Court rules against Shelter Island in mega-mansion fight
Shelter Island officials passed a six-month moratorium on mega-mansions earlier this year, but a judge recently ordered town officials to grant a building permit for an 11,000-square-foot home after property owners filed a lawsuit. Credit: Newsday/Steve Pfost
A judge has ordered Shelter Island officials to issue a building permit to property owners who applied in 2020 to construct an 11,000-square-foot home, despite the town's recent six-month pause on mega-mansions.
The August ruling followed the property owners' June lawsuit accusing the Shelter Island Town Board of passing a "targeted" temporary moratorium against the approval of special permits for single-family houses of more than 5,999 square feet.
The property owners, identified in court papers as Crescent Beach, LLC, want to build the plus size home at 11 Serpentine Drive on a bluff overlooking Sunset Beach.
Suffolk State Supreme Court Justice C. Stephen Hackeling ordered Shelter Island in his ruling to issue the building permit by Oct. 1.
But court records show Shelter Island has filed an appeal and town attorney Stephen Kiely said that means town officials aren't obligated to meet the Oct. 1 deadline because the appeal grants an automatic six-month stay.
“We’re trying to fix a faulty code,” Kiely added in an interview last week.
In May, town board members unanimously approved the six-month moratorium, saying it would provide time to reevaluate outdated zoning regulations and examine the impact of mega-mansions on community character, the environment and water quality.
The lawsuit also sought to overturn the moratorium. But the judge denied that request, saying it was "moot" since he ordered the town to issue Crescent Beach, LLC its permit.
Hackeling also wrote in his decision that the town’s refusal to grant or deny the applicant’s permit for more than three years — with a six-month moratorium added on top — violated state and federal constitutional requirements of “due process.”
The judge further said that the town didn't adhere to precedent since officials previously granted 38 out of 38 similar permit applications over 18 years.
Attorney John Bennett, who represents the property owners, said in an interview last week that the town acted in “bad faith” by delaying the permit approval process so it would get wrapped up in the moratorium.
“Anybody who has a sense of fairness or even a modicum of a sense of fairness would be appalled by the town’s action,” Bennett added. “This isn’t just business as usual.”
But Kiely said the town hadn't been "picking on" the Serpentine Drive property owners, whose permit application he said had missing information and discrepancies.
Kiely added that the moratorium's timing made sense because the board since 2020 has been working to update Shelter Island's comprehensive plan.
Bennett declined to identify his clients by name, but said they've lived on the island about 20 years.
He said he believes the house eventually will be built, "if somebody wakes up and decides to treat these people with good faith."
A judge has ordered Shelter Island officials to issue a building permit to property owners who applied in 2020 to construct an 11,000-square-foot home, despite the town's recent six-month pause on mega-mansions.
The August ruling followed the property owners' June lawsuit accusing the Shelter Island Town Board of passing a "targeted" temporary moratorium against the approval of special permits for single-family houses of more than 5,999 square feet.
The property owners, identified in court papers as Crescent Beach, LLC, want to build the plus size home at 11 Serpentine Drive on a bluff overlooking Sunset Beach.
Suffolk State Supreme Court Justice C. Stephen Hackeling ordered Shelter Island in his ruling to issue the building permit by Oct. 1.
But court records show Shelter Island has filed an appeal and town attorney Stephen Kiely said that means town officials aren't obligated to meet the Oct. 1 deadline because the appeal grants an automatic six-month stay.
“We’re trying to fix a faulty code,” Kiely added in an interview last week.
In May, town board members unanimously approved the six-month moratorium, saying it would provide time to reevaluate outdated zoning regulations and examine the impact of mega-mansions on community character, the environment and water quality.
The lawsuit also sought to overturn the moratorium. But the judge denied that request, saying it was "moot" since he ordered the town to issue Crescent Beach, LLC its permit.
Hackeling also wrote in his decision that the town’s refusal to grant or deny the applicant’s permit for more than three years — with a six-month moratorium added on top — violated state and federal constitutional requirements of “due process.”
The judge further said that the town didn't adhere to precedent since officials previously granted 38 out of 38 similar permit applications over 18 years.
Attorney John Bennett, who represents the property owners, said in an interview last week that the town acted in “bad faith” by delaying the permit approval process so it would get wrapped up in the moratorium.
“Anybody who has a sense of fairness or even a modicum of a sense of fairness would be appalled by the town’s action,” Bennett added. “This isn’t just business as usual.”
But Kiely said the town hadn't been "picking on" the Serpentine Drive property owners, whose permit application he said had missing information and discrepancies.
Kiely added that the moratorium's timing made sense because the board since 2020 has been working to update Shelter Island's comprehensive plan.
Bennett declined to identify his clients by name, but said they've lived on the island about 20 years.
He said he believes the house eventually will be built, "if somebody wakes up and decides to treat these people with good faith."
Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
