Sagaponack Will Not Fight Petrello Case

Posted on 23 November 2011

In response to a lawsuit filed against the Village of Sagaponack in September regarding its Coastal Erosion Hazard Law (CEH), Village Attorney Anthony Tohill has advised village trustees not to fight the case. It is now in the hands of the New York State Department of Environmental Conservation (NYSDEC), which was also targeted in the suit.

The suit was brought against Sagaponack Village, Southampton Town and the NYSDEC by attorneys representing Sagaponack property owners Anthony and Cynthia Petrello. Enacted by the village in June of this year, the CEH law requires new homes along the ocean to be set back 125 feet from the crest of the dune, creating more of a buffer between oceanfront properties and waterside dunes.

The Petrellos acquired a 1.5-acre piece of property from the White family of Sagaponack in 2010 and soon laid-out plans for a two-story, five-bedroom home to be built on the land. The original building plan was approved by the NYSDEC back in December of 2010. However, abiding by the village’s new CEH law, Petrello’s building plan would have to be set back an additional 30 feet.

Should the Petrellos ultimately win the case, they will be able to proceed with plans to build the two-story, five-bedroom home on the ocean, nuzzled up against the White Family Farm.

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