Dan's Papers - May 9, 2008

With immediate action, the Long Island Power Authority (LIPA) has begun construction of the aboveground portion of a new transmission line from Southampton to Water Mill, the first step in a long-contested utility work project.

Last Monday, State Supreme Court justice Peter Mayer denied Southampton Town's requested injunction and temporary restraining order designed to stop LIPA until the two sides work out whether or not to completely bury the entire line. As of now, 55% of the line is already buried, but the rest is scheduled to be placed on highly visible poles that some residents feel could be dangerous, as well as be damaging to scenic views.

Judge Mayer reserved decisions on the behalf of two cross-motions brought by the power company - the removal of stop work orders the Town had previously won two weeks ago, and to dismiss an Article 78 lawsuit (used to challenge by agencies and officers of state and local government) over its methods of conduction concerning its state-required environmental review. As of now, Southampton Town's legal representatives will continue to try and negotiate a settlement hoping to avoid future legal action, but the decisions made by the justice have made a Town victory now highly unlikely.

LIPA spokesman Ed Dumas has since stated that LIPA will no longer be observing the work stoppage orders, stressing the critical nature of the project. The equipment and work materials necessary have already arrived and are ready for construction use. Some of the area's more vocal neighbors, reacting to the Town's failure to stop the work, offer that Hamptonites further east should be prepared for power lines and poles to rise in their neighborhood. However, that ominous warning is a little too late.

Over in the northwest section of East Hampton, an ecologically sensitive wetland area, there has already been installation of several utility poles along Hand's Creek Road, Ely Brook Road, Alewife Brook Road and Old Northwest Road. Town Environmental Protection Director Larry Penny, Councilman Brad Loewen and other members of the environmental watchdog group Northwest Comprehensive Coordinating Committee have been working to find a way to stop the addition of new and even larger poles, also hoping to convince LIPA to bury lines instead of posting them high in the trees.

But LIPA reps insist that new service is overdue here, as two of the electricity distribution circuits in the area are carrying massive loads without a backup power source. LIPA states that without upgrades in energy distribution, even minor circuit failures could cause close to a 1,000 residents to lose power for an extended period of time. But Penny and his supporters have asked the highway superintendent not to grant permission to the power company - the only permit that LIPA actually needs to start work. The goal is to push the utility to apply for a "natural resources special permit" granted (and required) to build anything near wetlands. This in turn would give the Town some leverage in convincing LIPA to bury the intended lines. Penny has expressed to the media that new poles would not only damage the bucolic view, but could entangle birds and would involve the pruning and cutting down of century-old trees. LIPA reps disagree, stating that burying would be of greater impact to a wetland area versus power lines crossing above it. Furthermore, while they continue to review the possible benefits of underground wires, overhead placement is the standard method employed.

The New York State Department of Environmental Conservation (DEC) had already issued LIPA a general permit to begin pole installation, but Penny had sent a letter back in February stating that the areas in question are of "scenic significance." The State's final approval is expected soon.

Until then, work has been halted, as it turns out the power company has since been found "in violation of conducting activities in the freshwater wetland beyond the authorized activities," according to a letter to East Hampton officials from DEC Region 1 Natural Resources Supervisor Chuck Hamilton. And although LIPA does have a legal permit to continue work started on Old Northwest Road, they have stated to the press they will hold off on any work on this project until the hearing they are facing concerning the potential violations.