Errors Blamed On Out-of-Town Contractors, But in the end, homeowners are responsible

Requests for variances and permits purportedly made necessary by builders' errors have been backing up at the East Hampton Town Zoning Board of Appeals like the traffic that clogs Montauk Highway in Southampton each morning. More and more people, it seems, are blaming their contractors for improperly placed pools, accessory buildings, and other infractions of the town code.

Adam Miller, the attorney for the zoning board, said last week that since he came on the job in January, there have been 10 cases - about 10 percent of all the cases the board has ruled on in that period - in which applicants have blamed the misplacement, not only of pools and small structures, but of their very houses, on their contractors.

The board has been hesitant to approve any of the requests, calling the problems that applicants cite "self-created hardships."

Last week, from his office at the law firm Farrell Fritz in Bridgehampton, Mr. Miller said that many people building houses here are seeking cheaper labor, and are therefore signing contracts with out-of-town companies that might not be familiar with the town code. Such cost cutting is, he said, "costing them more" in the end.

Donald Sharkey, the town's chief building inspector, said that "local contractors may have a bit of an edge" when it comes to knowing just what can and cannot be done at a building site, and that most of "the guys out here" do adhere to regulations. Nonetheless, "dubious" construction procedures sometimes come to light.

Often, those seeking to build on the South Fork do not take into account the time and money that might eventually have to be spent on variance requests. When the zoning board denies permits for structures that have already been built, applicants might be required to remove them, and that can be expensive. "People are surprised at how strict the Z.B.A. is out here," Mr. Miller said.

The owners of one house recently claimed that a pool had been placed in the wrong part of the property by the contractor. They asked the zoning board for variances that would allow the pool to remain there. The board said no. "The contractor's name had come up before," Mr. Miller said. Nonetheless, the owners had signed a contract that made them, not the builder, responsible for any errors. The board requested that any illegally situated parts of the pool be removed.

Rachel Kleinberg hired two Port Jefferson contractors who were unaware of local setback regulations to install a pool and a patio at her house in Springs, and violated those regulations in the process. The patio contractor told her that he wasn't even aware that a building permit was required before work could begin. Ms. Kleinberg confessed that she, too had been ignorant of the requirements. The Z.B.A. granted her two variances, of under four feet each, though one board member voted against her request.

"Contractors have to be more responsible," Mr. Miller said. The owners can sue them in civil court, as well as bring action with the East Hampton Town Home Improvement Contractors Licensing Review Board, he pointed out.

Jon Tarbet, who served as the Z.B.A.'s attorney before Mr. Miller, said that out-of-town contractors aren't always to blame. "Locals don't always know the code either," he said. He added that people buying houses as investments or second residences "may have never spent any time here, and have no core knowledge."

Mr. Tarbet recalled an application last year for height and pyramid variances filed after the house was built, in part by an East Hampton builder. The board denied the application and asked that the gabled ends of the roof be cut off. That case is still pending, he said.

Both Mr. Miller and Mr. Tarbet agree that contractors should be held more liable.

Next Thursday, the East Hampton Town Board will discuss changing the code to allow the licensing review board to levy steeper fines. A requirement of 10 hours per year of continued education in any building-related field could also be included.

As it stands, the code requires that all home improvement contractors licensed in East Hampton must agree to abide by all local zoning ordinances. Ignorance of the code is grounds for the denying a license or its renewal.

Yet, contractors who build houses from the ground up need no license and no insurance. The board is considering a change to the code that would require that any contractor working on a job costing more than $500 obtain a license.

Ms. Kleinberg suggested that the Building Department should provide "easy-to-read lists that tell homeowners the dos and don'ts of construction." That information, she said, along with code education for contractors, could prevent mistakes and tighten the loophole that allows owners who flaunt regulations to blame their contractors.

John Hatgistavrou, owner of Ionian Development in Wainscott, said that since he has a crew of up to 60 people on a job, someone on the site is always familiar with local regulations. He recommended that owners hire local contractors. If they hire out-of-town builders, he recommended consulting a local surveyor or attorney.

Those prepared to spend a large amount of money on a construction project should hire the most qualified people at the beginning of the project, not after it's finished, he said. "If you buy cheap, you buy twice," he said.

Since January, the East Hampton Town Building Department has issued 1,062 building permits, of which 140 were for new houses and 189 for swimming pools. About $125 million has been spent on additions and new construction from January through July.

Because the Building Department makes as many as 280 inspections a month, mistakes are bound to be found. But one deinal after another has made it clear that the zoning board plans to hold everyone to the code, even if the owners bought their property sight unseen.