Agenda - Planning Commission - 10/15/2015

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September 10, 2015 1 Volume 9 1 Issue 17 Zoning Bulletin It further addressed whether requiring the owners to 'dismantle the unpermitted structures from their property was an equitable remedy. The Background/Facts: In 2010, William H. Grimditch, Jr. ("Grim - ditch") began construction of a three -slip boathouse on his unimproved lakefront property on Lake Placid in the Village of Lake Placid/Town of North Elba (the "Town") in Essex County (the "County"). At the same time, Grimditch's children, Wayne H. Grimditch and Carol Lynn Grim - ditch Roda ("the Children"), also began construction of a one -slip boathouse on their nearby vacant lakefront property in the Town. The Town's Code Enforcement Officer soon issued stop work orders, alleging that the boathouses were being constructed without the necessary zoning permits. Eventually, the Town commenced actions against Grimditch and the Children. Owners of land adjacent to the Children's land (the "Neighbors") commenced a . separate action, seeking removal of the Children's boathouse. On the Town's request, the supreme court allowed construction of cais- sons and decking for the boathouses, but issued a limited preliminary injunction, requiring Grimditch and the Children to apply for building permits pursuant to the New York State Uniform Fire Prevention and Building Code Act ("SBC") and to comply with the provisions of the Vil- lage of Lake Placid/Town of North Elba Land Use Code ("LUC"). The court warned Grimditch and the Children that if they proceeded with construction, including of the caissons and decking, they did so at their own peril and on notice that they may need to removal all improvements if the Town prevailed in its action on the merits. The supreme court issued summary judgment to Grimditch and the Chil- dren, apparently finding that their lake front property was under the preemptive jurisdiction of the State of New York (under the Navigation Law, which preempts local land use laws and confers upon the State exclusive jurisdiction). However, that judgment was reversed and the ap- pellate division awarded summary judgment to the Town, finding the Navigation Law applied only where the state owns the navigable waters in its sovereign capacity, while here, most of Lake Placid was within the Town's boundaries and therefore the LUC applied to structures such as the boathouses constructed within those boundaries. Meanwhile, Grimditch and the Children had continued with, and completed, un -permitted construction of their boathouses. Finally, on remittal for further proceedings, the Supreme Court awarded summary judgment to the Town and the Neighbors. The court ordered Grimditch and the Children to dismantle the boathouses except for the caissons and decking initially authorized. Grimditch and the Children appealed. Among other things, they argued that: (1) the Neighbors lacked standing (i.e., the legal right) to bring their action; (2) because construction of the boathouses was complete at the time of the Supreme Court's decision, the claims of the Town and 10 © 2015 Thomson Reuters