The East Hampton Village Board will attempt to stop John and Suzanne Cartier from building a second house on their property at 105 Main Street, even though the zoning board of appeals determined earlier this month that their plans conform to zoning requirements.
The village board voted on Friday to hire the law firm Lamb and Barnosky to commence legal actions to “preclude the proposed disturbance of the premises,” which is covered by a scenic easement granted to the village in 1975.
Village code currently allows second residences for domestic employees or family members to be built on certain properties large enough to be subdivided, as long as both houses conform to zoning in every way should those properties be divided in two.
After being denied a building permit in 2010 to relocate and reconfigure their main house and build a second one elsewhere on their two-acre property, the Cartiers applied to the Z.B.A. earlier this year for variances. Following four months of review, the zoning board determined that the variances requested were not necessary because both houses as proposed would conform to zoning code requirements for large lots.
However, the village board believes that a scenic easement granted when the property was subdivided in 1975 “does not permit a second home to be built on it,” said Larry Cantwell, the village administrator.
The village is responsible for enforcing the easement, and is hoping a judge will stop the Cartiers from moving ahead with their plans.
At the same time, the village is seeking to eliminate the section of the code allowing second houses on certain single lots. Generally, in a residential district, only one house is allowed per property. If the change, subject to a hearing on Dec. 21, is approved, property owners would no longer be able to build second houses on their property unless they first subdivide it. “One house, one lot, period,” Mr. Cantwell said.