by Andrew Getty
Not sure if that’s even a word… ‘key-holing’… but it sure is thrown around. Generally the concept is providing a narrow, non-conforming parcel of land to gain access to a lake for a number of property owners that do not have any waterfront.
Key-holing is prohibited unless it is part of an overall approved Planned Development (PD).
To have a PD site that involves a number of non-shoreline parcels, three acres is the minimum required area.
The Town of Webb Zoning Ordinance pretty clearly spells out the regulatory process involving a PD plan.
There are several PD locations around the lakes. The most recently approved PD are the little houses going in behind the theater right in Old Forge.
Speaking of this project, this office has received a number of questions about the progress of the project.
Questions like: They are so close to each other, what about sideline setbacks? The road is going right down in between the houses, is this a flood area? Are the buildings too close to the river?…
Rest assured, the project is progressing according to the approved plan.
Do not jump to conclusions, wait for site work to begin as weather allows.
The roads go around the outside of the buildings.
The ‘rear’ of the buildings face each other, this common area will ultimately be landscaped, green space with walkways.
The site elevation where the buildings are is above the recognized base flood elevation, based on the 100-year flood plain.
All structures and site work are well away from the river setback requirement and out-side any jurisdictional wetlands.
Although the local requirements have been met, the zoning map change to PD approved by the Town Board, site plan and details approved by the Planning Board, and a slight density change approved by the Zoning Board of Appeals as a variance.
All of these required duly noticed public hearings.
Some of the other agencies involved are NYS DEC, DOH, DOT, APA, Herkimer County, Planning Agency, NYS Attorney General’s Office… surely, there are other agencies as well.
The regulatory process is admittedly a little overwhelming.
Hopefully the local process with the Town of Webb wasn’t the worst part of the process, but it is a key part.
This project has access to the river, that only the residents, as owners of their respective homes, have the privilege to use.
This area is in common ownership to the ‘home owners association’, not to the town or the public.
Certainly there are a number of places around the town that have a narrow strip of land going down to the lake, between other properties, that benefits properties without direct water front.
If that access was created before 1965 (first town zoning) then it is a lawful, non-conforming parcel… Grandfathered.
However since 1965, the creation of a non-conforming parcel for the purpose of providing access to the lake to properties without water front is prohibited.
This can be found in section 480-31 of the local ordinance.
Now you ask where can I find Section 480-31???
Soon, if not already, the local zoning ordinance will be on-line through general code.
Google General Code, click your way to municipal local laws or ordinances, look for the Town of Webb. As soon as a web address has been confirmed, it will be part of this article.
Knowledge is understanding.