Sag Harbor Village Settles Jermain Avenue Suit Against ARB

136 Jermain Avenue Sag Harbor
136 Jermain Avenue in Sag Harbor.
136 Jermain Avenue Sag Harbor
136 Jermain Avenue in Sag Harbor.

Sag Harbor homeowner Julian Ellison has reached a settlement with the village’s Board of Historic Preservation and Architectural Review after claiming the board refused to “thoughtfully consider” his efforts to expand his Jermain Avenue house.

In an executive session on January 12, the ARB approved Mr. Ellison’s September 2016 application in anticipation of the so-ordered stipulation that New York State Supreme Court Justice W. Gerard Asher later signed, with the settlement as the outcome.

In his application, Mr. Ellison sought to expand his home at 136 Jermain Avenue from 2,195 square feet to 2,720 square feet by adding a new east wing, west wing and rear addition. His plans included retaining the original 1854 house and demolishing a non-historic addition.

The ARB had denied that application, as well as a separate one filed last April, which led Mr. Ellison to file a lawsuit in November.

“It is unfortunate that a suit was necessary to achieve this result, and I hope in the future the ARB will be more mindful of New York State law and the village code,” Mr. Ellison’s attorney, Alex Kriegsman, said in a statement on January 24.

ARB chairman Anthony Brandt said on January 26 that the board is “not terribly happy with the outcome, but it seemed to make sense under the circumstances.”

The lawsuit also sought a judgment declaring that the gross floor area law, which caps house sizes based on their lot sizes, be found “invalid, null and void” because Mr. Kriegsman believes it was “illegally” derived. Judge Asher did not issue any orders or judgments related to this claim.