HomeMy WebLinkAboutPoyer, L 7.2025
Michaelis, Jessica
From:Lisa Poyer <lisa@twinforkspermits.com>
Sent:Thursday, July 17, 2025 6:23 PM
To:Lanza, Heather
Subject:Zoning Code
Heather,
Thank you for the invite for the Zoning Code discussion. I feel that it was helpful to provide feedback to the Town
and to hear comments from other attorney’s who are finding the same conflicts with the Code.
As per your request, just a few follow up comments:
I made this comment at the discussion, about accessory structures not being allowed to take up more
footprint than the principal. Section 280-41 D (1) Accessory structures shall not occupy more surface
area of a given lot than the associated permitted principal use.
That creates difficulties if a property owner wants to construct a tennis court, barn, etc which happens to be
larger than the footprint of the residence.
The same section number (2) states “shall be subordinate in purpose to the principal building or
permitted use.
That statement is random and can be applied arbitrarily. Is the building department the place that will make
that determination. It the determination based upon size of the accessory structure in relation to the principal,
via a percentage, sq. Ft., or is it a perceived subordinate use. The Town of Southampton has something similar
and is random. The Town BD and ZBA have taken two different looks at it as a percentage of the accessory area
to the principal area. But the BD uses 25% while the ZBA uses 35%. There is often times conflict between the
two and it creates to many questions from the applicants side. This should be more concrete with a specific
area or %, or guidelines for how someone determines if its subordinate.
Are accessory structures allowed on a vacant lot without a principal dwelling? The Town of
Southampton allows this as long as an adjacent property is held in common ownership of the vacant lot
where the accessory structure is to be located. Example, main house and pool on a property and
adjacent vacant lot may contain the tennis court. The owner has to prove through deeds or LLC
paperwork that a common owner is held between the two lots, via same name or marriage.
Lot coverage including ALL structures and surfaces should be removed or adjusted. The NYSDEC
doesn’t even count pervious driveways, walkway, etc surfaces as coverage.
Is net area of a lot defined, and if so is it used consistently through out the code for GFA, coverage, etc
calculations.
How is the building height measured? There is no clear definition of how to measure a building height. Is
it from the side adjacent to the structure on all sides? Only on the street side. Is it measured from the
street elevation? And applied to all sides of the structure. There needs to be more clarity.
Allow more retail uses in all commercial zones as either stand alone or accessory to the other use.
Pool equipment, generators, A/C equipment setbacks? Are they different from principal and accessory
setbacks.
Continuing of pre-existing and non-conforming setbacks for a conforming use.
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For an ADU, for determining the GFA in comparison to the principal structure, are finished basements
allowed to be include in the principal structure.
Pyramid heights should be measured from Base flood elevation + 2’ freeboard for residences and
structures which are located within a flood zone.
Those are the comments that I have to date. As I continue to go through the code I will prepare additional
emails. I wanted to get this to you before the deadline.
Please let me know if you have additional questions about the comments or would like further clarification on
the points.
Thanks again for including me!
Lisa
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