Creeks Variances Granted
Four months after Ronald Perelman’s sprawling application to legalize numerous zoning-code violations was considered, the East Hampton Village Zoning Board of Appeals on Friday granted most of the billionaire investor and philanthropist’s variance requests for the Creeks, his estate on Georgica Pond.
Several buildings had been constructed or expanded on the nearly 58-acre property without building permits and in violation of required setbacks from wetland areas. The setbacks were of concern because of the property’s proximity to the pond, which is ecologically compromised.
Over several meetings, the board and Mr. Perelman’s representatives, chiefly Leonard Ackerman, an attorney, agreed to the reduction of some structures and alteration of their use, as well as a package of mitigation measures, in exchange for variances legalizing most of the construction and altered or expanded uses.
The variances will legalize the construction of 160 square feet of additions to the main residence, which fall within the required 150-foot wetlands setback; the construction of a 5,802-square-foot structure containing cooking and living facilities on the condition that it have no more than three bedrooms, and a 426-square-foot addition to a carriage house, resulting in a 4,142-square-foot accessory building. The latter variance was granted on the condition that the structure’s six bedrooms and all habitable space on the second floor were demolished, with the second floor stripped to studs, the removal of all interior partitions, finishes, fixtures, and appliances, as well as heating and insulation, so that the structure is suitable only for storage or mechanical equipment.
Mr. Perelman was granted variances to legalize the enlargement of a small synagogue from 757 square feet to 1,275 square feet, and to allow it to contain three rooms plus two powder rooms, although the code allows only one room in accessory structures, and to allow it to be 15.1 feet high where the maximum permitted is 14 feet. Another condition was that there be no cooking or sleeping accommodations and no more than two powder rooms, which may have neither a shower nor bathtub. An indoor shower is to be removed from a pool house.
In addition, the board granted variances to legalize six artworks and sculptures put up within rear-yard and wetlands setbacks, the construction of a chicken coop and trellises, and the clearing of vegetation and landscaping within wetlands setbacks. Variances were also granted to allow a 317-square-foot tent to remain and fencing to be relocated.
In other conditions, the board said Suffolk County-approved nitrogen-reducing septic systems must be installed for every structure for which a sanitary system is required within two years of the determination. A covenant is to be filed at the county clerk’s office declaring that future owners of the property will be obliged to maintain those systems.
Within one year, Mr. Perelman must revegetate 133,756 square feet of the property to create and maintain a vegetative buffer between it and Georgica Pond. (The board had found that more than 70,000 square feet of vegetation had been improperly cleared.) No pesticides or fertilizers are to be used, and a covenant will put successor owners on notice of an ongoing obligation.
The board did, however, deny one of Mr. Perelman’s requests, requiring that he reduce the floor area of an accessory “workout” building within a wetlands setback to the square footage at the time its certificate of occupancy was issued. He had enlarged it from 575 to 795 square feet.