Court Reverses Library Expansion Denial in Landmark Decision

Eight contentious years after the East Hampton Library started the process to build a children's wing, the New York State Supreme Court ruled in its favor on Tuesday in what library officials are calling a landmark decision.

Justice Thomas F. Whelan issued a special permit and two variances the library required to build a new children's wing, reversing a decision made by the East Hampton Village Zoning Board of Appeals last year, a denial the justice called irrational.

"I've been waiting for this moment for eight years," Tom Twomey, the chairman of the library board of managers, said at a press conference on Wednesday afternoon. "It's going to be precedent setting throughout the State of New York, maybe even throughout the country."

The decision concluded that the zoning board of appeals ignored its own experts. Witnesses had testified before the ZBA that the additional 6,800 square feet would minimally impact traffic and parking in the area and that 84 percent of the existing open space at the library would be preserved, especially since half the addition was underground.

The fact that the library is in a residential district was one of the zoning board's primary reasons for denial. However, the justice found that the character of the neighborhood on Main Street -- which has churches, museums, restaurants and inns nearby -- would be preserved.

Doreen A. Niggles, the library president, said she was relieved the ordeal was over. "The decision we received from the court will finally allow us to have what we planned eight years ago -- what the community needs," more children's books, handicapped access to the meeting room and a proper meeting room, more parking, a young adults homework room and more computers, she said. "Unfortunately, a whole generation of young children lost the benefits of these improved library services over the last eight years."

The decision also held that the library was an educational institution, as contrary to the position of the village.

"Because religious and educational institutions are cornerstones of American democracy, they are entitled to certain procedural treatment -- not exemption -- but certain procedural treatments before zoning boards throughout the state," Twomey ruled. "The court concluded that the village unlawfully refused to recognize the library as an educational institution to intentionally deny it these constitutional protections."

The library was joined in the suit by four state and regional library associations. "Since no village or town in New York had previously denied a building application by a library over the last 300 years, there were no prior instances where a court was asked to rule on whether or not a library was an educational institution," Twomey said of the precedent.

Dennis Fabiszak, the library director, said, "This is a great victory for the residents of East Hampton and for all of the libraries in New York State that will benefit by not having to go through such an irrational, costly and time consuming process as we had to in East Hampton."

Twomey added he was grateful to the supportive residents, 83 percent of whom voted in favor of the library moving forward with litigation to challenge the denial.

The library board spent over $300,000 on legal fees throughout the eight years and upwards of half a million dollars including architects, engineer, traffic consultants and other fees, he said. But, the taxpayers didn't foot the bill.

"That was all paid for by the board, raising the money privately," Twomey said. "No taxpayer money has gone into what we've done or will do."

According to Twomey, there is only one other library in the state that doesn't go to the voters for tax support to build.

The board has already raised about half of the $4 million needed for the construction. Twomey said the board intends to step up fundraising and won't break ground until all the money is raised.

While the village also has a right to appeal the decision, it can also impose further reasonable requests on the library within a 90-day period, though a hearing would have been scheduled within 60 days.

The library does have to get the site plan approved by the design review board. The site plan is being finalized and the process is expected to take a few months.

Larry Cantwell, the village administrator, declined to comment, but said in an e-mail, "The village board will discuss the decision at their regular monthly meeting tomorrow , in executive session no doubt, before any comments are made."