DEC Scolds Southampton Town Trustees Over Rose Hill Modifications Without Permits

The State Department of Environmental Conservation issued a stern reprimand to the Southampton Town Trustees this week over work that was done in the spring at the Trustee-owned Rose Hill Road property—as it turns out, without the proper DEC permits.

The property, located at 475 Rose Hill Road in Water Mill, has been the topic of heated discussions between the Trustees and members of the community.

Earlier this year, the Trustees entered into an agreement with the neighboring homeowner, Randy Frankel, that allows him to use a portion of the Trustee-owned property for his circular driveway. In return, he agreed to pave a driveway and dredge a boat ramp that fills frequently with sand.

Once the deal was made, Mr. Frankel had crews move trees along a property line that was modified before the Trustees took over the property. He also had his crews pave the driveway, lay down crushed clam shells and dredge the ramp.

DEC officers conducted an inspection on the property on July 3, according to spokesman Bill Fond, and the Bureau of Marine Habitat Protection staff returned nearly a week later for a follow-up inspection. Both crews discovered that permits were not obtained by the Trustees for any of the work that Mr. Frankel had done on the Trustee-owned property.

In a letter dated August 7, the DEC specifically noted potential violations when it came to repaving a road next to a regulated wetland, installing a parking lot next to a regulated wetland, and dredging within the regulated wetland—all of which require a permit from the department.

“Conducting regulated activities without the required [DEC] permits is a violation of Article 25 of the State’s Environmental Conservation Law,” the letter read. “Such violations may be subject to a maximum penalty of $10,000 per day violation.”

Rather than enforce the matter, the DEC said in the letter that it would just issue a warning, and “consider this violation resolved.” They warned, though, that all other work requires permits in the future.

Mr. Fonda said the Trustees received the warning rather than a notice of violation because the work performed was something the DEC likely would have issued a permit for. He added that no fines were issued.

When the Trustees entered into the agreement with Mr. Frankel, it stipulated that he would dredge the ramp twice a year to allow people to launch boats, put asphalt down to the ramp from Rose Hill Road, and lay crushed clam shells in a parking area south of the ramp. Mr. Frankel also is responsible for obtaining all federal, state and local permits, especially with regards to the dredging of the ramp, according to the agreement.

Two Trustees both said it should not have been up to their board to get the permits.

“It wasn’t on my radar,” Trustee Bruce Stafford said on Tuesday. “We turned the property over to the homeowner.”

Trustee Scott Horowitz echoed Mr. Stafford: “Why would we apply for the permits if it was his responsibility to get the permits?”