Judge OKs East Hampton library expansion

After a year of legal battles -- and eight years after it was first proposed -- a State Supreme Court justice has given East Hampton's public library legal permission to do its expansion.

The village's zoning board of appeals ruled in July 2010 that the library needed two variances for the project, which includes expanding its children's room and adding 15 seats to a small basement meeting area. But then the ZBA refused to issue those variances, and denied an application for a special permit for the expansion.

The ZBA argued that the proposal would generate too much traffic, would take away badly needed open space, and did not conform to local zoning.

But, in a 14-page decision received this week, State Supreme Court Justice Thomas F. Whelan ruled that the ZBA arguments were "irrational, arbitrary and capricious" and he awarded the needed permits.

Whelan also annulled the ZBA's environmental review of the project, and said East Hampton village had not taken the legally required step to assist the library in dealing with local zoning issues. He ruled that the library was an educational institution, protected by federal law, and was legally entitled to such assistance.

Library board member Tom Twomey said the decision could be precedent-setting, because it is the first time that a court has ruled that a library is entitled to this protection.

East Hampton Village Manager Larry Cantwell said his village board had only just received the court ruling, and still must decide whether to appeal. The decision gives the village 90 days to set "reasonable conditions" on the library permits.

Unlike other libraries, the East Hampton library does not pay for expansions by issuing bonds, but relies on private donations. Twomey said that about half of the $4 million needed for the project had been raised, and that the library board would go "into high gear" to complete fundraising once the permits are issued.

Twomey said the addition is smaller than a tennis court, with half the 6,800-square-foot addition built below ground.

The proposed expansion drew a lot of attention, partly because of the building's location -- across the street from Guild Hall, a major cultural center, and near some of the busiest road intersections in East Hampton Town.