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Board seeks legal guidance on whether contiguous parcels can be merged to avoid variances
Summary
During review of the 1891 Carhartt Avenue application, the board raised that the owner holds adjacent tax lots that, if consolidated, could eliminate many requested variances and asked counsel to advise whether Peekskill automatically merges contiguous nonconforming lots.
Board members discovered the owner also owns two adjacent parcels (96 and 98 Benefield Boulevard) that are flag lots and not accessible from Benefield Blvd. The chair said consolidation could remove many requested variances and asked legal counsel to research whether local rules automatically merge contiguous nonconforming lots.
"In most municipalities, there's a law that says if you own contiguous nonconforming lots, they become merged automatically," a committee member said when discussing municipal practice; the chair asked the city attorney to confirm whether Peekskill follows that rule. The board noted that if all three parcels were consolidated many of the existing setback and accessory structure variances would no longer be required.
The board did not make any consolidation decision at the meeting and directed counsel to advise on the legal effect of consolidation before the next hearing.
