Edward Perlberg 213 Hedges Lane Applicant proposes installation of ground mounted solar panels

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1 MINUTES OF MEETING OF THE ARCHITECTURAL AND HISTORIC REVIEW BOARD OF THE VILLAGE OF SAGAPONACK IN THE TOWN OF SOUTHAMPTON, COUNTY OF SUFFOLK AND STATE OF NEW YORK A meeting of the Architectural and Historic Review Board of the Village of Sagaponack was held at 3:00 p.m. on Friday, July 20, 2018 at 3175 Montauk Highway, Sagaponack, N.Y. The meeting was called to order by Chairperson Tom White with a flag salute. Present were Board Members Nick Martin, Emily Aspinall, Pingree Louchheim and Robert Barandes. Also present were Village Attorney Anthony Tohill, Building Inspector John Woudsma and AHRB Secretary Pat Arancio Remkus. APPROVAL OF MINUTES Chairperson White asked for a motion to approve the Minutes from the June 18, 2018 AHRB meeting. A motion was offered by Pingree Louchheim, seconded by Emily Aspinall and unanimously approved. APPROVED BY COMMITTEE OF TWO Chairperson White reported to the Board that the following applications have been approved by the Committee of Two prior to this meeting. OLD BUSINESS NEW BUSINESS Edward Perlberg 213 Hedges Lane Applicant proposes installation of ground mounted solar panels White Investments LP 2987 Montauk Highway Applicant proposes re-siding of building and change of front door There was no Old Business for the Board to consider. DEMOLITION Floppy Dog Properties II LLC 67 Daniels Lane Applicant proposes demolition of a 1 ½ story cottage Shauna McManus, architect, presented the application. She stated that the three bedroom cottage was formerly part of a larger farm and was known as 113 Gibson Lane. However since the property is accessible via AHRB Minutes

2 an easement off of Daniels Lane, her client formally had the addressed changed to 67 Daniels Lane. She explained that the structure is in poor shape including a cracked foundation that is not salvageable. She noted that the structure was constructed in 1968 and there was no notable architect, no historic event that took place at the structure and no notable contractor. Chairperson White asked for a motion to approve the application. A motion was offered by Nick Martin, seconded by Robert Barandes and unanimously approved. B NEW CONSTRUCTION 1. Floppy Dog Properties II LLC 67 Daniels Lane Applicant proposes re-construction of a 1 ½ story cottage Shauna McManus, architect, presented the application. She stated that they are proposing a 1430 sq. ft. simple L shaped barn, where 4,000 sq. ft. would be allowable. It will be a modest, energy efficient structure which will be built on a slab at grade. She continued to explain that the structure will have cedar shingled roof and walls with aluminum clad trim painted either white or pale grey. The height of the structure will be approximately 24 feet. The Board discussed with the applicant the lack of a lighting plan and light illumination calculations. Ms. McManus apologized for not supplying that in writing but explained that on average, the light illumination is 15%. She also explained that there will be step lighting and basic down lighting. The Board noted that the renderings show a black trim as opposed to the aluminum clad trim which Ms. McManus stated that is what was being proposed and a dark metal roof. It was the consensus of the Board that they preferred the black or a bronze trim and the shingle roof. Mr. Martin noted that the application should be consistent and should include the lighting plan that was discussed and the change to the roof materials of cedar shingles. A motion was offered by Chairperson Martin and seconded by Robert Barandes to approve the application subject to the referral to the Committee of Two for approval of the revised design showing the cedar roof, the height of the structure and the lighting plan. V. DEMOLITION Cont d 1. Deacon David Hedges LLC 414 Hedges Lane Applicant proposes demolition of a three story single family dwelling, 2 sheds, arbor, and 1 story framed barn AHRB Minutes

3 John Hedges, member of Deacon David Hedges LLC, presented his application to the Board. He explained that this house was built in 1775 and that the interior has basically remained unchanged since then. It was owned by his parents until two years ago when his mother passed away. He continued to explain that his parents attempted to preserve the house in 1970 by putting on a new roof and a partial foundation and in order to fund that, subdivided the property and sold off some of the lots. He noted that they have previously met with the Village Planning Board in an attempt to find a way to retain the house by further subdividing the 3 1/4 acre lot where the house is currently located. However, the neighbors demonstrated an unwillingness to cooperate and threatened to drag out the process to the point where they would hope that the family would run out of money and go away. He explained that the estimate they received to rehabilitate the house is upwards of 3 million dollars. They have also attempted to sell the property without success. Therefore, they are requesting a hardship exception for the demolition of this structure as they believe that they got to this point through no fault of their own and that they have fulfilled in every respect the requirements for this application. Mr. Hedges stated that if they could see a way through to pull all this together they would love to continue to work in good faith with the Village to avoid demolishing the house. Unfortunately, he noted that they are not in a position to litigate for two years, as some of the neighbors are willing to do. He asked the Board to look favorably on this application as he believes that the only way to preserve the house is to be able to have authorization to demolish it with the only possible path would be to allow a second residence on the property. Mr. Tohill and Mr. Hedges had a discussion regarding whether or not there was currently a mortgage on the property. Mr. Hedges stated that the mortgage had been paid and that he attempted to to the Village Clerk a copy of the Classic Abstract lien search letter which states that there is no mortgage on the property. Mr. Hedges questioned the need for the mortgage company information to which Mr. Tohill explained that the Village is not allowed to destroy the collateral of a mortgagee. Mr. Hedges asked if we could hold that thought for now to which Mr. Tohill explained that it was a condition precedent to the application being heard by the Board and is not a thought at all. Mr. Tohill asked Mr. Hedges if the satisfaction piece has been recorded today in the Suffolk County Clerk s Office. Mr. Hedges acknowledged that on his personal knowledge that the 5 million dollar mortgage had been paid in full and that a mortgage satisfaction document has been recorded in the Suffolk County Clerk s Office but was unable to provide the documents at this time. Mr. Tohill explained that a condition of the Board proceeding with this application is that Mr. Hedges will have to deliver to the Village a document signed by Classic Abstract on their stationary by Monday along with a copy of the SAT as recorded, reciting the time, day and place of the recording showing that it satisfies all the mortgage interest of Unity Funding 4 LLC. Mr. Hedges noted that he did not see any obstacle for doing that. Mr. Tohill stated to the Board that Mr. Hedges is making a representation in public that that entity has recorded a SAT earlier today in the Suffolk County Clerk s Office and that the Unity Funding 4 LLC debt in the amount of 5 million dollars is no longer of record. AHRB Minutes

4 Mr. Barandes asked Paul Brennan, realtor for Mr. Hedges, to explain how he priced the property which is currently listed at 11 million dollars. Mr. Brennan noted that it is a 3 ¼ acre parcel, that it would be a major renovation project and that old houses are not in vogue at the moment unless something could be done with allowing another house on the property. He acknowledges that the listing, which describes it as a multifamily dwelling, was based on his knowledge of what the Board has allowed on other properties in the Village with historic structures and the possibility of this property having a similar outcome. Mr. Tohill stated that since the valuation of the property is based on that scenario, it would make sense that should be the application before the Board today. Mr. Barandes explained to Mr. Hedges that what Mr. Tohill is saying is that since the Board has worked with many other properties owners in the past to preserve valuable structures which also added value to the property, they are comfortable in supporting a similar outcome with them. He continued that Mr. Tohill, as counsel to the Board, is stating that when we look at the valuation placed on this property, it seems to include the concept of not asking for a demolition permit but asking whether or not the Board can collaborate with the owner in creating something here that gives it that added value. Then perhaps the Board can give you a way to do something right for you that is economically right as well. However, with the only application before the Board being the demolition application, you re not giving the Board the ability to try to collaborate on that basis. Mr. Hedges explained to the Board how his neighbors attempted to thwart his previous efforts to subdivide the property and he again stated that his family does not have the time or money to litigate for 2 years. Mr. Tohill asked Mr. Hedges if the objective of the neighbors was to purchase the property at a discount to which Mr. Hedges stated that it was at first but then they wanted to keep it as open space. Mr. Tohill explained that the Village has a comprehensive plan and a strong history since its inception of preserving historic structures and that an application that would involve the preservation of this house, from a legal stand point, would be no different than the seven properties that Board has approved in the past. And, just as in the past applications, if a neighbor comes in to oppose the application, the Board would address it in a normal course of business in a manner that would address the applicant s rights and interest as well as the interest of the Village as an entity that wishes to preserve historic structures. And therefore, if the neighbors want to purchase the property for less money, keep it as open space or if they want the house destroyed, the Board will not be able to help them. Therefore, the only next step that makes any sense would be to file to preserve the house, to build a second residence on the property that the function and use of the existing house would be as a guest house or another acceptable accessory structure. If a variance is required, the ZBA and AHRB could have a joint meeting to address the application. Mr. Barandes stated that the Board and Village would be very supportive of an application that would preserve the house as described and this would be another tool for the broker. AHRB Minutes

5 Mr. Hedges reiterated that what the Board has before them is a hardship application for the demolition of the structure which he believes meets all the requirements. Mr. Barandes disagreed with Mr. Hedges noting that in order for this to be a hardship application, the Board would have had to have previously denied a demolition permit for this structure, which it did not. However, the Board is trying to work with the applicant to come up with a resolution which the broker states would add value to the property if it were allowed to have multiple buildings on it. He strongly urged Mr. Hedges to consider that and perhaps the Board will be able to give them a tool to get the economic benefits they want. Mr. Barandes expressed the passion of the Board to protect the community and its history and do what s right for the people who created the community of which the Hedges family certainly is a part of. Mr. Barandes suggested, and the rest of the Board agreed, that the application should be adjourned to allow the Board members to visit the site and give the applicant an opportunity to think about alternatives to present to the Board as to what they would like in their arsenal of tools in order to get out of the position they are currently in. Mr. Hedges noted that perhaps they could amend the application to give some additional considerations with respect to what a second structure may look like. Mr. Tohill explained that the applicant would not need plans but they could simply come in with a concept and advised the Board to adjourn the application to the August 17 th meeting. A motion was offered by Chairperson White and seconded by Robert Barandes to adjourn the application until August 17, 2018 at 3:00 at Village Hall. It was approved unanimously. SELECTION OF COMMITTEE OF TWO FOR AUGUST Chairperson White and Robert Barandes will be the Committee of Two for August. MOTION TO ADJOURN MEETING Chairperson White asked for a motion to adjourn the meeting. A motion was offered by Robert Barandes, seconded by Pingree Louchheim and approved unanimously. TIME NOTED: 4:15 PM PATRICIA ARANCIO-REMKUS Secretary to Board AHRB Minutes