Question: When does a proposed 10,500-square-foot house with a rooftop kitchen and pool, to be built atop rare and pristine duneland, get the unanimous approval of the East Hampton Town Zoning Board of Appeals? Answer: On July 16.
The land to be developed, eight sandy acres, lies along the Napeague stretch, just east of the Ocean Colony Beach Resort and across from the Clam Bar. Four building lots were created there in a 1982 subdivision, but the property has been vacant in the four decades since.
“We do not know if the town C.P.F., county, or state ever considered acquiring this swath for conservation, but we know definitely, no one did,” Jaine Mehring told her fellow Z.B.A. members. “Therefore, this is a legally developable set of lots, and not something the board can change. I say that because I know the public, or as you call them, Mr. Chairman, ‘our fans,’ sometimes look at this type of land and then say, ‘Oh no!’ “
The land in question was finally purchased in July 2021 by a single buyer, Steven Berkson. According to a report in Behind the Hedges at the time, Mr. Berkson, an oil and gas futures trader, bought the property, which had a $50 million asking price, in cash.
The house he proposes to build, about 137 feet away the dune crest where 150 is required, needed a natural resources special permit from the zoning board, as well as a variance for a driveway gate, to be installed only 42 feet from wetlands; town code specifies 100 feet.
The application proposed merging three of the four building lots. The fourth will accommodate a portion of the driveway that otherwise would have encroached upon wetlands. In addition, a very detailed construction “protocol,” which lays out what will happen when, was provided to board members. Included in it are promises that no construction will occur during the months when piping plovers are nesting nearby, from April through August, and that native soils will be retained on site.
“The applicant is offering a significant environmental improvement to this site,” said Denise Savarese, vice chairwoman of the Z.B.A. “You’re merging three lots, eliminating three houses, three septics, and three driveways.”
Brian Frank, the town’s chief environmental analyst, had warned the board during a public hearing last month that invasive species can accidentally be imported to construction sites when outside soil is used. But Richard Whalen, an attorney representing Mr. Berkson, replied ex that the house plans, designed by West Chin Architects, included “a lot of cantilevering,” which would ultimately protect the soil. A rectangular first story will support four second-story “volumes,” he said, that will be underpinned by steel cantilevers off the main structure. Only one of the “volumes” that overhang the bulk of the structure will require support from the ground.
Where the first-story roof is not impacted by the second-story “volumes,” a huge rooftop swimming pool and terrace will fill the space. The board commented favorably that including such a large pool and decking right on the house prevents further sprawl through the dunes.
“The idea is to leave the area under the cantilevers natural. Hopefully it won’t be disturbed,” said Mr. Whalen. “They should be able to do that work without touching the ground.”
Ms. Mehring commented that while two attached garages, not counted by the code under the gross-floor-area calculation, would add to the house’s mass, it still shouldn’t be visible either from the beach or the highway, reducing neighborhood impact. Additionally, because of the cantilevering, a “meaningful amount” of the house — about 90 percent — would not necessitate clearing.
Several board members also mentioned that Mr. Frank had described the revegetation plan, developed by James C. Grimes Land Design, as “excellent.” Further, every structure on the property will be built landward of the coastal hazard erosion zone.
Comparing the project to nearby development, “on an acre-for-acre basis, this project is less intense and more compact than what we’ve seen on the others,” said Ms. Mehring.
If Ms. Mehring had any concern, it was about the many windows, and how they might impact the night sky. Responding to that, Ray Dalene, the zoning board’s chairman, noted that any outdoor lights would need to be dark-sky compliant.
“One part of me is sad to approve this, because of the spectacular beauty of these dunes and this property,” Mr. Dalene said. “On the other hand, I’m happy to approve a smart design that is very well thought out.”
