Judge Upholds Preliminary Injunction Against Day Camp Operator: Town

EAST HAMPTON, NY — A Supreme Court judge upheld East Hampton Town's zoning restrictions and a preliminary injunction against a day camp that had 26 counselors living in a single family home, East Hampton Town officials said.

A release from East Hampton Town Supervisor Larry Cantwell's office Tuesday said a 10-page decision upheld the town's zoning code limitations on how many unrelated individuals can occupy a single family residence.

New York Supreme Court Justice Gerard Asher granted the town's motion for the preliminary injunction and denied day camp operator HCDC, LLC motion to dismiss, the release said.

“This decision upholds the town’s zoning code and protects the integrity of our single family neighborhoods,” Cantwell said. “The court found that there were ‘enhanced risks to the health, safety, and welfare of occupants and nearby residents in the event such violations were to continue.’ Such a finding by the court illustrates the necessity for the strong provisions in our zoning code protecting the character of our single-family residences and the good work done by our building and code enforcement departments in enforcing the town

code."

According to Cantwell, in August, 2015, based upon probable cause developed during an investigation, the Town of East Hampton executed a search warrant at a single-family residence located at 17 Ocean Boulevard and found 26 camp counselors living together in the residence.

Building inspectors and code enforcement officers also found four illegally constructed/converted bedrooms that "were both overcrowded and lacked appropriate means of egress in the event of an emergency. In addition, three bathrooms were added to the residence without the benefit of permits or health department approvals, and numerous other building, health and sanitary code violations were found," the release said.

A temporary restraining order, entered by Judge Asher, has been in place since August,
2015.

The defendants, represented by attorneys Farrell Fritz P.C., made a motion to dismiss the town’s injunctive action "on the basis that the town’s limitations on the number of unrelated individuals were unconstitutional," the town's release said.

Judge Asher’s decision found the defendants’ constitutional claims to be “without merit” and
granted the town’s application for a preliminary injunction that will remain in place during the
pendency of the rest of the litigation, the release said.

“The preliminary injunction limits the occupancy of this single-family residence to no more
than four unrelated individuals as required under the town zoning code. The town is satisfied
that the court recognized — and put a stop to — the inherent danger to the community and the
deleterious effect that having 26 camp counselors living in a single-family residence can have on
a neighborhood,” Cantwell said.

The town code violations are scheduled for trial in the East Hampton Town
Justice Court on January 31.

East Hampton Town was represented by John Denby of Devitt Spellman during the legal proceedings.

A call to Farrell Fritz, P.C. for comment was not immediately returned.

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