fireworks, accusations and suggestions of officials acting in bad faith when the issue was raised.

But at Friday’s hearing tempers were controlled and the rhetoric even-keeled, a change many in the audience and board members welcomed. The board will now take written comments before voting on the proposed legislation at a future date.

The packed house of close to 80 people heard 15 speakers call for passage of the so-called ‘dark skies’ legislation — drafted by Town Attorney Laury Dowd at the request of the Zoning board of Appeals — while 11 speakers gave thumbs down to new regulations. Four business owners spoke against the proposed legislation, saying a new lighting law was unnecessary and would hurt their bottom lines.

Five speakers wanted to take the matter out of the board’s hands and put the issue on the ballot for a public referendum, but there are questions of the legality for such an initiative.

UPDATE:  “The use of a referendum is strictly limited to specific situations listed in law,” Ms. Dowd told the Reporter after the meeting.   “The Town Board was elected to exercise the legislative power, and the state has limited the areas in which the legislative power can be passed to voters. Adoption of a law regarding lighting cannot be the subject of a referendum.”

The same reasons heard in work sessions to oppose or pass where aired. Some of those against the new law called it government overreach into citizens’ rights. Others said new regulations would create a solution to a nonexistent problem since skies are already dark over Shelter Island. Others said it would be unenforceable.

Those in favor of the law noted that light trespassing across property lines causes distress, and without a law citizens have no standing when lodging complaints.

Both sides argued that the quality of Island life was at stake, with those against the law making the case that the Island was a special place because residents are free to be left alone. Those in favor of the new law maintained that the quality of life here was under attack from excessive lighting.

Every speaker was given three minutes to address the board and were allowed a follow up spot at the podium after everyone had been heard.

First up was Vinnie Novak, an ardent opponent of any new regulations. Mr. Novak had engaged in heated words with members of the board a few weeks ago. The dispute rose from questions by Richard Kelly to Councilwoman Chris Lewis if she had known that a dark skies advocate, Susan Harder — who Ms. Lewis had invited to speak to the board years ago on the issue — held a patent for a certain type of light shield.

Ms. Lewis then cautioned Mr. Kelly to be “careful” and he was “treading on dangerous ground.”

Mr. Novak called that “intimidation,” and at the hearing Friday called for the board to declare the meeting “null and void” because of official intimidation of a member of the public. He also called for a referendum on dark skies.

Later in the meeting, Will Anderson, who is firmly against any new regulations, stood up for Ms. Lewis. After calling Shelter Island “the last bastion of simplicity” and “the last bastion of property owners’ rights,” Mr. Anderson said comments about Ms. Lewis are not “remotely true” and “she’s above reproach.”

Kathryn Cunningham, who is in favor of a dark skies law, seconded that, adding that “speaking of the right of individuals, no one has the right to bully elected officials.”

ZBA Chairman Douglas  Matz said the new law was not taking away peoples’ rights but “adding to the quality of life.”  Residents must be proactive against excessive lighting before it becomes a truly serious problem, Mr. Matz said.

He also sought to clear up what he said were misrepresentations by some that the new regulations would be “compelling people to shield lights.”

Later in the meeting, Bob DeLuca, president of the Group for the East End, an environmental advocacy group that has helped the other four East End towns write dark skies legislation, agreed with Mr. Matz. Even if excessive lighting is not a serious problem now, “you should get a handle on it now,” Mr. DeLuca said.

Gordon Van Vranken said there had been a 22 percent increase of habitable structures since he moved here 17 years ago. He has 17 fixtures on his “modest house,” Mr. Van Vranken said, and if all new houses had the same number, lighting fixtures would top 8,700.

He called the new proposal “a great law “and thanked the town attorney for “making it clear and simple.”
Abby Dress told the board that the law was poorly written with ambiguous language and not enough definition of words such as “glare,” and “essential and non-essential.”

Linda Holmes took issue with Police Chief James Read who, at a previous meeting, said there had only been four complaints of light trespass in 10 years. People won’t complain about lighting to  neighbors without “guidelines and a framework” in the law, Ms. Holmes said

Julie Ben-Susan  followed Ms. Holmes and agreed with her. “We’d all prefer to resolve [disputes] with neighbors,” Ms. Ben- Susan said. But having a law will “facilitate conversation,” she added.

Jimmy Rando, owner of  the Sweet Tomatoes restaurant, cited liability issues for his business if lighting was reduced and someone was injured. He also said the new law would be “an encroachment of people’s rights” and called for a referendum, saying the Town Board should not be voting on the issue.

Ms. Cunningham countered the notion that lights pointing down and not up, which is a requirement in the proposed legislation, could cause problems for customers patronizing a business at night. “Lights will illuminate the ground, not the sky,” and reduce glare, Ms. Cunningham said.

Eric Inzerillo, owner of the miniature golf and soda fountain the Whale’s Tale, said there was no light pollution here and further, his business “needs ample lighting.” He said running a business was especially difficult on Shelter Island and a new law would add to business owners’ problems and expenses.

The general manger of Sunset beach, Steven Jauffrineau, also said the matter should be decided by the public and not the board.

Supervisor Jim Dougherty thanked everyone for coming and complimented the residents for their civility.