By Kathryn G. Menu; Photography by Gavin Menu
You might call it a stay of artistic execution.
This week, Sag Harbor village attorney Fred W. Thiele, Jr. said the Village of Sag Harbor would not cite Janet Lehr and Ruth Vered for keeping the Larry Rivers’ “Legs,” planted in a thin strip of property next to their Madison Street home until a court decides the sculpture’s fate.
In June, Lehr and Vered filed an article 78 lawsuit against the Village of Sag Harbor’s Zoning Board of Appeals (ZBA) contesting that board’s April decision to not grant Lehr and Vered variances, relief needed to legalize the 16-foot sculpture, which was erected next to their home in 2008.
It was in 2008 that village officials ruled Lehr and Vered needed a building permit to display “Legs” alongside their home, the former Bethel Baptist Church on Madison Street in the historic district of Sag Harbor. For almost two years the “Legs” went unnoticed. Then a member of the village’s historic preservation and architectural review board (ARB) pursued the matter after Vered applied to that board for a certificate of occupancy to repaint the historic residence.
According to Sag Harbor Village Building Inspector Tim Platt, the “Legs” are viewed as a “structure” under the village code. There is no provision exempting art from village law and as a structure Lehr and Vered needed four variances, including one that would allow an accessory structure one foot from the property line where 35 feet is required.
The ZBA refused to entertain any arguments that the “Legs” should be exempt from the code as it is art, noting it did not believe art should be legislated. Their decision also noted allowing a structure a foot from the property line was not a precedent they wished to set and that neighbors “vehemently” opposed the application.
The decision also states the location of the proposed structure in the historic district is “contrary to the goals of the village to preserve and protect historic character” and that Lehr and Vered have other alternatives in how they display the sculpture.
The board did agree to allow Lehr and Vered to keep the “Legs” through the summer, until September 15. However, it stipulated Lehr and Vered must remove nighttime lighting as it was one of the issues neighbors have with the sculpture.
In June, Lehr and Vered sued the ZBA, calling their decision unreasonable and one made without taking into account the full record amassed during a two-year battle in front of the village boards.
Because the case is ongoing, said Thiele in an interview this week, the village will not pursue requiring Lehr and Vered meet that September 15 deadline to remove the “Legs.” However, Thiele said the women, who own and manage Vered Modern and Contemporary Art, have ceased lighting the sculpture.
“I think where we are is that they will be allowed to remain, pending the outcome of the litigation,” said Thiele noting the practice is fairly common.
Thiele said currently the Village of Sag Harbor is working on a legal brief for the court and hoped between now and the end of the year a judge in the New York Supreme Court will have ruled on the case.
Thiele added that in an article 78 lawsuit, the court only considers whether or not there was a rational basis for a determination by examining the court record.
If either side is unhappy with the court’s decision, said Thiele, they will have the opportunity to appeal that decision in the appellate court system.”