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HomeMy WebLinkAbout2004-09-07 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK 938 KING STREET ZONING BOARD OF APPEALS TUESDAY, SEPTEMBER 7, 2004 8:00 p.m. AGENDA 1. 404-342 Mr. Jeff Allen 52 Bonwit Road Construct a Two-Story Addition 2. 404-349 Mr. & Mrs. Jeffrey Newman 48 Bonwit Road Construct a Two-Story Addition and a New Entry Portico 3. 404-353 Mr. & Mrs. Comstock 247 Betsy Brown Road Construct a Two-Story Rear Addition with Rear Deck 4. 404-354 Mr. & Mrs. Bruce DePaolo 128 Country Ridge Drive Remove Existing One-Car Garage and Construct Addition with New Two-Car Garage 5. 404-356 Mr. & Mrs. Edgar Schauber 15 Pine Ridge Road Construct a One-Story Addition and New Deck; Install a Roof over Front Porch 6. 404-333 Rye King Associates, LLC 900 King Street Install Two Signs to Identify Property 7. 404-355 Ms. Alicia Borys 50-52 Woodland Avenue Construct Two Side Additions; Relocate Two Chimneys; Install Skylights; Interior Alterations 8. Approval of August 3, 2004 Zoning Board Summary BOARD: Mark Harmon, Chairman Salvatore Crescenzi Joseph Pellino Ronald Rettner Dorothy Roer Zoning Board of Appeals September 7,2004 Page 1 STAFF: Michael Izzo, Acting Bulding Inspector Paula Patafto, Meeting Secretary Mr. Harmon called the meeting to order at 8:05 p.m., with the arrival of Mr. Ronald Rettner. He welcomed everyone, and noted that he would be taking the agenda out of order. Mr. Harmon noted that application 404-345, by Dave Steinthal and Ms. Jen Schaefer of 190 Betsy Brown Road, to enclose an existing first floor porch and construct a partial second floor addition, was on the agenda in August and adjourned to September. The changes discussed at the prior meeting, incorporated into the plans, resulted in no variances being required. The application was withdrawn. Mr. Harmon also noted that application #06-351, by Mr. and Mrs. Scott Talmadge of 40 Rockridge Drive, to construct one second-story addition, two two-story additions, two one-story additions and a rear roofed porch, was adjourned to the September meeting. No representative for the applicant was in attendance at the meeting and, therefore, the consensus of the Board was to adjourn this matter to the October meeting. Mr. Michael Izzo, Acting Building Inspector, was asked to contact the applicant to clarify their intentions with regard to this application. Mr. Harmon noted that he would be taking several items out of order. He called Item 44 on the agenda before the Board: 4. #04-354 Mr. & Mrs. Bruce DePaolo 128 Country Ridge Drive Remove Existing One-Car Garage and Construct Addition with New Two-Car Garage Mr. Steven Marchesani, architect, addressed the Board. Mr. Harmon noted that the required proof of compliance with the mailing notification was not received in time for this matter to be heard by the Zoning Board. He stated that proof of notification should have been submitted by Thursday of the prior week. The Board discussed this matter, and determined that the Zoning Board does not have the power to waive compliance with the notification process. As a result, there were concerns regarding whether or not the hearing could be opened. The Board advised the applicant that the matter could not go forward at this meeting, however, the matter was opened and adjourned it to the next meeting so that there would be no requirement to re-notice. Mr. DePaolo noted that he was away on vacation, and that held up submission of the proof of notification. He felt that he was not prejudicing anyone, and asked that the matter be heard. Mr. Harmon stated that no public hearing could be held Zoning Board of Appeals September 7,2004 Page 2 unless applicant is in compliance. The Zoning Board was constrained by this provision of the Village's Code. Mr. DePaolo was reminded that although he would not have to re-notice everyone by mail, the sign must be installed prior to the October meeting. The matter was adjourned by a vote of 5 ayes to 0 noes. Mr. Harmon addressed item 47: 7. #04-333 Ms. Alicia Borys 50-52 Woodland Avenue Construct Two-Additions; Relocate Two Chimneys; Install Skylights; Interior Alterations Mr. Harmon noted that this application also did not meet the notification requirements. The matter was also adjourned, and the applicant advised that she did not need to re-do the certified mailings, however she did need to re-install the sign with the correct date and information. Ms. Borys thanked the Board for their consideration. Mr. Harmon returned to the agenda, and called for item 41: 1. 04-342 Mr. Jeff Allen 52 Bonwit Road Construct a Two-Story Addition Mr. Steven Marchesani noted that he was the architect for the project. He began by noting that this application required two variances. The first would be for a minimum 4.5 foot side yard variance, and the second was a 1.60 foot side height/setback ratio variance. The applicant proposed a two-story addition which included an extension to the existing garage, creating a two-car garage, and the expansion of the master bedroom, adding a bath. Mr. Marchesani noted that both were minimal variances. Mr. Harmon called for anyone wishing to address the Board in support of the application. Mr. Jeff Allen, applicant, addressed the Board. He presented the Board with photographs of the home, which were made part of the record. He noted that this addition does not create any inconsistency within the neighborhood. He also noted that he moved into this home in 1989. In the 50's, when this home was constructed, one car garages made sense. In today's environment they do not. He stated that it was a hardship to not have a place to park his cars indoors, and noted Zoning Board of Appeals September 7,2004 Page 3 that he previously had a car vandalized. He stated that the proposed addition would remove cars from the street. Mr. Harmon called for anyone wishing to address the Board in opposition to the application. There was no one. Mr. Harmon questioned how much higher the house would be then it would be if it were in compliance with the maximum side height setback ratio. The architect noted that the addition is proposed for the rear right of the house. Mr. Izzo, Acting Building Inspector, noted that the applicant required a 1.68 foot variance, and that it would be the eve and the gutter that would require the variance. Applicant then determined that no variance would be necessary for the eve and gutter and withdrew the application for a height setback ratio variance. There being no further questions or comments, the public portion of the meeting 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. Jeff Allen for a 4.5 foot side yard setback variance, in connection with the proposed construction of a two-story addition for a second one-car garage, with bedroom above, and expand the master bedroom and bath, on property located at 52 Bonwit Road in an R-12 District on the south-east side of Bonwit Road, approximately 70 feet from the intersection of Bonwit Road and Mohegan Lane. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 1, Block: 5C, Lot 51. WHEREAS, a duly advertised public hearing was continued on September 7, 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 proposed construction is no greater than required to accomplish the addition of the proposed garage; 2) The proposed addition is consistent in character and purpose with the surrounding neighborhood; 3) No opposition has been voiced by the surrounding neighbors; 4) The proposed use is 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: September 7, 2004 Mark Harmon, Chairperson 5 Ayes, 0 Noes Zoning Board of Appeals September 7,2004 Page 4 Zoning Board of Appeals September 7,2004 Page 5 2. #04-349 Mr. & Mrs. Jeffrey Newman 48 Bonwit Road Construct a Two-Story Addition and a New Entry Portico Mary Faithorn Scott, the architect, addressed the Board. She began her presentation by noting that three (3) variances were required. The applicant proposes the construction of a two story addition and an entrance portico. The applicant will be creating a 14' x 10' wide one-car garage. The master bedroom will be expanded and a master bathroom will be added in the area above the garage. The entry portico requires a front yard variance of 4 feet. The Village's Code requires 35 feet, and the portico will setback only 31 feet. The second variance is in connection with the minimum front yard setback and the applicant only requires a .6 foot variance. The third and final variance is total side yard setback variance of 5 feet. The applicant's proposed addition will reduce the total side yard setback to 35 feet where 40 is required. It was noted that the front of the home is currently non-conforming, and there is an existing deck 10' from the property line. Ms. Faithorn Scott submitted a letter from the neighbor most affected by the addition. The residents of 46 Bonwit Road, Lore and Peter Silton, wrote in support of the application. Mr. Harmon called for anyone wishing to address the Board in support or opposition to the application. There being no one, Mr. Harmon turned to the Board for questions and comments. The public portion of the hearing closed at 8:34 p.m. 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. and Mrs. Jeffrey Newman for a .6' front yard setback variance in connection with the construction of a two-story addition, a 4' front yard setback variance in connection with the construction of an entry portico, and a 5' total side yard variance, in connection with the proposed construction of the two-story additions all located on property located at 48 Bonwit Road, in an R-12 District, on the north side of Bonwit Road, 287 feet from the intersection of Bonwit Road and Mohegan Lane. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 1, Block: 5C, Lot 53. WHEREAS, a duly advertised public hearing was continued on September 7, 2004, at which time all those wishing to be heard were given such opportunity; and Zoning Board of Appeals September 7,2004 Page 6 WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) The variance is necessitated by the irregular placement of the house on the lot; 2) The variances requested are the minimum required to accomplish the stated purpose; and 3) The most affected neighbor has expressed consent to the request. 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: September 7, 2004 Mark Harmon, Chairperson 5 Ayes, 0 Noes Zoning Board of Appeals September 7,2004 Page 7 Zoning Board of Appeals September 7,2004 Page 8 3. #04-353 Mr. & Mrs. Comstock 247 Betsy Brown Road Construct a Two-Story Rear Addition with Rear Deck Tim Wetmore, of Wetmore Associates LLC, addressed the Board. He noted that this matter was previously before the Zoning Board and, at that time, several variances were granted. The applicant is proposing the exact same addition, however, it was noted that one variance requirement was discovered and the applicant was required to return to the Zoning Board. There were no changes to the application at all. Mr. Harmon called for anyone wishing to address the Board in support or opposition to the application. There being no one, and no questions from the Board, the public portion of the meeting was closed and the Board went into deliberation. RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Comstock, for a 8.46 minimum front yard setback variance in 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 held on September 7, 2004, at which time all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the previous application, and after viewing the premises and neighborhood concerned, finds: 1) For the reasons set forth in connection with the granting of the application 404-0340 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: September 7, 2004 Mark Harmon, Chairperson Zoning Board of Appeals September 7,2004 Page 9 Zoning Board of Appeals September 7,2004 Page 10 5. #04-356 Mr. & Mrs. Edgar Schauber 15 Pine Ridge Road Construct a One-Story Addition and New Deck; Install a Roof over Front Porch Mr. William Sharman, architect, addressed the Board. He began his presentation by noting that Mr. Schauber was handicapped and the goal of the addition was to make the house more accessible for him. The home is a split level house, with no bathroom located within the main living area. The applicants also propose to expand the kitchen area, and give Mr. Schauber access to the kitchen and the deck which will be constructed to the rear of the kitchen. The applicants requested a 6' front yard variance. It was noted that a prior addition required a variance approximately 15 years ago. Mr. Harmon called for anyone wishing to address the Board in support or opposition to the application. Mr. Schauber noted that this addition would enhance his ability to get around in his home. Mr. Bob Melzer of 10 Pine Ridge Road addressed the Board in support of the application. He noted that he has been friends with the applicant for 44 years. He pointed out that in recent years a number of homes in the area have been greatly upgraded. He felt that this was a positive for the area and the Village, and stated that he was in support of the Schauber's application. Mr. Harmon noted that this home is located on a corner lot. The public portion of the meeting was closed at 8:50 p.m., and the Board went into deliberation. Upon their return, Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Edgar Schauber for a 6' front yard setback variance, in connection with the proposed construction of a one-story addition; install a roof over the front porch, and construct a new wood deck, on property located at 15 Pine Ridge Road in an R-12 District on the south side of Pine Ridge Road, at the intersection of Pine Ridge Road and Mohegan Lane. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 1, Block: 5C, Lot 14. WHEREAS, a duly advertised public hearing was held on September 7, 2004, at which time all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the previous application, and after viewing the premises and neighborhood concerned, finds: Zoning Board of Appeals September 7,2004 Page 11 1) The property is a corner lot property consisting of two front yards; and 2) The propose construction is the least intrusive required to accomplish the stated purpose and is mitigated by an expanding lot line. 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: September 7, 2004 Mark Harmon, Chairperson Zoning Board of Appeals September 7,2004 Page 12 Zoning Board of Appeals September 7,2004 Page 13 6. #04-333 Rye King Associates, LLC 900 King Street Install Two Signs to Identify Property Jeff Trell of the Acme Sign Company addressed the Board. He noted that the owner of 900 King Street was looking to install two signs to identify the building. They would be located at intersection of King Street and Arbor Drive and Arbor Drive and Driveway to 900 King Street. The variance requested is not substantial, but required because of the Road condition. There was no negative impact, and the Village Code requires signage. The design of the signs, size, and location were reviewed for the Board. It was also noted that a meeting was held with the representatives for the Arbors and the application was presented to them. They requested that the sign not block the one for the Arbors entrance. It was noted that if the King Street sign was located any further back, it would not be visible from King Street. The building itself is setback, and not visible at all from King Street. Therefore, a free standing sign is needed. The primary sign would be installed 40' from King Street. The secondary sign would be located 35' from the curb. Neither sign is illuminated, and they are in keeping with the architecture of the building. This building, which has been vacant for quite some time, is now occupied by a large corporation. It was also noted that the signs themselves are follow the Village's requirements regarding size. These signs will be visible, and not obstructed by any trees or shrubbery. The applicant felt that they were requesting a minimum variance. Mr. James Glucksman, a resident of the Arbors addressed the Board. A second resident of Brush Hollow Road, Arbors, also addressed the Board. He noted that there currently was a temporary sign in place, and reiterated the prior statement that the permanent sign should not block the Arbors' sign. Mr. Izzo noted that King Street is a State road. He also pointed out that a Due Diligence has been completed by the applicant, and noted that the State property is not being encroached upon at all. Mr. Ronald Rettner requested that the applicant move the sign and require a smaller variance. He felt that the sign could be placed further back, and made more attractive. The architect noted, for a second time, that moving the sign back any further would mean that the sign would not be visible from King Street. This is a large company, and this building needs some visible identification. He stated that setting the sign back further defeats the purpose. It was noted that the Architectural Review Board would be reviewing this matter. Zoning Board of Appeals September 7,2004 Page 14 Ms. Roer asked if the sign could be installed on the island on Arbor Drive. The architect noted that this option was discussed with the Arbors and their Board rejected. A resident of the Arbors noted that this was true. He also commented that the Arbors residents were hoping for a more rustic sign, much more like that of the Arbors. Mr. Harmon stated his opinion the size, location, and character of the sign will have an effect on the neighborhood and are all matters of concern to the Board. A question was raised concerning the size of the sign. The architect noted that a 20 square foot sign could be installed without a variance. This sign is smaller than 20 square feet. Mr. Izzo concurred. Mr. Joseph Pellino felt that a compromise could be reached regarding the design of the sign, and the setback. The Board agreed, noting that the consensus was that the members were not happy with the design or locations. It was also noted that site line requirements for this sign must be demonstrated, and evident in support of the variance must also be submitted. The applicant agreed to re-visit the design. The matter was adjourned to the October meeting, at which time the applicant would return with additional information. Mr. Harmon noted that if the variance requested was the same or less, no mail notification would be required. 8. Approval of August 3, 2004 Zoning Board Summary Mr. Harmon asked that one paragraph be stricken from the summary. The summary was adopted as amended by a vote of 5 ayes. There being no further business before the Board, the meeting was adjourned at 9:30 p.m. Zoning Board of Appeals September 7,2004 Page 15