Underground Loophole In the Village Code

In an interesting development, the Village of East Hampton’s code enforcement officer and fire inspector has suggested taking a hard look at basements. The issue Ken Collum identified and asked the village board to consider regulating is that a growing number of property owners are including vast underground warrens in building or reconstructing houses. They can do so because the village code does not require basement square-footage to be calculated in the size of a house. The loophole is resulting in bedrooms and other amenities beyond what would be allowed if they were aboveground.

Why this matters may not be immediately obvious, but it is. Land is finite here, as is the ability to handle growth. Infrastructure needs increase with every additional person that is shoehorned onto the South Fork. This includes water use, electricity, waste flow, and the traffic generated by the service personnel needed to keep it all tidy and in working order. And the impacts can extend far beyond the village boundaries. Think for a moment of the slow-moving “trade parade” of vehicles, which is now year round. Though some in real estate and those looking to profit from “flipping” ever-larger houses may disagree, limits are in everyone’s best interest over the long term.

Knowing Mr. Collum as we have for quite a few years, we can say with confidence that if he says something is a problem, it really is a problem. During a village board meeting on Feb. 5, he described residential rebuilding projects being taken to legal limits in terms of floor area and basements that defy the traditional understanding of the word, including some that extend out under lawns and driveways.

The village board plans to appoint an informal group to study the big-basement trend and perhaps write new rules to confront it. Central to the undertaking will be an honest look at just how many people and how much traffic the village can reasonably accommodate. The battle for preserving East Hampton Village may now be moving underground.