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ZBA flags easement and fire-code issues for 116 York addition that encroaches on neighbors parcel
Summary
Architects said an existing roof/soffit at 116 York encroaches on a neighbor's parcel; the board and staff advised that the applicant needs an easement, lot-line adjustment or to bring the structure onto the parcel and resolve New York State fire-code requirements for openings at less than 5 feet.
Sue Davis of SD Atelier Architecture presented an addition for 116 York that would enlarge bedrooms and modify the roof line. During the staff review the board learned the existing building already encroaches on the neighboring parcel and that several remediation options exist: move the wall onto the applicant's parcel, obtain an easement from the neighbor, or redesign so all work sits within the parcel lines.
City staff advised the board that a zoning board cannot grant rights to build on another property and that any portion extending over the neighbor's land would require a legal easement. Staff also flagged New York State fire code implications: a wall within 5 feet of a property line will typically need to be fire rated, which may preclude windows or require rated assemblies. The board noted that from a zoning perspective the proposed changes improve the existing noncompliant condition, but the applicant must resolve easement or code issues before receiving a certificate of occupancy.
The board left the public hearing open for the item and asked the applicant to pursue legal or lot-line remedies and to coordinate required building-code fixes with the city. Members urged the applicant to report back with documentation of an easement, lot-line adjustment, or revised drawings showing compliance.
