There were no Old Business items to discuss.

Transcription

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 regular monthly meeting of the Architectural and Historic Review Board of the Village of Sagaponack was held at 4:00 p.m. on Wednesday, August 20, 2008, at 20 Sagg Main Street, Sagaponack, N.Y. The meeting was called to order by Chairperson Ana Daniel with a flag salute. Present were Board Members Ann Sandford, Don Sachar, Tom White, Clay Dilworth as well as Village Building Inspector John Woudsma and Pat Arancio-Remkus, secretary. Absent was Village Attorney Anthony Tohill. I. APPROVAL OF MINUTES A resolution to approve the minutes from the July 16, 2008 AHRB meetings was offered by Don Sachar and seconded by Ann Sandford and unanimously adopted. II. OLD BUSINESS There were no Old Business items to discuss. III. NEW BUSINESS A. Addition 1. Nancy Ellen Davis. 216 Parsonage Lane Application for an addition of a mudroom with roof deck and construction of attached garage. Eric Woodward represented the applicant. Michael Davis was present as well. Chairperson Ana Daniel asked if everyone had a chance to look at the application. She stated the addition will enhance the panorama of the street. The existing garage is coming down and it is being reduced to transfer the footage to this. Vice Chairperson Ann Sanford asked if everything was going to basically be the same architectural style. Eric Woodward responded yes. 1

2 The Board was very pleased with the look of the new addition. The following resolution was offered by Ann Sandford and seconded by Don Sachar: Resolved that the application of Nancy Ellen Davis for an addition of a mudroom with roof deck and construction of attached garage be approved as proposed. The resolution was unanimously adopted. 2. Phillip Davis 69 Scotline Road Application for an already constructed Gazebo and for Driveway Gates Audrey Davis presented the application to the Board. Chairperson Ana Daniel explained that the application was for an already constructed gazebo and driveway gates. Mrs. Davis stated that it was not a gazebo because it did not have a roof on it.. She showed the Board on the drawings where the pergola and driveway gates were located. They also looked at the pictures in the file. Chairperson Daniel stated this should not have been built without first obtaining the proper building permit. Don Sachar stated that the Board has the option to approve it or to have the homeowner tear it down and re-build it. Chairperson Daniel stated that if this ever happens again she will ask them to tear it down. The following resolution was offered by Ann Sandford and seconded by Don Sachar: Resolved that the application of Phillip Davis be approved for an already constructed gazebo and driveway gates as proposed. The resolution was unanimously adopted. 3. Peter M. Brant 159 Trees Lane Application to demolish 2 nd Floor and to construct an addition to 1 st & 2 nd Floors Bill Kelly represented the applicant. Don Sachar stated the house was on a very long driveway. 2

3 Bill Kelly stated they are adding a second floor and a powder room on the 1 st Floor. Chairperson Daniel clarified that the existing structure is a one story residence and the applicant proposes a renovation to create a 2 story residence. Ann Sanford stated the current 2 nd story attic area is to be demolished. Building Inspector John Woudsma stated that the applicant proposes to demolish the roof and add dormers to the existing 2 nd floor attic area and a covered porch and cupola; renovate the 1 st floor by adding a new entry stair with landing at the southwest corner and a covered porch and a powder room to the north of the main dwelling and they want to legalize and move a pool shed to keep all of the pool equipment in. Don Sachar asked if the 2 nd floor can be seen by any of the neighboring homes. Ann Sanford stated she recalls it is a pretty low house. Chairperson Daniel stated it didn t look like there were many neighbors. Chairperson Daniel asked if anyone had any questions or comments. The following resolution was offered by Ann Sandford and seconded by Don Sachar: Resolved that the application to demolish the 2 nd floor attic space and add dormers to convert to livable area and to construct an addition to 1 st floor be approved as proposed. The resolution was unanimously adopted. 4. Adam Levinson 840 Sagaponack Main St Construction of fence with gate, driveway gate and outdoor chimney Chris DiSunno, Architect represented Adam Levinson. He noted that the Board has already reviewed the pool house and garage renovation. He stated that his client is proposing to add a chimney to the pool house for an indoor fireplace. He noted that the existing driveway gates will be moved back onto the property, and they will be adding a fence with a gate to enclose the trash receptacles. Don Sachar asked why the pool house has a chimney. Chris DiSunno stated the homeowners want to have a big fireplace inside the pool house and an outdoor fire pit. He noted that it is more for looks than anything else. Clay Dilworth stated she felt the garbage area was a great idea. The garbage man opens a little door. 3

4 Chris DiSunno stated there is a little door on each side for access and it is 4 8 in height. Don Sachar stated he is fascinated by the chimney in the pool house. Chairperson Daniel stated the homeowners are intending to live above the garage during the renovation of the main house. The kitchen will be taken out later on. The Board was concerned that with the addition of the fireplace along with the sink, refrigerator and bathroom in the pool house, that it could turn into a second residence. John Woudsma stated that the pool house has already been approved by the Village and it is not breaking any of our codes. We are here so we can agree to allow them to add the chimney to the pool house. The Board acknowledged the fact that on this particular property opportunities exist for multiple dwellings. We have the garage in which things have to be removed in order for things to be legal. Don Sachar stated it is his strong feeling that this will be used as a house. That is something we would be very concerned about. He knows people that rent out their studios every year. We have to talk about controlling this. Please advise Mr. Levinson. Chairperson Daniel stated that for the record the Board is concerned. Clay Dilworth asked if it is heated. Chris DiSunno stated that yes it is. There is a furnace. Chairperson Daniel was surprised to learn there is a furnace in this structure. Building Inspector Woudsma stated that unless you write a conditional C.O. for a seasonal occupation, any structure that is habitable has to meet certain heating and cooling requirements. Ann Sanford stated that this shouldn t be habitable. That is the Board s point. Building Inspector Woudsma stated that in the point in time when you approve a pool house it would have to be approved as a seasonal structure. Chairperson Daniel stated that unless the pool was indoors, it is by definition seasonal. Chris DiSunno believes the homeowner s intention is to come out here and sit and watch TV. The Board is shocked that there is a furnace and that this is a year round structure that can be heated and cooled. Building Inspector Woudsma stated that any other studio that you would approve above a garage or something like that, would also have to meet certain requirements. 4

5 Chairperson Daniel stated that a studio has a year round purpose. A pool house, if the pool is not interior, is by definition not a year round purpose. Building Inspector Woudsma stated the Board should make suggestions to the Trustees to amend the Zoning Code so you can define the things you find to be loop holes and change the code to reflect this. Chairperson Daniel stated that a studio would have a kitchen and a bathroom in a separate structure. This thing is one countertop stove short of being a residence. It is a habitable building. That would make it a very different thing from having a studio over a garage that doesn t have any kitchen fixtures. Clay Dilworth stated it seems it will be tough to monitor these things. Ann Sanford stated we shouldn t get ourselves into a situation where the Village will have to monitor. She believes the thought that Building Inspector Woudsma had was good. The AHRB needs to speak with the trustees about this issue. Chairperson Daniel stated we do have a member of the Board of Trustees here. Lisa Duryea Thayer is present. Lisa Duryea Thayer stated that she has taken notes and she will relay this information to the Board of Trustees. Chris DiSunno stated that Brittany Levinson would be willing to meet with the AHRB. Chairperson Daniel stated that it is not this particular building. Don Sachar asked what would happen if the Levinson sold their property next week. That is what the Board is concerned with. Chairperson Daniel stated that a building that is to serve an outdoor pool that is constructed for year round residence is no longer a pool house. It is a play house or something, but it is not a pool house. Chairperson Daniel stated that if Building Inspector Woudsma feels it meets existing code, our comment to the Board would be that we need to clarify the code and for the record we are concerned about the intended use of this building. Don Sachar asked if the AHRB should approve the application before the Trustees have time to review the code or should it be tabled. Ann Sanford stated she would vote for this reluctantly, but the issue for her is the furnace. Don Sachar asked if the chimney serves the furnace. Chris DiSunno stated that it did not. The furnace is a direct vent high efficiency unit. The chimney also houses the exhaust vent for the pool heater, which is not high efficiency. The furnace is just for heat, not hot water. 5

6 Don Sachar asked what would happen if the AHRB did not approve the chimney. What would happen to the vent for the pool heater. Chris DiSunno stated that it would have to come up out of the ground. Don. Sachar asked if that would destroy the homeowner s use of the pool. Chris DiSunno responded no. Don Sachar stated that he is totally against this chimney. Chairperson Daniel stated that it is the furnace that makes it a house, not the chimney. Clay Dilworth stated that depending on the square feet it might be a house anyway if it is under the minimum square footage a house can be. Chairperson Daniel stated the homeowners have everything in this structure, minus the cooking facility, for someone to live in it for a period of time. Chris DiSunno stated that is the problem with pool houses. They are all a whole house. Chairperson Daniel stated that not all are. Most people use them as guest houses, unfortunately. Tom White asked if this was to be a gas fireplace. Chris DiSunno responded that yes it was. Chairperson Daniel asked if there were any additional questions or comments. The following resolution was offered by Clay Dilworth and seconded by Ann Sanford Resolved that the application to construct a fence with gate to enclose the garbage receptables, a driveway gate and an outdoor chimney be approved as proposed. The resolution was thereupon duly adopted upon the following roll call vote: Aye Nay Ana Daniel _ x Ann Sanford x Don Sachar x Clay Dilworth x Tom White x Chairperson Daniel stated she will draft a letter to be presented to the Board of Trustees outlining the AHRBs concerns. 6

7 Ann Sanford stated that perhaps they should be required to have solar heating like Southampton Town. The AHRB felt that was a great idea. Lisa Duryea Thayer stated that a committee is being formed, the Citizens Advisory Committee, who will be sitting for similar things such as this that could potentially change code. Chris DiSunno stated there is a new product out where you put plastic tubing underneath your terrace and run pool water through it. It cools down your terrace and warms the pool water. We couldn t get anyone to warranty it so that is why it wasn t used on this project. Don Sachar stated that the Board of Trustees needs to make sure these pool houses cannot be used as homes. That is not the job of the AHRB. Lisa Duryea Thayer stated she believed that is the job of Code Enforcement. Building Inspector Woudsma stated that if a complaint is raised and you believe there is an illegal apartment, he has every right to knock on the door and ask to inspect it. If the homeowner says no, you can actually come back with a court order to be allowed on the property to inspect. Chris DiSunno stated he will be very clear with the Levinson as to the use of the pool house. Clay Dilworth asked if a letter could be written to the Levinsons. Chairperson Daniel stated it would not be legally binding. Clay Dilworth stated she understood that, but at least we would be ensured the Levinsons were aware. Chairperson Daniel states she thinks it has been made clear especially if it is in the records of the Village and there is a state law against it. Ann Sanford asked what if the AHRB had voted it down. Chairperson Daniel stated that the reason we have a freedom to vote is so that we can make the statement that this is not a unanimous approval and this committee has concerns about pool houses and the AHRB wants to communicate with the Board and they need to review the law and the AHRB is sure Chris DiSunno will communicate to his client that the AHRB has concerns about the use of these buildings. Don Bouchart stated that applicants are going to keep pushing the envelope. How does the Village stop a client from calling it a pool house or calling it a studio. You won t allow a pool house with heat, so we are going to put up a studio which is allowed heat. You have to limit the square footage. 7

8 Clay Dilworth stated there was a time in Southampton when a studio could only be for professional use. Don Bouchart stated that there is still a provision in the code a home office is for a New York State licensed professional with up to Building Inspector Woudsma states that the State went to war with a bathroom in all studios because they are against a bathroom being in a detached structure and eventually he thinks they finally permitted a bathroom to be out near a studio. This is in East Hampton Town. Chairperson Daniel stated you could say you only can have a washroom. IV. DISCUSSION ITEMS 1. Mark and Deb Landis 208 Parsonage Lane Discussion on preservation of existing residence. Don Bouchardt presented the application for Mark & Deb Landis. He explained that the homeowners are trying to preserve part of the original historic house. The front elevation of the house, which is the original portion, will be maintained. The addition from the 1970s will be removed. When you look at it from the street, you will be looking at the same thing. Obviously we are going to have to clean this up as the house is dilapidated. We are restoring it to a point by which it can actually be used for the purpose set forth in this variance, which is the 2-car garage on the 1 st Floor. Chairperson Daniel stated that it also has fish scale shingles that should be restored. Everyone is aware that this house, with the roof that is on here and the detailing that is in here has weathered over the year and it does need to be cleaned up. This front elevation will be maintained in that portion and this is the portion of the house that is coming down. Chairperson Daniel stated that the AHRB is trying to make an historic preservation here. Don Bouchardt stated that if that is the requirements of the board that is something they will Ann Sanford asked when the house was built the early 1900s or 1880s. It looks more like late 19 th Century. Don Bouchardt stated it was the 1800s. Chairperson Daniel stated they should pay attention to restoring the fish scale shingles as well. Don Bouchardt stated that the AHRB is looking to maintain the details of the historic structure. Again this is the side of the house that is coming down. That one story 8

9 element that currently houses the kitchen will come down so the back of the house will be restored to its original form. The back of the house will receive a pair of sliding barn doors to open up into that garage area. Don Sachar stated he was not sure why they need that. Don Bouchardt stated that these two elevations are being maintained ultimately. These two elevations, this one is the one that faces the side yard or the driveway as you would cross onto the path, that is where we are adding the garage doors. This faces the main house, the interior of the property. The clients intended purpose is to park cars in the winter and in the summer it is just going to be left wide open. This way kids can come and go on little bikes. Ann Sanford stated it also adds some interest. Don Sachar asked about windows on the garage doors. Don Bouchardt stated they wanted to add a little bit of light in from this elevation, but on the back of the house it is not necessary. Since they are manually operated we thought we would put in garage doors without glass. Don Sachar stated the reason he asked about this is because these are more visible from the street and these are more obvious to draw attention that this is now a garage. I would like to see it less expressed. I want it to look as unobtrusive as possible. Ann Sanford stated that being so close to the property line, you may not be able to see it. Don Bouchardt stated there is a very big magnolia tree in the corner that hides it. Clay Dilworth stated that if the AHRB requires re-use, it shouldn t be something it isn t. Don Sachar asked if showing it as a garage is OK. Clay Dilworth stated she thought so. Don Sachar asked if it needed any further approvals. He asked if it needed to go before the Zoning Board. Building Inspector Woudsma stated that this is an informal discussion between the applicant and the Board to determine if the AHRB would support this application and give direction so that the applicant can then make a full presentation to the Zoning Board of Appeals. Don Sachar asked why that is. Building Inspector Woudsma stated because the Village does not allow accessory structures within 90 feet of the road front and this structure will be turned into a detached garage which is an accessory structure and will be in the front yard. Don Sachar stated he would be for it. 9

10 Ann Sanford stated the Zoning Board of Appeals should be advised the AHRB will support the idea and that they support the setbacks as it is for historic preservation. Chairperson Daniel stated she feels that if you are asking people to preserve a building because it is in the interest of the Village, that is to say we are asking them usually to invest in restoring a building and in maintaining it in perpetuity that we should be willing to give something back. That is to say we will go half way, allow them the use of that as an accessory building or as a guest house or such. Don Sachar states the AHRB needs to point out to the Zoning Board of Appeals that they have come some way in order to do this and it will enhance the Village. Chairperson Daniel stated that it is a gift to the Village. Ann Sanford asked what the procedure for the letter would be. Building Inspector Woudsma stated the procedure for the letter is to let me just review the files and make sure of the ratio content and the board knows exactly what they are supporting relief from our code from. If it is just the accessory structure Chairperson Daniel stated if it entails a slight increase in the FAR she would also support it. Building Inspector Woudsma asked they let him just double check this. It has been a while since he had looked at the file. Clay Dilworth stated that the Board could say any difficulty this presents to the code we would like it to be excused. Don Bouchardt stated any relief necessary. Chairperson Daniel asked if the code allows for a guest house to have a kitchen. Building Inspector Woudsma stated a guest house would have its own separate kitchen. Chairperson Daniel asked what a building would be called that has bedrooms and a bathroom. Building Inspector Woudsma stated we do not allow separate sleeping areas. In fact the last fellow when he was up in front of you when he presented the second floor studio over the garage, I made them remove all the walls that created separate sleeping areas so it is one large loft. They are going to install a temporary kitchen and they are going to remove the one out of the house. Before they can be approved for the new house with a kitchen, the other one will be extinguished. Basically I make people remove anything that can be construed as a separate sleeping area. Chairperson Daniel stated the Board is asking people to preserve a barn and so they be allowed to add this as a separate sleeping space, not as a guest house. Building Inspector Woudsma stated the applicant is seeking a variance from the rule of no sleeping or cooking in an accessory structure. 10

11 Don Sachar stated this will be a heated studio. Don Bouchardt stated that the AHRB discussed the application for the accessory structure, and next month he is going to have to present the plans for the proposed new house and he wanted to know if the Board had any questions or anything we should address at this time so that when he does come back we are complete on this file. Don Sachar stated he did remember the main house and he remembered the AHRB did have some objections. Building Inspector Woudsma stated that we do have the main house on, but the first thing is we definitely need the ZBA approval and then it will come back on the AHRB agenda for approval at that time. We want to be sure you have the ZBA approval and then the AHRB approval. Don Bouchardt stated he was hoping to get approvals on this and to start construction the beginning of November. If we are hung up a month on this because of the ZBA approval I would like to close out sometime in September with the AHRB if that is possible. Chairperson Daniel stated she would include that in the letter. Building Inspector Woudsma stated that it all depends on the ZBA. He will work on this file Friday morning and give you a call and let you know where it stands. Clay Dilworth asked how many sleeping areas were in the garage. Don Bouchardt stated it is a studio only. It is a two car garage with a space above on the 2 nd Floor. Essentially it is one big open room. Don Sachar asked who will be writing the letter to the ZBA. Chairperson Daniel stated she will take responsibility for getting it done. V. ADJOURMENT A motion to adjourn the meeting was made by Don Sachar and seconded by Ann Sandford and unanimously adopted. Time noted: 4:50 PM PATRICIA ARANCIO-REMKUS Secretary to Board 11