Sculpture Lighting Debated
In an uncharacteristically brief meeting on Friday, the East Hampton Village Zoning Board of Appeals closed three continued hearings and all six new hearings on its agenda. One continued hearing, for Edward Conard, a former managing partner at Bain Capital who seeks to build a tennis court that would fall within required setbacks at 30 west End Road, a plan that rankled the neighboring property owner, was adjourned to the board’s next meeting, on July 13.
Friday’s hearings were not controversial, for the most part, and prompted few questions from the board. Among them was an application by the billionaire investor and philanthropist Ronald Perelman, who owns the Creeks, a nearly-60-acre estate on Georgica Pond at 291 Montauk Highway.
A hearing for Mr. Perelman’s previous application, to legalize numerous zoning-code violations, had spanned four months, the board and Mr. Perelman’s representatives agreeing that some structures that had been constructed or expanded without building permits and in violation of required setbacks from wetland areas could remain in altered form in exchange for measures to mitigate detrimental impacts to the pond.
Among the violations was a finding that more than 70,000 square feet of vegetation had been improperly cleared; among the mitigation measures was a stipulation that Mr. Perelman must, within one year, revegetate 133,756 square feet of the property, more than three acres, to create a vegetative buffer between it and the pond.
On Friday, the hearing was reopened to discuss one condition imposed in the board’s April 13 determination: that there be no lighting on six sculptures for which the board had granted area and wetland setback variances. One sculpture straddles the rear-yard lot line and wetlands.
“Unfortunately, survey and site submissions throughout the hearing process failed to indicate the lighting that was on these sculptures,” said Lenny Ackerman, an attorney representing Mr. Perelman. “We ask that that provision be omitted from the determination.”
Although lighting had not been discussed, there was no indication of that in the record, said Frank Newbold, the board’s chairman. “Mr. Ackerman and his client are arguing that the statues have been lit for a substantial period of time,” he said, noting that no neighbors had issued a complaint.
The lights are in the revegetated buffer zone, which cannot be fertilized or mowed, Mr. Newbold said. “The question is, how does one maintain this without disturbing the natural buffer?”
“How do you change a bulb?” Mr. Ackerman asked. “Very carefully, I suspect.”
“I assume to change a lightbulb here and there is minimally intrusive and certainly not going to harm the environment, one would imagine,” said Mr. Newbold.
Billy Hajek, the village’s planner, agreed. “I’m less concerned with people changing lightbulbs versus underground utilities and wires and stuff,” he said.
Removing the lighting and associated wiring, Mr. Newbold said, “would probably cause more disturbance than leaving it in place and just maintaining it.” The bigger picture, he said, was the substantial mitigation for the ecology of the pond, which also included a promise to replace existing septic systems with Suffolk County-approved nitrogen-reducing systems within two years of the April determination.
The hearing was closed, and a decision will be announced at a future meeting.
Two determinations were announced at the meeting. The board granted Ute Meirowitz a variance allowing 24,561 square feet of coverage at 19 Amy’s Court at one of nine detached condominium units. Site plan approval allowing 22,207 square feet had previously been granted. The applicant has a sale pending for which an updated certificate of occupancy is required. The current survey depicts 2,354 square feet of coverage greater than what was permitted when the original certificate of occupancy was issued.
Douglas Fanning was granted variances to permit 256 square feet of coverage over the maximum permitted in order to construct a swimming pool, patio, and front porch, to make alterations to the house, and to convert a portion of a detached garage into a pool cabana at 50 Dayton Lane.