Legal uncertainty
To the Editor:
In his letter to the editor of December 10, Mr. Paul Shepherdargues this [Zagoreos causeway property] case is about “the law. Infact, Shelter Island code is not at all clear on the legal issuesat hand.
Nonconforming buildings: Section 133-23-A allows alteration orexpansion provided “such action does not create any newnonconformity or increase the degree or extent of nonconformitywith regard to the bulk or use regulations of the zoning districtin which it is located.
Section 133″23-B provides for restoration of non-conformingbuildings. “A legal nonconforming building ¦ damagedto the extent of less than a majority of the building may berebuilt, provided that the application for same is filed within twoyears of the damage so long as such action does not create any newnonconformity or increase the degree or extent of nonconformitywith regard to the bulk or use regulations of the zoning districtin which it is located. If any such damage involves more than amajority of the building, any restoration shall require approval ofthe Zoning Board of Appeals.
Coastal Barrier District: Section 133-11 states:”Notwithstanding the foregoing district regulations, whenever anUndeveloped Coastal Barrier District exists within a zoningdistrict, no structure shall be erected nor operations conductedthereon or use made thereof other than the use existing at the timeof the adoption of this section, unless approved by the ZoningBoard of Appeals. The area in question is identified and mapped onthe Fish & Wildlife maps FO6 and NY 47 and 48.
Section 133-23 does not specifically address the issue of adamaged house being rebuilt with a larger footprint or even thesame footprint on another location on a non-conforming property,even if seemingly outside of the 100-foot wetland area, but locatedwithin the Coastal Barrier District. Section 133-11 indicates anynew structure within the Coastal Barrier District requires ZBAapproval.
Another complicating issue is that there seems to be no potablewater on the property. Should the town be giving out buildingpermits for properties where there is likely to be no potablewater, and encouraging Suffolk County Water to createsolutions?
Finally, no matter what is decided in this case, it will setprecedent for other similar properties on Shelter Island.
Hence it would seem to me that a full review, including impactstatements and public discussion, is wise. Hopefully, the endresult will be some combination of easement, bargain sale purchasesupported by local donations, and some effective tax credits forthe owner.
Whatever else, this is not a simple question of “ignoring thelaw or “breaking the deal. Instead, it is an issue with long-termimportance to Shelter Islanders.
DONALD M. KORNRUMPF
SHELTER ISLAND