Sag Harbor 'Half House' Lawsuit Settled - 27 East


Residence / 1378189

Sag Harbor ‘Half House’ Lawsuit Settled

icon 1 Photo
The 'half house" located on Jermain Avenue in Sag Harbor. JON WINKLER

The 'half house" located on Jermain Avenue in Sag Harbor. JON WINKLER

author on Jan 30, 2017

After nearly a year of back-and-forth between homeowner and review board, the “half house” of Sag Harbor is now allowed to expand.

The two-story, three-bay frame house located at 136 Jermain Avenue has been in dispute in front of the Sag Harbor Village Board of Historic Preservation & Architectural Review (ARB) since May of last year after its owner, Julian Ellison, made repeated submissions for a certificate of appropriateness to renovate the house. Mr. Ellison was denied five times in a span of four months, causing him and his attorney, Alex Kriegsman, to file a lawsuit against the board, along with the village board of trustees in Suffolk County Supreme Court. After the court issued an Order to Show Cause on December 1, Mr. Kriegsman announced that the lawsuit has been settled and Mr. Ellison was awarded a certificate of appropriateness for his renovation plans.

“It is unfortunate that a suit was necessary to achieve this result,” Mr. Kriegsman said in the email announcement of the settlement. “I hope in the future the ARB will be more mindful of New York State law and the Village Code.”

In accordance with the settlement, Mr. Ellison will also be issued a building permit by the Village Building Department as long as his renovation plans are approved by the Suffolk County Health Department and the Building Department. The renovation will have to adhere to revised plans submitted to the ARB at the September 8 meeting. With that, the settlement also states that the issue of the lawsuit is “discontinued and dismissed with prejudice.”

ARB Chairman Anthony Brandt agrees.

“The case is settled, so we’re done with it,” he said this week. “They have to build on the agreed upon design. If they don’t, they’ll have to approach the building inspector.”

Mr. Brandt went on to explain that the main issue that he and the ARB found with Mr. Ellison’s plans was that the addition Mr. Ellison wants to build onto the house was too large for both the house itself and the historical aesthetic of the neighborhood. According to Anne Sherry, the architect of the renovations, the size of the addition fell under the new village zoning code. However, Mr. Brandt said the ARB still can have a say in the issue, noting that it is written into village code that the ARB can issue a final determination if the board finds a house, or in this case an addition, out of scale. While Mr. Brandt said that the ARB is no stranger to lengthy discussion on properties, this case was unique among others.

“This isn’t uncommon at all, but it is uncommon for us to be sued,” he said. “We finally scaled the project down where we thought the addition was appropriate.”

You May Also Like:

In Horticulture, Patience Is Truly A Virtue

As the flowers of spring fade, many of the plants that they belonged to need ... 2 Jun 2020 by Staff Writer

LongHouse Horticulturist Holger Winenga Offers Planting Advice

Holger Winenga, the horticulturist at LongHouse Reserve in East Hampton, says he always recommends gardeners ... by Brendan J. O’Reilly

Read The Label, Not The Brand Name

As in any business, branding has become important as well in gardening and horticulture. Proven ... 27 May 2020 by Staff Writer

Garden Tips For May

One of the agribusiness areas that are doing well as a result of the COVID-19 ... 20 May 2020 by Staff Writer

Q&A With Bridge Gardens Manager Rick Bogusch: Starting A Vegetable Garden

Rick Bogusch, has been the garden manager of Peconic Land Trust’s Bridge Gardens in Bridgehampton ... 18 May 2020 by Staff Writer

Life During Covid: A Visual Diary

Preexisting, nonconforming — that was the feature of the diminutive house on Sag Harbor’s Madison ... 15 May 2020 by Annette Hinkle

Attracting The Birds And The Bees The Natural Way

There once was a time when a garden would be expected to be brimming with ... by Stephen J. Kotz

Compost Tea Is Black Gold To Some Gardeners

They call it “black liquid gold.” It’s hailed as a magical elixir for optimal performance ... 14 May 2020 by Michelle Trauring

Garden Notes

Hello, fellow gardeners! First, a short explanation about what’s going on with my column. Yes, ... by Staff Writer

Exodus From New York Could Have Positive Impact On Local Economy

When the mood strikes, Judi Desiderio hops on her bike and cycles down Gerard Drive ... 6 May 2020 by Michelle Trauring

Welcome to our new website!

To see what’s new, click “Start the Tour” to take a tour.

We welcome your feedback. Please click the
“contact/advertise” link in the menu bar to email us.

Start the Tour
Landscape view not supported