All Quiet On Popcorn Front
All should be peaceful on the Georgica Association front, now that Faith Popcorn and her Wainscott neighbors have agreed on modified additions to the trend watcher's house.
The East Hampton Town Zoning Board of Appeals approved Ms. Popcorn's application in June, despite objections by her neighbors, but last week the board received a request for a modification.
In an Aug. 12 letter from William Fleming, an East Hampton attorney representing the owners of three neighboring properties, the board was told that the neighbors and the Georgica Association approve of the changes. The board approved the changes unanimously Tuesday night, noting that it required no greater variances.
Garage To Go
The most significant change is the elimination of an existing garage, which Ms. Popcorn had initially hoped to convert to living space. The bulk of new construction also has been moved away from the association's private road, Ms. Popcorn's attorney, Christopher Kelley of East Hampton, told the board, and the square footage of the plan is now slightly less than had been approved originally. The "footprint" of the house will be slightly smaller, though the second story will be larger.
Mr. Kelley told the board his client had decided to accept the modified plan to avoid a lawsuit, though he added that he felt confidant the board's decision would have been upheld by the courts.
"A Nice Thing"
Heather Anderson, the board member who alone wanted to deny Ms. Popcorn's earlier application because she thought it asked for more than the minimum variances necessary, said Tuesday night the modified plan better addressed the neighbors concerns. The agreement was "a very nice thing to have happened," she said.
Mr. Kelley also sought to clarify the requirements of a scenic easement his client is to place over land at the edge of Georgica Pond. While the area is now mowed lawn, the standard language of a scenic easement requires the protected land to remain in its "current natural state," which, in fact, is far from natural.
The board and Ms. Popcorn agreed that she could replace the lawn with low-growing native plants, subject to the board's approval. Once the planting is complete, the scenic easement will not be able to be disturbed.