NYS judge allows limited work on Shinnecock gas station to secure site

The state Supreme Court judge who in March ordered a halt to construction at the Shinnecock Nation’s Westwoods gas station project in Hampton Bays has issued a new order allowing limited work to take place to secure the site and protect against damage.

The latest filings put state Supreme Court Justice Maureen Liccione into the role of construction site overseer, weighing among other things the "structural integrity of the canopy structure" and "how many supports would be installed" to support it, according to her April 28 order.

Meanwhile, leaders of the Shinnecock Nation have filed an appeal of Liccione’s March preliminary injunction to the state Appellate Division. Lance Gumbs, the nation’s vice chairman, said shutdown of construction is costing the tribe $22,000 a day. Construction is being funded through a loan guaranteed by the federal Bureau of Indian Affairs, he said.

The case was filed against Shinnecock leaders in December by the Town of Southampton after the tribe began construction on the 80-acre property the prior April as part of a broader economic plan (most tribe members live under the poverty level). The town has since challenged the aboriginal sovereignty of the tribe’s Westwoods’ property and raised doubts about a recent federal finding from the U.S. Department of the Interior affirming the land’s protected aboriginal status.

Many residents who live around the Hampton Bays property say the development has opened their properties to bare earth, lights and construction noise. They say they also worry about traffic and environmental impacts from fuel tanks. Shinnecock leaders say the parcel is protected by its sovereign status as well as federal and tribal oversight, and they note that several gas stations operate on the nearby Shinnecock canal.

In the latest court filing, Liccione focused on a series of requests by the tribe to shore up the travel plaza site to secure it and prevent erosion or damage. She’d previously approved a perimeter fence.

In her order Liccione approved a request by Shinnecock tribal leaders to complete the installation of steel support beams and decking for a main structure to help stabilize it, along with waterproof barriers to "protect the structure from the elements."

The judge also approved temporarily covering fuel sump-pump pits and fuel tanks, completion and covering of emergency shut-off locations and securing of metal strips in decking to avoid their becoming airborne.

Gumbs said the temporary work is "buttoning up while we’re going through the legal process, to protect what we’ve got there."

At the same time the nation is "exploring all avenues to see what we’re able to do" to move the case to federal court, he said. "It doesn’t belong in state court; it belongs in federal court. The state courts do not have an understanding of federal Indian law."

Southampton Town Attorney Jim Burke in an email noted the judge expects the parties to be "in communication about the additional activity at the site" and said the town "will be available for any discussions or coordination" to implement the court order. He added, "The town is always open to further discussions with the tribal council directly to discuss if there is any pathway for a resolution to the overall matter."

Liccione also ruled the tribe’s contractors could apply protective coatings and coverings to the structures against corrosion.

But she declined a tribal request to pour concrete slabs at the site, rejecting a claim that the beams of the main retail structure are "not adequately supported" and could lead to damaging water infiltration. She said she would revisit the request if the Shinnecock leaders made a case for the slabs.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.