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Lawyers trade charges at Town Board meeting

REPORTER FILE PHOTO | A battle over a wetlands application heated up at at the Town Board meting Friday.
REPORTER FILE PHOTO | A battle over a wetlands application heated up at at the Town Board meting Friday.

A routine town board meeting on Friday, March 27 took a turn for the dramatic during the discussion of the wetlands application for property at 4-D Peconic Avenue.

Patricia Moore of Southold, the lawyer for the owners, accused an opposing attorney of raising “red herrings” to block the request. After the attorney in question, John Fleming, who was representing the Levitsky family at the hearing, responded that he was “not a fish farmer,” Ms. Moore retorted, “Well, something smells here.”

The owners of 4-D Peconic, referred to as the Laphams, have been seeking permission to replace the existing three bedroom home with a larger one.

Objections are being raised by adjoining property owners on the basis of the fragile nature of the aquifer along this stretch of Peconic Avenue and the impact on adjacent wells. Neighbor Duke Reich took to the floor to argue against the application, saying that since Super Storm Sandy, his property has been without potable water. The owner of the property abutting Lapham’s, Dan Reich, based his objections on the “enormity of the project”, fresh water concerns and the proposed incursion into the wetlands.

Prior to the start of the hearing, Councilman Peter Reich, related to both men, read a statement into the record saying that he had no financial  interest in the properties and could be objective in his assessment of the application.  Upon consultation with the town’s ethics committee, it was determined there was no reason for him to recuse himself from the proceedings.

In his remarks, Mr. Fleming noted that it was difficult for neighbors to take a stance against another’s right to build but said this was a case of “they have a button and are trying to sew a coat on it.” His clients are also concerned about project size and resultant water usage.

After Ms. Moore called  her two “expert witnesses” to argue on behalf of the project and outlined the concessions the owners were willing to make, the board decided to keep the hearing open until April 17 in order to review the latest plans that were presented on Friday.  An earlier hearing on this application was nullified due to procedural defects.

The Planning Board had previously approved the application if certain conditions were met, and the Conservation Advisory Council had denied it.

In other business:
With dissenting votes from Councilmen Ed Brown and Paul Shepherd, the board voted 3-2 in favor of a bill being introduced into the State Senate in relation to the creation of the Peconic Bay Regional Transportation Council.

In passing the resolution, Shelter Island supported the proposed home rule request as put forward by Senator Kenneth P. LaValle and Assemblyman Fred W. Thiele. Objecting to the bill, Mr. Brown stated that “I’ve always been uncomfortable with this. My concern is that off-Island needs will affect our own community’s character. It’s their convenience at the expense of our character.”

Mr. Shepherd’s dissension was based on the fact that “if we move forward I want to be able to argue against it. It’s hard to do if I vote for it now.”

Councilwoman Chris Lewis stated that the bill simply gave Shelter Island a voice in future discussions.  “Shelter Island needs to have a seat at this table,” she said

In other business, the board awarded the contract for the new Type 3 ambulance to Specialty Vehicles of East Farmingdale for $208,641, to be paid for out of the Ambulance Fund’s Capital Reserve. The only other bid for the vehicle came from Cromwell Emergency Vehicles. With a price of $171,920, the bid was deemed to be non-compliant with the specifications.

Dredging of the Shorewood maintenance application was approved, as was the request for repairs and dredging at the Shelter Island Yacht Club and the decision to enter into a grant application for a new septic system for the Legion Hall/Recreation Center.