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122 Comments by davbud

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'Shark Attack Sounds' In Montauk, Dubbed Fundraiser, Wasn't Really

-East Hampton Town Board Resolution 2013-735, adopted July 3, 2013; Category: Permits - Gatherings; Sponsors: Supervisor William J. Wilkinson; Department: Town Clerk
-Approve Mass Gathering with Revised Parking Plan for Fourth of July Party 7/5 & 6/2013
-WHEREAS, an application for Mass Gathering has been received from Lloyd C. Van Horn, Montauk Yacht Club, to hold a Fourth of July Party and Fundraiser for Montauk Playhouse to be known as "Shark Attack" at 32 Star Island Road in Montauk .... David Buda" Jul 26, 13 10:07 AM

Complaints Over Volleyball Games In Springs Lead To Proposed New Limit

The meeting was this past Thursday, August 15. David Buda" Aug 17, 13 12:32 PM

East Hampton Leans In Favor Of Changing Use For Industrial Road Studio In Wainscott

This is probably a highly complex commercial real estate transaction and not a simple garden-variety Lease re-negotiation Really, some effort should be made by the Town Board to explain the terms of the existing "lease" of this town-owned building that is actually part of the East Hampton airport, whereas the FAA has had a say in required "fair market rent" to be charged. It is clear as mud why the Town would consider unilaterally changing the terms of the existing lease for the exclusive benefit of its lessee so "he can sell it to a willing buyer" (sic) (or, perhaps, more properly "assign" the lease with its newly relaxed terms). and reap all the proceeds of the transaction. I understand this municipal asset (building) has a long, tortured history and someone should try to explain why the Town shouldn't simply declare the Lease to be in default because of the current unpaid rent, pursue its contractual remedies, take back possession and seek a new tenant, or sell the building itself. David Buda" Aug 20, 13 9:01 PM

Idea Floated To Shore Up Ditch Plains In Montauk

This article contains an error in paragraph three, by including "both developed and undeveloped" oceanfront and bayfront properties as possible CPF acquisitions . The new State Law, Chapter 423 of the Laws of 2013, signed by the Governor on October 22, adds to the existing categories of lands that are permitted to be acquired by the Peconic Bay CPF Towns for "preservation of community character" the "preservation of undeveloped beach-lands or shoreline including those at significant risk of coastal flooding due to projected sea level rise and future storms." Thus, only UNDEVELOPED beach-land or shoreline properties will fit the bill of particulars. David Buda" Oct 29, 13 11:12 PM

Is anyone arguing that any of the Ditch Plains beachfront land, the areas where one might want to "add sand," isn't already public land? CPF is a program for acquiring private land from a "willing seller" for the benefit of the public. What does the recent addition of a new category of allowable CPF land acquisition have to do with "saving the beaches in Montauk?" I don't get it. David Buda" Oct 31, 13 12:57 PM

"Nature" is half right and half wrong. The Peconic Bay CPF law authorizes acquisitions if they fall within one of the specified categories that are defined as being "preservation of community character." The CPF has always been allowed to spend moneys for "preservation of undeveloped beachlands or shoreline." [NOTE: the word "undeveloped" is quite unambiguous.] What is new is only the following clarifying language: "including those at significant risk of coastal flooding due to projected sea level rise and future storms." What I suppose this means is that undeveloped beachlands or shoreline properties will not be disqualified from consideration because in the future they are likely to be flooded by coastal storms and/or rising sea levels. Sounds like a rather minor expansion of the existing CPF criteria. Certainly this is not the "manna from heaven" hoped for by some politicians. David Buda " Oct 31, 13 5:10 PM

"Mr. Mako" takes note of an article in the EH Star, by Joanne Pilgrim, published Oct. 31: "Mr. Thiele said that one possible use of C.P.F. money along the shore, which is being considered by the advisory board, would be to use the permitted 'management and stewardship' provisions of the fund to pay for beach replenishment on properties that have been purchased with the fund. However, work at Ditch Plain would not qualify, since the beach is not a C.P.F. property." David Buda


" Nov 2, 13 10:56 AM

Minor Accident Sends Three To Hospital

Brandon, nice photo of the other Town of East Hampton recycling center, on Springs-Fireplace Road. Oops!" Nov 27, 13 9:10 PM

'Welcome To Wainscott' Signs Unveiled

Beautiful signs. Now the other hamlets will have to work hard to match them. One small point, however, the Welcome to (the Town of) East Hampton should naturally precede the Welcome to (the Hamlet of) Wainscott at the western border of the Town and Hamlet. The signs should be reversed in their locations. David Buda " Dec 10, 13 12:05 PM

AT&T Proposes To Build Tower At Springs Firehouse

One correction: It appears the Springs Fire Department currently utilizes only a small rooftop antennae for communications and there is no "existing tower" at the fire house. David Buda" Dec 18, 13 9:07 AM

East Hampton Store Clerk Charged With Selling Alcohol To Minor In State Police Sting

Every time there is an "operation" like this, it is accompanied by local publicity to best insure that there will be a widespread deterrent effect and encourage compliance with the law. Mr. Z, PBR, etc., should we assume you do not favor compliance with the law? David Buda" Dec 28, 13 1:07 PM

East Hampton Town Forces Demolition Of 'Eyesore' On Abraham's Path

The one month anniversary of the Town's press release has just passed, and this eyesore, public nuisance is still standing! "I'll huff and I'll puff and I'll blow your house down," Larry and Mike said. David Buda" Mar 30, 14 9:45 AM

Dolphin Drive Sign Dispute Spurs Possible Litigation, Army Corps Schedule At Issue

A review of the filed subdivision map for this entire neighborhood (and reflected in the current tax map) reveals that all the roads were laid out with an extremely wide "public right-of- way" width of 60 feet! Fairly accurate measurements on Google Earth indicate the existing paved "cart way" (i.e., the traveled portion) of Dolphin Drive is about 22 feet wide. The hyperbolic assertions made in letters to editors and at Town Board meetings that any vehicles whose tires are parked on the sand along the eastern edge of the Dolphin Drive roadway are despoiling, ruining and violating the South Flora Nature Preserve are pure fantasy. Assuming the public street cart way has been built down the middle of the public street ROW there could currently be as much as 19 feet of "sand" on each side of the paved roadway that is well within the limits of the "street” and not part of the Nature Preserve. David Buda, The Springs" Dec 13, 14 6:38 PM

New Truck Law Draft Is Stricter, May Give Phase-in Time For Heavy Truck Owners

Hey nazznazz, when did they move Portland (from either Maine or Oregon) all the way down to Texas? Actually, they didn't. The point is anyone can make an occasional one-digit typo. Did you ever stop and realize the amount of skill, talent, effort and energy that are required for a news reporter to write several lengthy articles each week, including this one written and published a mere couple of hours after the conclusion of the Town Board meeting covered by the article? My hat is off to Shaye. David Buda" Jan 21, 15 12:02 PM

Schools' Tuition Agreement With East Hampton To Expire, Springs To Consider Options

It should be noted that Regional High School Districts are common in Northern New Jersey. However, for the Town of East Hampton (excluding the portion of East Hampton Town that is within the Village of Sag Harbor and within the Sag Harbor School District) the ultimate goal should be one, unified School District with the Springs, Amagansett, East Hampton, Montauk, and Wainscott School Districts all merged together, consolidating legal and administrative leadership and responsibilities under one School Board. There would be one High School and one Middle School. There would be one Superintendent, one set of Assistant Superintendents, each school would have one Principal and as many Assistant Principals as may be appropriate, if any. Most importantly, there would be one Town-wide School Tax Base with School Tax Rates the same per each $ of Assessed Value in each hamlet that is included in the Unified School District. Throw in a Town-wide property reassessment and my wish list would be complete! David Buda" Jan 25, 15 12:06 PM

FAA May Support Temporary Restraining Order Blocking Airport Regulations

The Ass't US Attorney representing the FAA has written a letter dated May 4 to Judge Feuerstein stating "The FAA is currently reviewing Plaintiffs' claims and the Town's restrictions and, therefore, is not expressing any view on the merits of either the FAA [Action] or Town Action [i.e., the two lawsuits filed by Friends of EHA] at this time. Notwithstanding, please be advised that the FAA believes that Plaintiffs' application to enjoin the Town from enforcing the EHA restrictions should be granted ... so that the FAA can properly consider Plaintiffs' claims and the Town restrictions, [and] develop its position on the issues .... David Buda" May 6, 15 8:20 PM

The attorneys for the Town have commented on the FAA attorney's letter, thusly: "FAA filed a letter supporting the TRO. Yet FAA expressly took no position on the merits. Nor does FAA identify any emergency or other urgent reason to grant the TRO. FAA has had since late January to evaluate the issues in [the FoEHA v. FAA Case] and has had several weeks to consider the [Town's new] Local Laws and evaluate its position. There is nothing urgent about preserving the status quo to allow FAA to mull things over." [Opposition to Motion for TRO, 5/8/15, p.2, footnote 1.] David Buda" May 10, 15 12:14 AM

Judge Reverses Finding On Ownership of Truck Beach In Amagansett

Number one, this decision to reverse the granting of Summary Judgment in favor of the Town and Trustees merely reserves until the conclusion of the trial the factual and legal determination of who has the right to use and regulate the beach area between the end of the beach grass line and the mean high tide line. However, what is extraordinary about the revised decision is that the Judge gave little or no significance to the fact that nearly all of the homes along the 4,000 linear feet of beach involved in this decision were created by subdivisions approved by the East Hampton Planning Board and those subdivision approvals and recorded subdivision Maps expressly state that the house lots created by the developers of the subdivision plats acknowledged that (for sound public policy reasons) the beach area was excluded and separated from the house lots and the subdivision proper. Perhaps this decision was the result of the Town & Trustees attorneys failure to present expert testimony by Affidavit to establish the fact that this exclusion was purposeful and intended to be binding on the future lot owners. The public beach access interests will be furthered and secured by rounding up members of the then Town Planning Boards and their attorneys to give testimony at the trial. David Buda, J.D." Jun 21, 15 6:28 PM

UPDATE: Ross School Says Its Will Not Use Springs Houses As Dorms

Four is the maximum lawful occupancy of each of the four bedrooms on the top floor of these two houses under construction because those bedrooms exceed 200 sq. ft. [Think one or two bunk beds!] Therefore, the potential maximum occupancy load is greater than what is mentioned in the article. David Buda" Jun 24, 15 11:05 AM

Ross Abandons Springs Housing Plans, Town Will Press New Codes On Basement Bedrooms

Yes, you are confused. A basement or lower level recreation room is not authorized to be used as a bedroom for sleeping. One can occasionally fall asleep watching TV on the Living Room sofa, but that does not make a Living Room into a bedroom. SCDHS septic permits and Town Building Permit authorize and limit the specific number of bedrooms permitted in a residence. Current Town Zoning Code prohibits any bedrooms in cellars (a term which is synonymous with basements) and garages. David Buda " Jul 12, 15 11:16 PM

Amagansett 7-Eleven Gets New Hearing, Lease Signed

It would seem pretty clear that the proposed new "convenience store" use would have more intense parking requirements to satisfy the needs of "fast food" customers compared with the prior restaurant use, thereby triggering the need for a site plan review. Moreover, the Town should require all businesses to apply for a "Certificate of Continuing Occupancy" upon any change in a property's tenancy, so the Building Department is provided with enough information to determine whether there would be a "change in use" for either or both applicable fire safety requirements and site plan criteria. David Buda " Jul 24, 15 2:30 PM

Builders Appeal For Basement Bedrooms In East Hampton

I think he was being facetious! David Buda" Aug 26, 15 11:22 AM

East Hampton Ghost House Remains In Limbo

This is one of several instances of "zombie homes" in the Town of East Hampton where the Ordinance Enforcement and Building Departments have been simply inept and impotent. Building Construction Code Section 102-18.1 ("Unsafe Buildings") provides a remedial path to achieve a lawful demolition by service of process by posting the premises, among other methods, and then, if necessary, a resort to a court of law for an order allowing the Town to abate the unsafe and unsightly condition, all at the ultimate expense of the landowner by way of tax lien. David Buda" Aug 27, 15 8:31 AM

Builders Appeal For Basement Bedrooms In East Hampton

Three years ago a majority of the Town Board, in essence, directed the Building Department to begin allowing bedrooms to be constructed in basements/cellars, contrary to a longstanding provision of the Town Zoning Code. This decision was made as a result of a “misinterpretation” of the effect of the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) on local authority to regulate such matters as zoning, historic preservation, wetlands protection, etc.
The correct interpretation is as stated in Legal Memorandum LG07 (“The Uniform Code and Local Authority”) issued July 2007 by the NYS Department of State, Office of General Counsel:

Local Regulations Other Than Building or Fire Codes

Article18 of the Executive Law restricts the authority of local governments to adopt building or fire code provisions which differ from the standards of the Uniform Code. However, subdivision 3 of Executive Law Sec. 379 expressly states that municipalities are not prohibited from adopting or enacting building regulations pertinent to matters not addressed by the Uniform Code. Furthermore, laws ordinances or regulations enacted pursuant to other municipal powers, for example zoning, may also regulate construction and/or use of buildings. The interaction of the Uniform Code with other laws and regulations is addressed by Executive Law Sec 383. Subdivision 1 of Sec. 383 provides: "The provisions of [Article 18 of the Executive Law] and of the uniform fire prevention and building code shall supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict therewith … [with exceptions for actions taken or required prior to the effective date of the Uniform Code and for cities over one million in population]."

Whether a particular local law or regulation is superseded depends upon whether it is inconsistent or in conflict with the provisions of the Uniform Code. Article 18 of the Executive Law does not expressly define those terms, however. It seems unlikely, however, that the State Legislature intended those terms to be read in such a way as to seriously impinge upon the ability of local government to regulate buildings in connection with concerns other than those commonly contained in building and fire prevention codes. Zoning, historic preservation, wetlands protection, etc. are all matters which are recognized as legitimate areas for [local] government regulation.
David Buda
" Aug 28, 15 1:39 PM

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