At long last, Harry Macklowe has received variance approval from the East Hampton Village Zoning Board of Appeals for illegal improvements made to his Georgica Pond-fronting property years ago.
The case goes back to 2019, when the Z.B.A. first denied the billionaire developer retroactive approval for the changes, including adding unsanctioned structures and violating laws governing both clearing and wetlands.
He will now be allowed to remove “improvements” made without benefit of permits and to revegetate cleared wetlands. Mr. Macklowe purchased the house in 2017 for $10.35 million, and shortly after received approval to remove invasive phragmites from the pond front. While the phragmites were removed, he never revegetated.
His 2.71-acre parcel sits on a tiny peninsula that pushes into the entrance of Georgica Cove and has almost 1,000 feet of pond shore. The front page of its Zillow listing shows the 5,500-square-foot white building incongruously plopped into wetlands with the sun rising over the Atlantic Ocean behind. Other photos show the imposition of a straight-line “sodscape” along the natural shoreline.
The house has been on the market since January, and Mr. Macklowe is reportedly eager to sell, at an asking price of $32.5 million. As long as the violations existed, however, a certificate of occupancy could not be issued, leaving a prospective buyer unable to move in.
As part of the recent determination, Mr. Macklowe, who was represented by Ackerman, Pachman, Brown, Goldstein & Margolin, will have to remove many of his additions to the western side of his house. On the eastern side, while not in the determination, plans show that added fill and a patio expansion will also be removed, and the house will look much as it did before he bought it.
“I applaud our Z.B.A. for holding residents accountable,” said Mayor Jerry Larsen. “No one is above the law.”
The zoning board gave Mr. Macklowe 120 days to correct the violations, after which he is to provide the village with a new survey. After the building inspector is satisfied that he has followed the board’s conditions, he will receive a certificate of occupancy and be able to sell the property.
At a hearing in June, it took over three minutes to read the list of variances the homeowner was requesting. The Z.B.A. put his transgressions into four categories: nonconforming improvements made without permits, maintenance of existing nonconforming improvements, revegetation of previously cleared areas, and area variances and wetlands permits for proposed improvements.
Much has now been approved by the board; however, it did deny a few nonconforming additions. For example, the expansion of the western patio and a sculpture added to it cannot remain. While a 150-foot retaining wall can stay, even though it is only about 34 feet from wetlands, the lighting on it cannot. An irrigation system will also have to be removed.
Mystery drainage pipes that spill directly into the pond, which apparently carry runoff from the roof and were built before Mr. Macklowe’s tenure at the property, must be removed as well.
The applicant will also have to pay a fine, reportedly in the tens of thousands of dollars, to the State Department of Environmental Conservation, and to East Hampton Village, where the amount will be determined by a local judge.
In June, Billy Hajek, the village planner, floated the idea of a performance bond to ensure that the work is completed, but the Z.B.A. did not require that. As of Monday, 10 days after the determination was filed with the village clerk’s office, no work had begun, and Joe Palermo, the chief building inspector for the village, confirmed that Mr. Macklowe had yet to apply for a permit to begin it.
“The Z.B.A. resolved this matter on the merits and demonstrated that it will not be bullied or distracted by bluster,” said Joe Rose, a Z.B.A. member, in a text. “The East Hampton Village attorneys did an excellent job of defending the judicious deliberations of its boards and upholding the right of East Hampton Village to enforce its regulations. The approved determination requires the removal of inappropriate and illegal structures and the restoration of native planting in environmentally sensitive and scenically important areas.”
“The action sends a clear message that the arrogant attitude that ‘it’s better to ask forgiveness than permission’ will not be tolerated,” he added.
James Grimes Land Design has been hired to revegetate the cleared areas. Mr. Grimes declined to comment.
