By:Monte Leeper
Q. I live in Syosett and get your column through my sister in Rockville
Centre. I wish more people could read your advice, since it has helped me
with my new home immensely. Now I have a problem that maybe you can advise
me about. We got an architect and filed for plans with the Town of Oyster Bay.
They gave us a permit in only two weeks, which we were not expecting. Our
contractor has been great about meeting with our architect and things seem to
be going smoothly. But the first time the inspector came down, he scribbled
out a letter that our foundation did not pass because he didn't see the wall
thickness for the new basement on our approved plans and wants a letter from
the architect before he will let the job continue. He wrote his name so no
one can read it and we have tried for days to reach his department for a new
inspection, now that the architect has written a letter, signed and sealed,
accepting that the foundation is proper and within the code guidelines. The
contractor and the architect have both said the foundation wall is fine, but
the inspector cannot even be reached to come back so that we can continue the
construction. What should I do?
A. Oyster Bay has one secretary for nine phone lines and no voicemail or answering machine for each area inspector. So when you call after 9 a.m., the phone will ring and ring. You have little chance of reaching them by telephone for immediate communication. They are busy because of the amount of construction permits being granted, which is way up because of the strong economy. Oyster Bay's inspectors write their comments in the field or mail them from their office, hand-written on official forms, but, it appears, purposely so that they cannot be understood. Although they ask for you to contact them, even by mail, you cannot read the name of the person who inspected, so that you do not know whom to contact. Most departments are very good at writing clear letters and typing out the name of the person, but Oyster Bay is not one of them. Why this happens is that the less they approve and the more they get letters from the architect, the less liability their town has. They pass on the responsibility entirely to the architect. By doing this, they have fewer lawsuits and less need to act on your behalf. Unfortunately, they create more expense for you because of the added time for the architect to inspect the work, put together communications to the Town of Oyster Bay, and to
follow up with your contractor. Worst of all, they send letters to the
homeowner, sounding very official, that panic and antagonize them by not
including any guidance about how to rectify their objection. Using code
numbers only confuses, and sadly, I have experienced situations where the
owner panics and begins a flurry of disparaging remarks at the team of people
building the project, when a simple clarification could have solved the whole
matter.
As for what to do, I would respond with a letter to the sender,
asking for the name of the person who wrote the unreadable objection, and
also respond to the objection in the best possible manner. Your architect
has jurisdiction over the inspector, as evidenced by their request for
letters, so you may need to pay for and ask the architect to take more of an
inspection role and write the letters at each interval, since the Town of
Oyster Bay is shirking its responsibility. It is unfortunate that they
actually encourage illegal construction by their lack of response to
contractors, architects and, especially, to you, the homeowner.
Thankfully, not every department is like that.
