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ZBA upholds Building Department: permit required for cribbed dock, owner's interpretation denied
Summary
After extended testimony and legal questioning, the Town of Newburgh Zoning Board denied Kurt Johnson's request to interpret the zoning code as exempting a cribbed dock from building-permit requirements and upheld the Code Compliance stop-work order.
The Town of Newburgh Zoning Board of Appeals on Oct. 24 denied a property owner's interpretation that a cribbed dock did not require a building permit, upholding a stop-work order issued by Code Compliance.
Kurt E. Johnson of 40 Old South Plank Road told the board he believed his dock—built on cribs of timber and stone—was not the kind of structure the Town's zoning language or the uniform building code requires to be permitted. "It seems very clear it isn't required," Johnson said, arguing the dock should be exempt.
Board members and staff sharply questioned that view. Chairman Darrin Scalzo, who said he had visited the site, pressed Mr. Johnson on load-bearing concerns and public-safety inspection needs. "Your deck or dock, tomato, tomatoe... the only way for you to ensure that that's happening is to get a permit and have the Building Department inspect these types of structures so that they are safe," Scalzo said.
Code Compliance Officer Joseph Mattina told the board that Section 185-48.3 requires docks to comply with other applicable Town laws and that the Building Department's stop-work order cited permit requirements under the Town code and the building permit rules. Town counsel observed that the ZBA can interpret Chapter 185 but does not have authority to interpret other code chapters; the board nevertheless considered the request and ultimately denied Johnson's interpretation and upheld the Code Compliance determination that a building permit is required.
Mr. Johnson was advised to pursue the appropriate building-permit filings and, if necessary, provide engineering certification for the cribbing and structure.
What the Board decided The ZBA voted unanimously to deny the interpretation request and to uphold the Building Department's stop-work order. The Board recorded the vote as: Eberhart yes; Hermance yes; Masten yes; Rein yes; Scalzo yes.
Next steps Johnson must apply for a building permit and provide any engineering documentation required by the Building Department; Code Compliance will continue to monitor compliance.
