Town Board Abandons Ban On Basement Bedrooms

East Hampton Town Board members stepped back Tuesday from an effort to reaffirm a town ban on bedrooms in basements, which has been on the books but not recently enforced, with one official calling it a “knee-jerk reaction” to a recent uproar over the construction of two eight-bedroom houses on half-acre lots in Springs.

The houses were apparently slated for use as dormitories for Ross School boarding students.

The New York State building code allows basement bedrooms, but East Hampton had chosen decades ago to enact a more restrictive standard. When questions arose several years ago about the legality of that ban, building inspectors began issuing permits for house plans that included bedrooms in basements.

Board members had heard recently, and again at their work session this week, from numerous citizens both for and against the basement bedroom ban.

According to advocates, the prohibition is needed to prevent illegal overcrowding, unsafe living conditions, and increased density in residential areas zoned for single-family houses. But those who urged the board to adhere to the state code instead of the local ban said the use of basement space is efficient, helps avoid the need for houses with larger floor plans, and is key for families that cannot afford larger houses or expansions, and to augment limited affordable housing options.

The discussion “raises a lot more questions than it does answers,” Town Councilman Peter Van Scoyoc said on Tuesday. “There are a number of different approaches that can be taken.” He suggested a review of details of the building and zoning codes and possible revisions, such as tying the number of bedrooms allowed to the property size, or changing the way that habitable space is defined. “I don’t think we solve the problem of illegal building simply by having a prohibition or further restriction on basement bedrooms,” he said.

Councilwoman Sylvia Overby agreed. “I understand the energy efficiency component in going down, versus up,” she said. “That’s very appealing as we move forward and try to be more sustainable in the Town of East Hampton.”

“As a 50-year firefighter,” Councilman Fred Overton said, “one of my biggest concerns was responding to an emergency and finding someone trapped.” But, he said, “I don’t think this is going to stop illegal bedrooms in the basement.”

He said he would feel more comfortable if basement bedrooms are installed following the town and state codes so that safety standards would be upheld.

In light of comments made by several speakers, he said he was additionally concerned about preventing expanding families from using needed space in their residences, and the loss of a housing option for young people or others in need of scarce affordable housing.

“Who does it hurt if you can’t? The working folks,” said Councilwoman Kathee Burke-Gonzalez. She had been interested “to learn that it’s 30 percent cheaper to go down,” she said, referring to the cost differential builders had described between constructing an addition or using basement space.

“To outlaw bedrooms in the basement does not solve the density issue,” said Don Matheson on Tuesday. What it would do, said Mr. Matheson, who built and lives in a net-zero energy-efficient house, which relies partly on the use of underground space for insulation that obviates the need for heating and cooling, would make it more difficult to build in the way he has. “I sympathize with the objective,” he said, “but I don’t believe that the law accomplishes anything beyond outlawing an energy-efficient and cost-efficient way of building a house.”

“There are incredible problems with bedrooms in basements in this town,” acknowledged Larry Kane, another builder. But, he said, “don’t hurt the people who are doing it legally, just because we have no control over those who are doing it illegally.”

As the present discussion grew from a call to prevent overly large houses with multiple bedrooms such as the two on Manor Lane that had generated complaints, Michael Forst, also a builder, suggested that better enforcement of existing codes should be the focus. “Because someone was trying to break the laws that we have, I don’t think everyone should get punished for that,” he said.

The ability to house unrelated students in a group at a single-family house is based on a decision several years ago by the building inspector that such a group can be construed as a family.

“It’s going to hurt the people who can afford it the least,” John Woudsma said of a bedroom basement ban. Mr. Woudsma, the building inspector for the Village of Sagaponack, asked the board for an opportunity to work with town officials and staff to “come up with a more sensible way” to address the problems at hand without an outright basement bedroom ban. “I really believe this law hurts the local people who can’t afford other expansions,” he said.

David Buda, a Springs resident who has advocated for the ban and spoken often to the board about the problem of housing violations, referred to earlier comments at the meeting about restaurant and bar owners in Montauk who flout the town code. Those looking to maximize the use of private houses, he said, are “the same people, the same ‘greed-is-good’ mentality.”

“We’re broadening the discussion, I think appropriately,” said Supervisor Larry Cantwell. “Overcrowding is the problem.” The gross floor area allowed by the town at present on lots of various sizes is “out of balance,” he said. “When we are confronted with eight bedrooms, or more, on a relatively small lot, it raises our antenna,” he said.

“I think it is something that we need to get our hands on, on a townwide basis. It is more, certainly, than whether a basement can be utilized for a bedroom. There may be a way to get a handle on the larger problem without an outright ban.”

Ms. Overby and Mr. Van Scoyoc agreed to oversee an effort by the staff of pertinent town departments to look into the various issues.