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March 27, 2013
www.indyeastend.com
THE INDEPENDENT ! Traveler Watchman
A Bitter PILP Discussion By Kitty Merrill
Sparks flew. Tempers flared. Voices raised in anger. It must have been an East Hampton Town Board meeting. Last Thursday night a discussion of the town’s Payment In Lieu of Parking program went south, with board members -- along party lines – in disagreement over the notion of waiving fees. A desire on the part of partners who own the Montauk Brewing Company – three local young men – to actually make, rather than simply sell, libations, triggered review before town planners. The planning board was amenable to the idea, but approval stalled on a parking predicament. The required spaces can’t be provided on the company’s South Erie Avenue site. When that occurs, town officials will often accept Payments In Lieu of Parking. But that’s a hefty fee for young entrepreneurs, who have asked that it be waived or amortized over several years. A licensing agreement, wherein the partners are granted an easement allowing them to use parking at nearby Zebrowski Field at
no additional cost, was one option proposed during planning board discussion earlier this year. Board members were concerned about the precedent such an agreement might set, and turned the matter over to the town board. Last Thursday night, Councilman Peter Van Scoyoc offered a resolution that would allow the partners – all East Hampton High School alumni -- to pay off the PILP over time. Supervisor Bill Wilkinson and Councilwoman Theresa Quigley both vehemently opposed the idea. “Why can’t we just use the parking lot and waive the fee?” the supervisor asked. “Why can’t we just accommodate them?” Quigley reported the town has been collecting PILP fees for decades and “Never spent any of the money.” “I don’t understand the purpose of the fee,” she continued, becoming agitated. “We’ve done nothing with these fees other than punish people.” The code includes a number of restrictions related to how the money is used, she explained. The town has a system in place for such situations, Van Scoyoc began. “It worked really well,” Quigley interjected sarcastically.
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Van Scoyoc offered that it would be “completely unfair” to waive the fee for the Brewing Company when others have had to pay it. The town allows structured fees for “all kinds of things” when people can’t afford them, Quigley countered, stating, “As far as I’m concerned, the world is made up of making concessions for people who don’t have money.” Veering off topic, she spoke about her defunct accessory apartment legislation, which drew opposition from people who are “bitter” because they weren’t able to build the apartments and don’t want to see others given the chance to. Returning to the idea of waiving the fee she declared, “You can say it’s not fair, but in truth we haven’t been fair for 30 years . . . Let’s start being fair.” When Van Scoyoc pointed out that the town code could be amended to provide for waiving the fees, Quigley refused. Brandishing a piece of paper, she declared, “I’m not going to do like you do . . . micromanage the process.” Wilkinson argued the brewery situation was unique. Three times he asked town attorney John Jilnicki whether the fee could be waived. The attorney said there is no provision in the town code for such an action, and doing so could be subject to legal challenge. Quigley
IN THE NEWS
Independent / Kitty Merrill
A request to waive Payments In Lieu of Parking fees at the Montauk Brewing Company prompted the latest tiff on the town board.
asked whether the town code allows the town board to waive building permits or site plan fees, which it does waive. Jilnicki didn’t think so. The verbal fireworks died down as members agreed to table the matter for further discussion at a work session. Councilwoman Sylvia Overby cautioned, however, that if the board decided to pursue a licensing agreement or easement, it would mean future owners of the site would have to undergo the planning process, and confront the PILP all over again. “There are ramifications,” she pointed out. If Warren Buffet comes in and wants to open a jewelry store, Wilkinson enjoined, “I’ll charge him the whole fee.” kmerrill@indyeastend.com
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