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Boathouse Not an Impermissible Second Dwelling
Matter of Guttman v. Covert Town Board, 2023 WL 8865482, AppDiv, Fourth Dept. (memorandum opinion)
In neighbors' article 78 proceeding, neighbors appealed from Supreme Court's judgment upholding the town board's determination that a deck addition did not violate the town's setback requirements, and landowner appealed from Supreme Court's judgment granting the petition to invalidate the board's determination that a bunkhouse did not violate a prohibition on a second dwelling. The Appellate Division modified to reinstate the board's determination in its entirety, holding that neither of the board's determinations was irrational.
Landowner sought to convert the roof of a covered porch to a second-story deck, and sought to make improvements to a bunkhouse on the property. The town board concluded that the deck did not violate the code's 20-foot setback requirement because it did not alter the house's footprint, and merely replaced the roof of the porch, which already encroached on the 20-foot setback. The board also concluded that the bunkhouse did not violate the code's provision on more than one dwelling on the parcel because the bunkhouse was not a dwelling. Neighbors brought this proceeding challenging those determinations. Supreme Court upheld the setback determination, but concluded that the bunkhouse did constitute an impermissible second dwelling. Both parties appealed.
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