Southampton Town voters will decide in November whether to lift a conservation easement that had been placed on an East Quogue property, now that a developer has built on it, according to a town board resolution passed Thursday.
The homeowner at 154 Maggie Dr. would donate to the town a slightly larger amount of space on the property to make up for the erroneous construction of a pool, deck, patio and stairs in 2004.
Lisa Kombrink, a Riverhead attorney for the title insurance company, said that the property, which is supposed to remain untouched, had been built upon by the previous owner.
The town mistakenly issued a certificate of occupancy, which differed from the building permit plans. The owner and title company only realized the mistake when the owner was trying to sell the house in June.
The easement was placed on the parcel as part of the development approval in 1990. Nothing was supposed to be constructed on the “scenic and slope conservation easement.”
Town officials said if the November vote fails, the homeowner could be forced to sue the town in State Supreme Court or have to undo the construction on the property.
The existing easement is 5,692 square feet, while the replacement easement would be 6,050 square feet. The new area would be adjacent to other protected property.
The four-bedroom, four-bathroom house last sold in October 2007 for $1.1 million, according to real estate site Zillow.com.