Building Department Errors Leave Neighbors Fighting to Protect Their Properties

by Meg Yergin -

Imagine looking out your window and seeing a line of trucks with a crew ready to chop down a row of trees lining your property with no advance warning.  That’s what happened to a Greacen Point resident on December 27, 2024, setting her and her husband off on a 14-month saga of land-use board appearances to protect the safety of their home. 

Driveway Ramp

After chasing the tree crew away, the neighbors pored through the plans for the empty lot next door at 1011 Greacen Point Road to understand what was going on.  They discovered the purpose of the tree removal was to clear space for the installation of a six- to seven-foot-high elevated driveway ramp just inches off their property.   

The Village halted construction after the neighbors alerted the building department to this plan.  After the neighbors reached out, the building department recognized that the property owner had not submitted design plans for the wall as required by its site plan approval from the Planning Board.

The neighbors then spent many months and many dollars on legal and consulting fees to inform land-use boards of additional zoning and environmental issues with the project.  These included increased flood risk to neighboring properties, the calculation of the floor area ratio (FAR), the accuracy of the lot’s grading, and the number of stories in the proposed home.  See HERE.

Neighbors Win Greacen Point Zoning Board Appeal

The neighbors ultimately succeeded in their appeal of the project’s building permit.  According to the ZBA’s decision dated February 5, 2026, the former building inspector was wrong not to require the property owner to obtain a variance for the proposed wall located within the lot’s required minimum side yard before issuing a building permit.  It also found that the FAR variance the ZBA previously granted in 2024 is no longer in effect as the property owner failed to comply with the conditions in the variance resolution.  See HERE.

Notice of appeal hearing for 1011 Greacen Point Road building permit.

The owners of 1011 Greacen Point Road have until March 19, 2026 to appeal the ZBA’s ruling to the NYS Supreme Court.  At the time of publishing this article, it appears that this appeal has not been submitted, and it is unclear what next steps the owners will take.

It’s important to note that if the neighbors had not called attention to the zoning noncompliance issue, it’s likely the towering retaining wall with highway bollards on top to prevent cars from tumbling off would have been built along their property line.  This could have resulted in risk to the neighbors, and costly litigation for taxpayers if the neighbors then sued the Village.

Neighbors Bear the Cost of Preventing Zoning Noncompliance

The Greacen Point appeal may appear to be a dispute just between neighbors.  But it was actually a dispute between residents and the Village’s building department - which the residents had to pay for. 

When neighbors challenge zoning interpretations that threaten the safety and value of their homes, the cost of hiring attorneys and other professionals can quickly add up.  In addition, the Village charges a $195 - $795 application fee to request the interpretation of a public official’s decision.  This fee is not refundable, even when the official’s decision is found to be wrong.  As a result, some homeowners can’t afford to defend their rights.

The case also highlights a broader issue in the Village’s land use process: zoning violations may go unnoticed unless nearby residents review the plans themselves.

More Building Department Misses

As another example, a neighbor recently called out substantive zoning issues that were missed by the building department regarding a project proposed for 714 The Crescent.

The neighbor reviewed plans to remodel the waterfront home next to her property that were submitted to the building department.  She informed the ZBA that the FAR value the applicant used in the project’s zoning table was incorrect and the proposed enlargement of the home exceeded the size permitted under the Code without an area variance.  When asked at the ZBA’s March 5 meeting why the property owner had not caught this error, the applicant’s attorney, Kristen Motel, pointed out that Building Inspector Scott Ransom also missed it.

In addition, the neighbor pointed out the site plan showed an elevated deck would be built past the high-water mark in the rear yard, something Ransom failed to cite in his original Letter of Determination for the project.  The high-water mark is the rear yard boundary for coastal projects; it defines a buffer area intended to prevent coastal erosion and mitigate flood damage in high-velocity wave zones. 

714 The Crescent Changes Plans Due to Neighbor’s Claims

In response to the neighbor calling out these issues, the property owner has modified the project plans.  The depth of the elevated deck has been decreased, and it no longer extends past the high-water mark on the plans.  The applicant also eliminated expansion of the kitchen which would require a FAR variance for the increased floor area. 

However, questions remain about the safety of the proposed elevated deck and whether it meets FEMA/Code requirements for structures in a VE-Zone.  See HERE.

Safety and Privacy Concerns Remain

The property owners are asking the ZBA for a variance to build an elevated deck within just 3 feet of the neighbor’s property line - instead of the 15 feet required under the Code.  See HERE.  This would be an 80% encroachment into the  minimum side yard for this zone.  That could set a Village-wide precedent that the ZBA may be compelled to follow in future variance requests when residents seek to build structures up to their neighbors’ property lines.

Neighbor’s rendering of the proposed deck to be built only 3 feet from her back yard & pool.

Why Does Zoning Oversight Matter in Land Use Development?

Zoning rules are designed to balance the rights of property owners with the protection of neighboring properties and the safety of the community.  

Setbacks, height limits, and floor area ratios are intended to prevent oversized structures from crowding neighboring homes and changing the character of the neighborhood.  They also protect the property value of residents’ homes in the surrounding area.

When zoning compliance is not properly reviewed by the building department, the consequences can extend far beyond a single property line.  The same is true when the ZBA grants significant area variances to property owners seeking to build outside a lot’s required minimum yard setbacks.   

Structures built too close to neighboring properties can affect privacy, safety, stormwater drainage and the value of adjacent homes.  In coastal areas of the Village, construction which doesn’t meet FEMA requirements, and which encroaches on protected buffer zones can increase flood risk, damage from high-velocity waves and erosion during severe storms.

Also important, zoning mistakes discovered after construction begins can expose the Village to legal disputes and costly litigation.