The East Hampton Town Board has held an initial discussion about potentially amending the town 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 zoning board of appeals.
The discussion, on Tuesday, came in the wake of three winter storms that have despoiled beaches and dunes and flooded residential areas, including at Ditch Plain in Montauk and downtown Montauk.
FEMA flood zones are areas defined by varying levels of flood risk: low, moderate, and high risk. All of the town’s coastline is designated a “VE flood zone,” meaning there is a 1-percent chance each year that it will flood and that it is also subject to additional hazards due to what FEMA calls “storm-induced velocity wave action.” Other low-lying areas are “AE flood zones,” defined as areas that present a 1-percent annual chance of flooding and a 26-percent chance over the life of a 30-year mortgage. Both are also known as Special Flood Hazard Areas, with generally very high risk.
The potential revision to the town zoning code would create an exception to the “pyramid law,” which applies to all structures on any lot in any district, with the exception of a central business district. The pyramid law stipulates that structures “must be set back from all property lines so that the height of any point of the building or structure is not greater than the horizontal distance of the point from an imaginary vertical line drawn upwards from the nearest property line to the building at that location.”
There are already a few exceptions to the pyramid law, for some specialized structures, including church spires and transmission towers. Tuesday’s discussion, which included Jameson McWilliams, an assistant town attorney, considered the addition of another: It would stipulate that the pyramid law and height limitations — 25 feet, unless the structure has a gabled roof — would not apply to existing structures in AE or VE flood zones that are elevated to conform with current state and federal flooding regulations.
This exemption, Ms. McWilliams told the board, would allow a house to be raised beyond the limitations set by the pyramid law and height limitations, for protection from future weather events, without having to seek a variance from the Z.B.A.
The discussion was preliminary and the board appeared wary of setting precedent while simultaneously mindful of residents’ desire to protect their at-risk property. The town is already experiencing the impacts of climate change, Councilwoman Cate Rogers said, from the southern pine beetle infestation that has killed thousands of trees to recent storm surge events. “All of those decisions will come after we go through the process” with consultants, the Planning Department, and the Natural Resources Department, she said, “and come up with a comprehensive plan for our coastal zones.”
