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HomeMy WebLinkAbout2004-07-06 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK Village Hall, 938 King Street Rye Brook, New York ZONING BOARD OF APPEALS Tuesday, July 6, 2004 AGENDA 1. #04-335 Mr. & Mrs. Vincent A. Repaci, Jr. 199 Betsy Brown Road Construct a two-story addition of a two-car garage with a bedroom and study above CONTINUATION OF PUBLIC HEARING 2. #04-340 Mr. & Mrs. Comstock 247 Betsy Brown Road Construct a two-story rear addition with rear deck 3. #04-345 Mr. Dave Steinthal and Ms. Jen Schaefer 190 Betsy Brown Road Enclose an existing first floor porch and construct a partial second floor addition 3. Approval of June 1, 2004 Zoning Board Summary PRESENT BOARD: Mark Harmon, Chairman Joseph Pellino Dorothy Roer Ronald Rettner (Arrived at 8:1 S p.in) Excused: Salvatore Cresenzi STAFF: Mr. Hector Boscarino, Code Enforcement Officer Victor Carosi, Village Engineer Paula Patafto, Meeting Secretary Mr. Harmon welcomed everyone to the July 6, 2004 Zoning Board of Appeal meeting. He noted that Mr. Salvatore Cresenzi was excused from the meeting due to a prior commitment. As Mr. Ronald Rettner was not in attendance at the start of the meeting, Mr. Harmon noted that with only three (3)members of the Board in attendance, the applicants would be given the opportunity to adjourn to the next meeting, scheduled for August, when there would, hopefully, be more members in attendance. He pointed out that it is the policy of the Board to advise applicants that it would take three "yes" votes to grant a variance and, if there were only three Board members present and a member voted no, the variance would be rejected. Mr. & Mrs. Repaci chose to move forward with their presentation. Zoning Board of Appeal Tuesday,July 6,2004 Page 1 1. #04-335 Mr. & Mrs. Vincent A. Repaci, Jr. 199 Betsy Brown Road Construct a two-story addition of a two-car garage with a bedroom and study above CONTINUATION OF PUBLIC HEARING Mr. Harmon noted that this matter was before the Zoning Board at the June meeting. An adjournment was granted in order to allow the applicant to respond to questions raised by the Board. Mr. Repaci, Jr., the applicant, addressed the Board. He stated that at the prior meeting the Board asked for proof that the home would not be out of character with other homes in the neighborhood. Mr. & Mrs. Repaci presented photographs to the Board, which were made part of the record. These photographs were of surrounding homes. It was also noted that five properties abut his property. Four of these homes are over 3,000 square feet. Mr. Repaci stated that he proposed the construction of a two car garage to the right of the home. The existing front porch would be removed, and the two car garage would be constructed. He pointed out that currently this home does not have a garage. In addition, a bedroom and a study were proposed for the second floor, above the garage, with the total square footage to be added to the home totaling 400 square feet. This home currently has three (3) bedrooms, and with a growing family the additional bedroom and living space was needed. Mr. Repaci noted that the application complied with five out of six of the Village Code's stipulations. He was in compliance with the following requirements: the footprint, the height of the building, side setbacks, front and back setbacks, and the impervious surface coverage. The only area that they required a variance for was bulk area coverage. Mr. Hector Boscarino, Code Enforcement Officer, noted that the garage was included in the calculations as it counts as living space. Mr. Joseph Pellino pointed out that there was previous construction on the home, completed within the last two years. Mr. Repaci stated that the roof to the rear of the home was raised. This is the second part of the construction. It was noted that at the previous meeting the Acting Building Inspector, Mr. Michael Izzo, was asked to advise the Board whether or not this home required the installation of a sprinkler system. Mr. Repaci stated that Mr. Izzo had advised him that a sprinkler system would be required. The plans will be submitted to the Architectural Review Board at the next meeting. Mr. Repaci noted that the second story adds two dormers, and the height will the same height as the existing roof line. Without the dormer a minimal variance would be required. Mr. Harmon called for members of the public wishing to address the Board in support of this application. Two neighbors, residing at 189 Betsy Brown Road, addressed the Board. They stated that they were fully supportive of the application. They felt that the addition of the garage would add value to their property. Zoning Board of Appeal Tuesday,July 6,2004 Page 2 Mr. & Mrs. Stevens, 47 year residents of Betsy Brown Road, addressed the Board. They noted that many of their neighbors have converted their garages into living space, which means more cars on the street. They were happy that the Repaci's were adding a garage, and were pleased with the well thought out plans. The residents of 182 Betsy Brown also noted that they were in favor of the application, as were Mr. Dave Steinthal and Ms. Jen Schaefer of 190 Betsy Brown. Mr. Harmon called for any members of the public wishing to address the Board in opposition to the application. There being no one, and no further comments from Board members, the public portion of the hearing was closed and the Board went into deliberation. Upon the Board's return, Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. Vincent A. Repaci, Jr. for a variance of 671.18 square feet from gross floor area limitation in connection with the proposed construction of a two-story addition of a two-car garage, with a bedroom and study above, on property located at 199 North Ridge Street, in an R- 10 District, on the north side of Betsy Brown Road, approximately 465 feet from the intersection of Betsy Brown Road and Knollwood Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 1, Block: 6, Lot 25A.1. WHEREAS, a duly advertised public hearing was continued on June 1, 2004, and continued to July 6, 2004, at which time all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) Several affected neighbors have spoken in support of the application; 2) Applicants have demonstrated that the proposed addition is in character with the surrounding neighborhood and will not adversely effect the neighborhood; and 3) The addition of a garage will benefit the community and would require only a de minus variance, the dormer addition being consistent with current construction and, therefore,reasonable. NOW, THEREFORE, BE IT RESOLVED that the application is hereby granted on the following condition: 1) Construction shall begin within one year of the granting of the variance. DATED: July 6, 2004 Mark Harmon, Chairperson 3 Ayes, 0 Noes Zoning Board of Appeal Tuesday,July 6,2004 Page 3 Mr. Harmon called for the second item on the agenda: 2. #04-340 Mr. & Mrs. Comstock 247 Betsy Brown Road Construct a two-story rear addition with rear deck Mr. & Mrs. Comstock addressed the Board with their architect, Timothy Wetmore of Wetmore Associates LLC. Mr. Wetmore noted that the application was for a rear yard addition of two-stories, which consisted of a master bedroom suite on the second floor, an extension to the kitchen and family room on the first floor. The existing house is currently 1,737 square feet. The proposed addition would add approximately 592 square feet, for a total of 2,329 square feet. Part of the project involves the removal of a three- season porch located at the rear of the house, which is in need of repair. Three variances were required are as follows: Maximum gross floor area, side yard setback, and maximum coverage of a main building on a building lot (in an R-10 District). Much of the difficulty relating to this project stems from the fact that this is a non-conforming lot. In addition, the lot is narrower in the rear than it is in the front. The existing lot is 6,127 square feet located in an R-10 zone, which requires 10,000 square feet. Mr. Harmon noted that the Board was presented with a series of photographs which were made part of the record. Due to the location on the lot of the existing house, the portion of the property where the construction will take place is over the setback requirement by 1'. The kitchen is very narrow and losing any space would be impractical. Mr. Wetmore noted that if this property were located in an R-5 or R-7 no variances would be required. The maximum building coverage which includes the proposed construction is 21.3%. The maximum gross floor area allowed for this property is 2,203 square feet, for an overage of 276 square feet. The existing garage is included in the number. This is a corner lot, which means that there is no place to build an accessory structure, which is allowed by Zoning. No free-standing garage can be constructed on this property. Mr. Harmon thanked Mr. Wetmore for his presentation. He called for members of the public wishing to speak in support of the application. Mr. & Mrs. Repaci of 199 Betsy Brown Road spoke in support of the application. As did the residents of 189 and 182 Betsy Brown Road. Mr. Harmon called for members of the public wishing to address the Board in opposition to the application. There being no one, he turned to the Board for comments. Mrs. Dorothy Roer asked for clarification on the removal of the three season porch. Mr. Wetmore stated that the three-season porch would be removed and the rear addition would extend beyond the footprint of the porch. All of the proposed construction is proposed for the rear left hand corner of the home. Zoning Board of Appeal Tuesday,July 6,2004 Page 4 There being no further comments, the Public portion of the hearing closed at 8:35 p.m. Upon the Board's return, at 8:40 p.m., Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr.& Mrs. Comstock, for: 1) a variance of 276 square feet from the maximum gross floor area limitation; 2) a 1.5' side yard variance; and 3) 1.3% maximum lot coverage all connection with the propose construction of a two-story rear addition with rear deck, in an R-10 District, on property located at 247 Betsy Brown Road, at the intersection of Betsy Brown Road and Knollwood Drive, on the north side of Betsy Brown Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 1, Block: 6, Lot 25A21. WHEREAS, a duly advertised public hearing was continued on July 6, 2004, at which time all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) The lot is a legal non-conforming and irregularly shaped side lot; 2) The construction is in the rear of the house and will not affect the visual impact of the house consistent with the intent of the gross floor area and maximum lot coverage regulations; 3) Affected neighbors are in favor of the application; and 4) The purposed construction will not adversely impact the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the application is hereby granted on the following conditions: 1) Construction shall begin within one year of the granting of the variance. DATED: July 6, 2004 Mark Harmon, Chairperson 4 Ayes, 0 Noes Zoning Board of Appeal Tuesday,July 6,2004 Page 5 3. #04-345 Mr. Dave Steinthal and Ms. Jen Schaefer 190 Betsy Brown Road Enclose an existing first floor porch and construct a partial second floor addition Steven Marchesani, architect, addressed the Board on behalf of the applicants. He began his presentation by noting that this was a legally non-conforming lot. The proposal before the Board was to enclose the first floor porch area, and add a bedroom to the second floor. The house is currently a two-bedroom home. This is a corner lot, which means there are essentially two front lots. The application requires a front yard variance. Mr. Marchesani noted that the footprint will change, but the line of the existing setback will be kept. Mr. Harmon questioned whether or not any variances were required for the rear yard. Mr. Marchesani stated that no variances were required. Mr. Joseph Pellino began a discussion regarding how the decision was made in regard to which was the front lot. Mr. Victor Carosi, Village Engineer, and Mr. Hector Boscarino, Code Enforcement Officer, reviewed the section of the Village Code that pertained to this matter. A call was also placed to Mr. Michael Izzo, acting Building Inspector, for his input. The determination was that, for zoning purposes, an applicant can choose which of the two side lots is the front yard in order to determine which will be the rear yard. However, as two sides front streets, each is considered a front yard. The Board took a brief recess to discuss this matter. Upon the Board's return, Mr. Harmon called for members of the public wishing to address the Board in support of the application. The residents of 189 Betsy Brown, the home owners directly across the street from this property, felt that this was a great addition, and was in character with the rest of the neighborhood. The homeowners of 182 Betsy Brown, the adjacent neighbors, also address the Board in support of this application, as did Mr. & Mrs. Repaci of 199 Betsy Brown Road. The homeowners of 185 Betsy Brown questioned what the front of the home would look like after construction. They suggested that the entire addition should be made to the rear of the home, where it would not affect the character of the neighbor. Mr. Ronald Rettner, agreed, and asked if the applicant considered an extension to the rear of the home versus the side. Mr. Marchesani presented the Board with photographs of the home, noting that the adjacent home had basically the same set-up as proposed. He noted that the applicants wanted to keep the bedrooms together and, because the existing second floor bedroom is in the center of the house, the plan before the Board was the preferred plan. Mr. Rettner restated that, in his opinion, there were other means by which to add the space required without construction on the side of the home. Zoning Board of Appeal Tuesday,July 6,2004 Page 6 Mr. Harmon asked if other options had been reviewed. He noted that the part of the Zoning Board's review includes looking at to what extent the applicant has sought to minimize the variance required. The Board stated that they needed additional information before making a decision in connection with this application. The consensus of the Board was that better evidence that one variance or another would be required in connection with this application needed to be submitted. The applicant requested and was granted an adjournment to the August meeting. Mr. Harmon noted that if a different application was submitted, which required difference variances, the matter would need to go through the notification process again. If the applicant intended on returning with additional proof that this variance is required, then all that would need to be done would be to re-install the sign with the correct date. Mr. Harmon noted that the application of Mr.& Mrs. Jeffrey Weintraub, originally on the agenda, was withdrawn at the applicant's request. The application would be re-noticed, and placed on the agenda for the Board's August meeting. Mr. Harmon called for the final item on the agenda: 3. Approval of the June 1, 2004 Zoning Board Summary The summary was approved by a vote of 4 ayes to 0 noes. Mr. Harmon noted that he was in receipt of e-mails from Mrs. Hendel of Charles Lane. This information would be distributed, and he requested that all members of the Zoning Board read through these e-mails and be prepared for discussion at the next meeting. There being no further business before the Board, the meeting was adjourned at 9:15 p.m. Zoning Board of Appeal Tuesday,July 6,2004 Page 7