Martens v. Zoning Board of Appeals

Judgment unanimously affirmed without costs. Memorandum: Petitioners, owners of property adjoining intervenor Patrick Mullahy’s lot on South Street in the Village of Marcellus, challenge respondents’ issuance of a building permit for the addition of a second story to the nonconforming structure on Mullahy’s property. Article XIII of the Village Zoning Ordinance provides that no "nonconforming structure may be enlarged or altered in any way which increases its nonconformity.” Because the addition of a second story would not enlarge the "footprint” or outline of the structure, respon*975dents…