Last week, The Star reported on discussions among East Hampton Town Board members about possibly amending the zoning code to allow existing residences in flood zones, as designated by the Federal Emergency Management Agency, to be raised without their owners having to apply for a variance from the so-called pyramid law, the mechanism that controls the height of structures throughout town. This discussion, which happened earlier this month, was only preliminary, but it rang so many alarm bells that we felt the need to speak out right away.
All eyes have been turned toward the shoreline this winter, as beaches and dunes take a beating from a series of storms, with unusual weather patterns roaring in off the ocean. We are all legitimately concerned about erosion: The entirety of East Hampton’s coastline, as well as other low-lying areas, are in FEMA-designated flood zones. The blanket pyramid law exemption for flood zones being discussed now would, ostensibly, be a bulwark for these vulnerable properties, allowing them to raise their skirts without a stop-off at the zoning board for a variance.
But just think how different our coastline would look if there were a sudden, no-holds-barred green light for raising waterfront houses. De facto, most would become three stories once lifted (and three-story homes are not currently legal). What novel ways might developers find to make use of this fabulous opportunity? What might some homeowners do with the supposedly “non-habitable,” wink wink, ground-floor areas? While we certainly have sympathy for friends and neighbors who need to protect their properties from hazard, we strongly believe that they should still be required to go through the zoning board review process. Decisions should continue to be made with a high degree of scrutiny.
The fact that East Hampton has managed to successfully protect its waterfront vistas and keep multistory buildings out of the dunes, despite decades of incredibly intense development pressure, is nothing short of a miracle. The process has for the most part worked. We shouldn’t change it now, even with the rising tides of climate change.