by Andrew Getty
Q: What is a grandfathered structure?
A: A structure that lawfully existed at the time a law, rule or regulation was enacted into law. It had to be there when the law was made.
Q: The structure had to be there when the law was made? My parents tore down the old camp that was right on the water in the 1950’s, can it be replaced now?
A: Sorry, no. The APA was created in 1973 and the Town of Webb Zoning was adopted in 1965. If the structure was removed in 1950, it did not exist when the new regulations were enacted. However, a boathouse, without habitable space, may be able to be built.
Q: What are the most common rules or regulations involved regarding potential grandfathering?
A: The Town of Webb Zoning Ordinance, NYS Building Codes, Adirondack Park Agency (APA).
Q: My boathouse was built in 1971 with a small apartment inside. Is this grandfathered?
A: Yes. But only as it existed at the time the law was enacted.
Q: Ten years ago we made the apartment larger, over the top of the boathouse. Did we create a problem?
A: Yes. That was an expansion of a lawfully existing non-conforming structure.
Q: Why is that a problem when the apartment has already been deemed lawfully existing?
A: It is the expansion of the habitable space that creates the problem. Boathouses are for the storage of boats and related equipment only and shall not have any habitable space, plumbing or heating of any kind.
Q: But we got a permit from the Town to extend the roof over the rest of the building to protect the flat roof of the boathouse ten years ago.
A: Building a new roof over an existing shoreline (boathouse) structure, without adding to or expanding the lawfully existing habitable area may be allowed.
Q: What do you mean, may be allowed?
A: The expansion of any lawfully existing non-conforming building is subject to a Conditional Use Permit by the Town Planning Board and a building permit relevant to the NYS Codes. The APA may require an Agency Permit or Variance.
Q: But if I get one of these, it should be good for the others, right?
A: Only in a perfect world. Each agency has separate jurisdiction, the most restrictive would apply.
Q: This expansion took place over ten years ago; there must be a statue of limitations, right?
A: No, statute of limitations does not apply.
Q: Are you telling me that I may have to un-do what was done ten years ago?
A: Unless a variance can be obtained from all agencies having jurisdiction, yes, you may have to bring the structure into compliance.
Q: I can’t believe this. The Town gave us the permit ten years ago!
A: The Town gave you a permit to build a roof over an existing boathouse. You choose to enclose, insulate, plumb, wire and heat this “new” space without any permits. That is the problem.
Q: Doesn’t ten years mean anything? We spent a lot of money finishing this area! And we pay taxes on this!
A: The rules have not changed too much since 1965. Habitable space in or over a boathouse has been prohibited for over 45 years. You are lucky that this was not discovered before. The assessor’s office is not charged with land use enforcement. Neither would they be expected to know when something is lawfully grandfathered or not.
Q: What should I do?
A: Your options are simple. Bring the building into compliance by removing all expanded habitable spaces done unlawfully.
Q: I have no other option?
A: You have the right to file an application to the Town Zoning Board of Appeals requesting a variance.
Q: Will this take care of the APA problem?
A: No. It is your responsibility to contact the APA regarding their requirements. However, both could be going on at the same time.