To the Editor:

On page 62 of the Knox Zoning Ordinance it states: “A Certificate of Compliance shall be required for all construction, regardless of intended use, which exceeds 144 square feet in area.”

If my understanding of this is correct, a certificate of compliance would be issued as part of the building-permit process, so construction that doesn’t exceed 144 square feet would not need a building permit.

Also, as part of the permit process, one would fill out a plot plan showing where the construction is to be located.

Without a plot plan, the town of Knox would not know where this construction was intended to go, so there would not be any verification mechanism, and it would not be subject to a setback requirement.

For years, going back to Bob Delaney as the Knox building and zoning administrator, I’ve tried to get an answer as to whether my understanding of this part of the ordinance is correct or not.

The answer from Bob was that this is a “gray area.”

In the minutes of the Aug. 25, 2011 zoning board of appeals public hearing for a variance on the property at 98 Singer Road, it states in part: “A motion was made by Amy Pokorny, seconded by Dennis Barber to grant a 29 1/2 foot side lot variance with the stipulation that the woodshed be moved to meet the 50-foot setback requirement.”

The woodshed, at 12 feet by 12 feet, would not exceed 144 square feet, and would not need a building permit, and would not be subject to a setback for the reasons stated above.

What I want to know from the town of Knox is if my understanding of the ordinance is correct, but the town won’t tell me.

Vince Virano

Albany

Editor’s note: The current Knox Zoning Ordinance, amended four times since the Aug. 25, 2011 meeting the letter-writer references, states that all accessory structures must be set back at least 40 feet from property lines. An accessory structure is defined as any structure detached from the main building on a lot.