Lawsuit takes aim at parking lots proposed, approved by, DEC
Sections of an environmental assessment form that would have laid out potential concerns “reveal serious defects, omissions and inaccuracies,” the homeowners claim.
Their complaint, filed in mid-October, states: “These improper designations allowed the DEC to avoid having to address any of the very real environmental impacts the project would have on this important natural resource.”
Chris Arfsten, the DEC marine biologist who signed the environmental assessment form, said Tuesday he couldn’t remember why part of the form would have been left blank.
“That was a year ago,” he said.
Mr. Arfsten referred further comment to DEC public affairs. A DEC spokeswoman said the agency could not comment on the issue due to ongoing litigation, and a request for comment from the state attorney general’s office — which is defending the DEC — was not returned.
In court papers, a state attorney representing the DEC defended the agency by noting that officials are doing their job to promote the state’s natural resources. And claims referencing a lack of information in the DEC’s permit are called “time-barred under the governing statute of limitations, and must be dismissed.”
Adding another layer to the litigation, the homeowners state that building the parking spaces violates their property rights as homeowners on the private Beach Way. Deeds to the DEC’s .2-acre parcel state that — just like any other homeowner on the street — access to the site is granted through Beach Way. However, the beach association members argue that access does not extend to the state’s larger parcel as a result.
New York State Supreme Court Judge Joseph Pastoressa is currently reviewing the case, technically an article 78 motion to annul the permit.
According to Mr. Schilling, the Baiting Hollow Beach Association has an agreement with the DEC stating that if the judge rules in favor of the DEC, the agency cannot build anything for 30 days, giving homeowners enough time to file for a stay on the application as the group considers other legal remedies.
