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The Sag Harbor Village Board on Tuesday return the authority to grant special exception permits for major projects in the waterfront district to the Planning Board. PETER BOODY
The Sag Harbor Village Board, seeking to eliminate what Mayor Tom Gardella called “unintended consequences,” this week voted 5-0 to return the authority to grant special exception permits for major projects in the waterfront district to the Planning Board.
“We, as a board, were not able to talk about any projects that we were going to be voting on,” Gardella explained at the September 12 monthly meeting of the board, when the vote took place. Applicants could allege a board member expressing a negative opinion was showing bias and that could lead to a demand for recusal.
Gardella said he had proposed the switch back to the former review process because “we have very capable people on all our boards” who follow the village code and set procedures “to maintain the village character the way it is.”
The Village Board, under former Mayor James Larocca, changed the law in early 2022 to take review authority away from the appointed planners, who have had authority over what the code defines as “special exception” uses in every other zoning district for decades. At the time, Bay Street Theater and developer Adam Potter were considering projects that raised concerns about intense development near the waterfront.
At a public hearing before the vote, only one speaker opposed the reversal. Silas Marder asked the board to reconsider the proposal because it involved “the biggest things that affect the village,” and approving big projects on the waterfront should be up to “elected officials, not volunteer boards.”
Trustee Aidan Corish commented that it had been “like a gag order” for the Village Board to handle those reviews; with the switch back to the former process, he added, “We can speak freely.”
He went on later to say the change had “kind of made a mockery of our position as elected officials,” being unable to weigh in on applications. “I feel very confident” in having the Planning Board take over the reins again. “They have more experience at this than we do.”
Grease Trap Requirements
Also at Tuesday’s meeting, the Village Board voted 5-0 to adopt new rules setting standards for installing and maintaining grease traps at bars and restaurants. The new rules address an “ongoing issue of certain grease traps not being taken care of,” said Trustee Corish. He said the code gives the village “a tool to address” the problem.
The code sets a time limit for property owners to clear up flow problems caused by grease build-up in their own and in the connected municipal septic systems. If the owner does not, the village’s DPW will do the work with the costs to be borne by the owner, explained sanitary consulting engineer Mark Wagner.
There was no public comment during the continued hearing on the proposal and no opposition presented by restaurant or bar owners.
Other Business
In other business, the board set a public hearing for October 10 to clarify and eliminate conflicts in the rules for adding accessory apartments to an existing structure. Gardella said in a phone interview later the code tweak was intended to encourage more affordable housing in the village.
The board delayed setting a hearing on a proposal to create a rental registry permit requirement, which Gardella said at the meeting was intended “to make people aware of the basic safety issues” such as the requirements for smoke and carbon monoxide detectors and providing proper egress.
Because of numerous comments at the session and new written comments that had been submitted, the board agreed to keep the matter open for further review.
The board also heard a report on good progress being made on the installation of rain gardens around the village, including at a Round Pond road end; pleas from Suffolk Street and other nearby homeowners to do something about speeding traffic; and from LeeAnn Bulgin, the owner of Sartori, who said her landlord was forcing her out in order to rent the Main Street space to the highest bidder. She said she had bought the business in 2018 after having worked there for years.
