Talkin’ Code with Andrew Getty

Spring building season set to return, permit activity already picking up

‘Spring’ break

The calendar says it’s springtime. The constant screaming of snowmobiles still on the street indicates otherwise.

As the winter season is supposed to be clearing away to make room for hopefully warmer weather, contractors, professional designers and customers alike are starting to come out of hibernation.

From Thanksgiving time, up to and usually including the April break, the code office receives a modest number of new applications.

If history repeats itself, that will change by mid-April.

Phone calls have already increased, which is indicative of what’s coming soon.

This trend is not so different in any other town; however this area is probably unique in that winter arrives earlier and leaves later than most places and over 85 percent of the properties in the Town of Webb are owned by out-of-town seasonal homeowners.

Many people begin returning to their seasonal home in April and May, as the weather allows and the frost leaves the roads.

It’s not until then many people decide on that project, big, small or in between, and start calling their favorite contractor to make arrangements. 

Because we have a shorter construction season than most areas, and there is a limited number of contractors who can respond immediately [most are booked with projects already left over from last year], people often get annoyed with time required for the permitting process.

Certainly the magnitude of the project will have a direct impact on the length of time it takes to work through the permit process.

Every now and then even the smaller projects may have a process to get approved.

Recently, a new homeowner applied for a permit to replace an old dock.

He assumed, understandably, that getting a permit would only take a few minutes. Go in, sign the application, pay the fee and walk out with a permit.

Besides, all he wanted was one of those “roll-in” and “roll-out” aluminum units.

Only problem was the existing dock was only 11 feet off the side property line. Almost everywhere 25 feet is required.

Even though the existing dock is closer than 25 feet, and although it has been there for many years, if the new dock can’t be installed at 25 or more feet from the side property line, some sort of board action is required.

A typical response might be; “my neighbor told me my dock is grandfathered!”

Well yes, it most likely is lawfully pre-existing, and maybe the board will approve your request to replace in the same location. You have the right to maintain it and use it basically forever.

However, if you are going to replace it and there is no rational reason the new one can’t be put in a compliant location, your request may not be approved.

This process takes some time… usually about a month, depending on the timing of the receipt of the application.

And as summer gets closer, this month becomes a very critical amount of time.

The town’s local law and zoning ordinance does protect and acknowledge lawfully existing, non-conforming structures of any kind, including docks.

Everyone calls it grandfathering.

But at the same time, the zoning ordinance was written to encourage compliance as structures get replaced.

Sometimes the applicant may not have any alternatives, sometimes they do.

No matter what kind of project is being considered, the sooner you plan it with your contractor, the sooner you find out what the regulatory requirements are, the sooner you call your surveyor or design professional, the better off you will be.

The code office does spend a fair amount of time meeting with homeowners or their representatives helping them to create a plan of action that works as smooth as possible.

Don’t always believe your well-meaning neighbor or contractor. Call the code office.

That homeowner with the dock replacement… he could not believe that a “roll-in” type dock needed a permit.

He assumed that because it was “temporary”, no permit was required.

A dock is a dock, no matter if it rolls, floats, sits on legs with pads, cribbing, pilings… if the structure is there and is used as a dock, it’s a dock.

What is temporary, anyway?  Knowledge and understanding promotes a well planned project.

Share Button