Sag Harbor ZBA Says 'Legs' Must Come Down

The Sag Harbor Village Zoning Board of Appeals on Tuesday night ordered the “Legs” sculpture, which has drawn worldwide attention and sits outside a Madison Street home, to be taken down by September 15. Also, all lighting of the sculpture was ordered to stop immediately.

In a 4-0 vote, the board denied three variances requested by art gallery owners Janet Lehr and Ruth Vered that would have allowed the more than 16-foot-tall fiberglass figure of a woman’s legs to remain standing outside their home, where it has faced Henry Street since it was installed in 2008. The piece has stirred controversy about its legality under village zoning. At the same time, the statue has also attracted plenty of fans who have argued that “Legs,” a sculpture created by the late Pop artist Larry Rivers in 1969, is a work of art and, as such, should not be forced to comply with the village’s zoning standards.

But, ultimately, the argument failed to sway the board.

“We are not persuaded by the argument that a sculpture is ‘art’ and therefore somehow exempt from the village zoning code. A sculpture can be both ‘art’ and a structure subject to zoning,” states the board’s decision, which Ms. Pickering said was written by Village Attorney Fred W. Thiele Jr. “There are a variety of options for the display of a sculpture in the village that do not run afoul of the village zoning code regarding structures.”

ZBA Chairwoman Gayle Pickering, as well as members Anthony Hagen, Brendan Skislock and Benedetta Deubel, via their vote of denial, upheld a previous determination by the village building inspector that the statue is an accessory structure that would therefore require a building permit.

A structure, according to village code, is defined as “anything constructed or erected on or under the ground or upon another structure or building, excluding at-grade walkways and access driveways.” Under this definition, the “Legs” are illegal, standing just 1 foot from the property line, where a 35-foot setback is required. This variance request was a major reason the board cited in its decision, calling it significant and also that it would set a precedent that would undermine the village’s efforts to create space, light and air. The “Legs” would also need a height variance—as the statue is 16 feet 1 inch all, where only 15 feet is allowed—as well as a sky plane variance, to be legal.

The fifth member of the board, Michael Bromberg, recused himself from the vote, citing relatives who have a home nearby.

The ZBA’s decision states that several neighbors of the property vehemently opposed the application, objecting to the sculpture’s size and proximity to the lot line, and its being lit during the evening. The sculpture stands on a subterranean concrete footing and is mounted on a steel support at each foot.

The board determined that the dimensional requirements of the “Legs” result in an undesirable change in the character of the neighborhood and a detriment to nearby properties. It is also contrary to the village’s goals of protecting and preserving the village’s historic district.

Finally, the board ruled that Ms. Lehr and Ms. Vered have self-created their alleged difficulty. “The structure in question was erected without a permit or any inquiry of the proposed location. Only after it was constructed, complaints were lodged, and a notice of violation was issued, did the applicant come to the village to address this matter,” it states.

ZBA Chairwoman Gayle Pickering said a suggestion she made last month to find a compromise, such as a temporary variance for the “Legs,” was opposed by the village attorneys.

The village previously ordered the “Legs” to come down by January 20, but zoning board members hinted at the time of their previous denial that they would be willing to consider allowing the structure to remain if some modifications were made and a new variance was sought.

Ms. Lehr and Ms. Vered expressed displeasure at the announcement of the denial. “They’re chickens, just a bunch of chickens,” Ms. Vered muttered.

The pair have not yet made clear what they plan to do next, or whether they plan to sell the statue.