East Hampton Town officials say they’ve seen a trend emerging among property owners — they're building down rather than up.
Last week, a committee that looked at the town’s zoning code outlined several recommendations before the town board that could curtail the size of new houses, if adopted. While current code restricts houses to two stories, officials cited examples of elaborate finished basements that essentially add a third floor.
Jeremy Samuelson, the planning director, said the committee’s goal was to align code with the town's comprehensive plan. That 2005 document says “future development should be harmonious with the existing character of the community.”
Samuelson framed the discussion around a single question: “How big is a house?” He said a “loophole” in zoning code allows builders to construct expansive lower levels that essentially make homes into three-story structures.
But the proposals, which would require legislation to become law, are facing pushback from community members who say the changes could be too restrictive and are unnecessary.
A key change the committee proposed would be to add the square footage of a home's finished basement or attached garage to the certificate of occupancy — meaning for the first time, those spaces would be measured as part of the structure's maximum allowable size.
Current code sets the maximum square footage of a house based on lot size. For example, on a half-acre property, the house size maximum is 3,600 square feet.
Another proposed change would reduce the maximum house size on the town's biggest, five-acre lots from 20,000 square feet to 10,000 square feet.
Any changes the town board seeks to implement would require a public hearing before a vote.
Samuelson showed two examples of homes he said were “overbuilt.” One showed a home that appeared to be two stories from the front. But the basement was built downslope, with a ground level exit with access to a pool.
In another example, a home's basement featured two guest rooms, a theater, an entertainment room, three bathrooms, a gym and a spa. Based on the 1.04-acre lot size, the maximum allowable size of that home is 6,130 square feet, which he said became 11,863 square feet with the basement level.
“I don’t know how you put the blinders on and ignore that,” Samuelson said.
David Saskas, president of Saskas Surveying Company in East Hampton, said Samuelson's examples were “definitely outliers.”
Michael Frank, a developer and East Hampton resident, added that finished basements are common in new construction. He said a half-acre property he bought in Amagansett for $3.6 million would be worth a lot less if these restrictions limited the size of new construction.
Frank also said the proposed changes could negatively impact longtime property owners whose homes are their biggest assets.
The committee, as part of its yearlong zoning code study, examined nearly half the 600 building permits the town issued since 2019. The analysis found six permits for homes between 7,501 and 10,000 square feet. But by including finished basements and attached garages, the number jumped to 48.
Philip O’Connell, an East Hampton Village Zoning Board of Appeals member, said he was speaking for himself when he said he didn't support a change.
“You’re punishing those people who in good conscience built a smaller house,” he said.
Councilwoman Cate Rogers was the lone town board member on the committee, which included members of the zoning board of appeals, the town planning and code enforcement departments and the building inspector.
“I ask this question of our community,” Rogers said at the meeting. “Is this development and redevelopment the way we want to see our neighborhoods change?”
Town Supervisor Kathee Burke-Gonzalez said she has concerns about including basement square footage, but is keeping “an open mind” when it comes to committee's recommendations.
East Hampton Town officials say they’ve seen a trend emerging among property owners — they're building down rather than up.
Last week, a committee that looked at the town’s zoning code outlined several recommendations before the town board that could curtail the size of new houses, if adopted. While current code restricts houses to two stories, officials cited examples of elaborate finished basements that essentially add a third floor.
Jeremy Samuelson, the planning director, said the committee’s goal was to align code with the town's comprehensive plan. That 2005 document says “future development should be harmonious with the existing character of the community.”
Samuelson framed the discussion around a single question: “How big is a house?” He said a “loophole” in zoning code allows builders to construct expansive lower levels that essentially make homes into three-story structures.
But the proposals, which would require legislation to become law, are facing pushback from community members who say the changes could be too restrictive and are unnecessary.
A key change the committee proposed would be to add the square footage of a home's finished basement or attached garage to the certificate of occupancy — meaning for the first time, those spaces would be measured as part of the structure's maximum allowable size.
Current code sets the maximum square footage of a house based on lot size. For example, on a half-acre property, the house size maximum is 3,600 square feet.
Another proposed change would reduce the maximum house size on the town's biggest, five-acre lots from 20,000 square feet to 10,000 square feet.
Any changes the town board seeks to implement would require a public hearing before a vote.
How the proposed changes could limit house sizes
The current maximum allowable size of a house in East Hampton Town is 20,000 square feet, but an attached garage and finished basement are not included in that limit. The town sets maximum square footage for homes based on the lot size. Credit: Getty Images
The square footage of a finished basement or attached garage could be included in the overall size of the house. The town board would need to write legislation to alter the code, subject to a public hearing process, before any changes can be implemented. Credit: Getty Images
Samuelson showed two examples of homes he said were “overbuilt.” One showed a home that appeared to be two stories from the front. But the basement was built downslope, with a ground level exit with access to a pool.
In another example, a home's basement featured two guest rooms, a theater, an entertainment room, three bathrooms, a gym and a spa. Based on the 1.04-acre lot size, the maximum allowable size of that home is 6,130 square feet, which he said became 11,863 square feet with the basement level.
“I don’t know how you put the blinders on and ignore that,” Samuelson said.
David Saskas, president of Saskas Surveying Company in East Hampton, said Samuelson's examples were “definitely outliers.”
Michael Frank, a developer and East Hampton resident, added that finished basements are common in new construction. He said a half-acre property he bought in Amagansett for $3.6 million would be worth a lot less if these restrictions limited the size of new construction.
Frank also said the proposed changes could negatively impact longtime property owners whose homes are their biggest assets.
The committee, as part of its yearlong zoning code study, examined nearly half the 600 building permits the town issued since 2019. The analysis found six permits for homes between 7,501 and 10,000 square feet. But by including finished basements and attached garages, the number jumped to 48.
Philip O’Connell, an East Hampton Village Zoning Board of Appeals member, said he was speaking for himself when he said he didn't support a change.
“You’re punishing those people who in good conscience built a smaller house,” he said.
Councilwoman Cate Rogers was the lone town board member on the committee, which included members of the zoning board of appeals, the town planning and code enforcement departments and the building inspector.
“I ask this question of our community,” Rogers said at the meeting. “Is this development and redevelopment the way we want to see our neighborhoods change?”
Town Supervisor Kathee Burke-Gonzalez said she has concerns about including basement square footage, but is keeping “an open mind” when it comes to committee's recommendations.
WHAT TO KNOW
- An East Hampton committee spent a year studying town zoning code.
- The town is contemplating changes that could curtail the size of new homes.
- Any changes would be subject to a public hearing before a town board vote.
Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
Search for gunman who shot trooper ... Removing SALT cap ... Verdict in sex abuse trial ... LI seniors wait-listed for home care
