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HomeMy WebLinkAbout2014-01-07 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK l 938 Kin Street UATE, JPI g ,>,�_,......,... ZONING BOARD OF APPEALS Tuesday, January 7, 2013 �` �n Meeting at 8:00 p.m. D IJ V L MAR - 5 201']AGENDA VILLAGE OF RYE BROOK BUILDING DEPARTMENT 1) #13-019 66 Bowman Avenue Realty Corp. 66 Bowman Avenue Legalize site modifications 2) Approval of December 3, 2013 Zoning Board Summary BOARD: Steven Berger Joel Simon Jeffrey Richman Donald Moscato, Chairman Excused: Andrew Kaminsky BOARD OF TRUSTEE LIAISON: Excused: David Heiser STAFF: Michael Izzo, Building Inspector Jennifer Gray, Esq., Village Counsel Philip Butler, Village Counsel Fred Seirfert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Mr. Donald Moscato, Chairman, welcomed everyone to the first Zoning Board meeting of the new year. He noted that Mr. Andrew Kaminsky was excused from the meeting, and although a quorum existed the applicant would need three yes votes. for an application to be granted. He noted that the applicant would be offered the opportunity to adjourn to the next meeting when there may be a full complement of the Board. I Zoning Board of Appeals Meeting January 7,2014 Page 1 of 10 I Mr. Moscato introduced Village counsel, consultants and staff. He asked that anyone addressing the Board please come to the podium and state their names and the nature of the application. He called for the first item on the agenda: 1) #13-019 66 Bowman Avenue Realty Corp. 66 Bowman Avenue Legalize site modifications Philip Butler, Esq., Village Counsel, noted that the Village had not received the signed Affidavit of Notice, however, the applicant's representative stated that the sign had been posted and mail notification has been completed. Installation of the sign was confirmed, and the Board waived the requirement of submission of the Affidavit prior to the Hearing and allowed the application to be heard. Paul Noto, Esq., for the applicant, stated that the applicant wished to continue with their presentation and have the Board vote on this matter this evening, even with Mr. Kaminsky's absence. Paul Noto, Esq., representative for the applicant, addressed the Board. He noted that 66 Bowman is in an R2F zone. It houses an insurance company. The applicant sought two (2) variances: One for impervious coverage and the other for parking. These variances were previously granted by a resolution of the Zoning Board adopted on January 15, 2013. After the process was completed, the applicant did not obtain the required the Building Permit within the required six months, and as a result, the variances expired on July 15, 2013. This resulted in the application before the Zoning Board. Mr. Noto explained that the reason the variances were allowed to expire without a building permit being pulled or an extension requested was because a key employee of Traynor Insurance became ill and passed away last year. The applicant is now back with the identical application. Attorney Noto asked if the Board wanted the architect to review the application. The consensus of the Board was that there was no need to have the architect give an overview as everyone was familiar with the application. He asked if there was anyone who wished to speak in favor or opposition of the application. There being no one, he turned to the Board for a motion to close the public hearing. P 'h Zoning Board of Appeals Meeting January 7,2014 Page 2 of 10 Is jOn a motion made by Steven Berger, and seconded by Joel Simon, the public hearing was closed and the Board began deliberation. I The roll was called: Steven Berger Voting Aye Jeff Richman Voting Aye Andrew Kaminsky Excused Joel Simon Voting Aye Donald Moscato, Chair Voting Aye The Board discussed inclusion of a condition to the resolution regarding paving and striping of the parking area. Attorney Butler was asked to craft the resolution. Mr. Moscato noted that there was one issue of concern and that is the stormwater issue. One neighbor made the Board aware of flooding in his rear yard during the Board's review of the prior application. He suggested that an email be sent to the Board of Trustees to encourage exploration of the possibility of establishing a drainage district in this area,, perhaps in coordination with the upcoming construction project on Barber/Bowman Avenue, which could help alleviate some of the stormwater issues in this area. Mr. Moscato reviewed the five factors used by the Zoning Board in making decisions for the two variances requested. [Was there any substantive discussion that could be inserted here? I've mentioned to Paula in the past that the board's deliberation is a critical part of the minutes that should be included] Attorney Butler read the condition to be added to the resolution in fi connection with the parking area. Mr. Moscato read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by 66 Bowman Avenue Realty Corp. for (1) a total impervious surface coverage variance of 2009.32 square feet; and (2) an off-street parking variance for 12 parking spaces, in connection with the legalization Zoning Board of Appeals Meeting January 7,2014 Page 3 of 10 i i i of an expanded parking area and rear flagstone patio with water future, and proposed expansion of the existing parking area, at property located at 66 Bowman Avenue, in an 2F zoning district on the south side of Bowman Avenue, near the intersection of Barber Place and Bowman Avenue. Said premises, being known and designated on the tax map of the Village of Rye Brook as Parcel ID # 141.27-1-24; and WHEREAS, the proposed action is a Type II action pursuant to the New York State Environmental Quality Review Act and accordingly, no further environmental review is required; and WHEREAS, the above referenced variances were previously granted by the zoning Board of Appeals by resolution dated January 15, 2013; and WHEREAS, said prior approval expired on July 15, 2013, pursuant to Section 250-13(H) of the Rye Brook Code; and WHEREAS, the applicant now seeks re-approval for the same variances previously granted by the Zoning Board of Appeals; and WHEREAS, the Zoning Board of Appeals has reviewed the instant application and determined that there has been no change in the subject matter thereof or in the condition of the premises; and WHEREAS, a duly advertised public hearing was held on January 7, 2014, at which time all those wishing to be heard were given such opportunity; and WHEREAS, the Board, from the application, after viewing the premises, and neighborhood concerned, and upon considering each of the Code, finds with respect to the total impervious surface coverage variance: 1) The variance will not create an impact to the character of the neighborhood; 2) The benefit the applicant seeks cannot be achieved through another method, feasible for the applicant to pursue, that does not require a variance; 3) The variance is substantial; 4) The variance will not create any adverse impacts to the physical or environmental conditions of the neighborhood; and Zoning Board of Appeals Meeting I'll' January 7,2014 Page 4 of 10 9 a I' 7 5) The need for the variance is not self-created [check this —the board very rarely finds something to NOT be self-created]; and WHEREAS, the Board, from the application, after viewing the premises, and neighborhood concerned, and upon considering each of the Code, finds with respect to the off-street parking variance: 1) The variance will not create an impact to the character of the neighborhood; 2) The benefit the applicant seeks cannot be achieved through another method, feasible for the applicant to pursue, that does not require a variance; 3) The variance not substantial; 4) The variance will not create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance is not self-created [check this —the board very rarely finds something to NOT be self-created]; and NOW, THEREFORE, BE IT RESOLVED, that said application for the total impervious surface coverage variance is hereby granted and said application for the off-street parking variance is hereby granted, on the following conditions: 1) The parking area shall be paved and parking spaces striped. Mr. Moscato called the roll for the impervious surface coverage variance: Steven Berger Voting Aye Jeff Richman Voting Aye Andrew Kaminsky Excused Joel Simon Voting Aye Donald Moscato, Chair Voting Aye Mr. Moscato called the roll for the off-street parking variance: Steven Berger Voting Aye Jeff Richman Voting Aye Andrew Kaminsky Excused Joel Simon Voting Aye Donald Moscato, Chair Voting Aye Impervious coverage: 4 ayes, 0 nays, 1 excused Parking: 4 ayes, 0 nays, 1 excused Zoning Board of Appeals Meeting January 7,2014 Page 5 of 10 AQVE VILLAGE OF RYE BROOK JAN - 8 2014 ZONING BOARD OF APPEALS VILLAGE CLERK'S OFFICE RESOLUTION WHEREAS, application has been made to the Zoning Board by 66 Bowman Avenue Realty Corp. for (1) a total impervious surface coverage variance of 2,009.32 square feet; and (2) an off-street parking variance for 12 parking spaces, in connection f with the legalization of an expanded parking area and rear flagstone patio with water feature, and proposed expansion of the existing parking area, on property located at 66 Bowman jAvenue, in an R-2F zoning district on the south side of Bowman Avenue, near the intersection of Barber Place and Bowman Avenue. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 141.27-1-24; and WHEREAS, the proposed action is a Type II action pursuant to the New York State Environmental Quality Review Act and accordingly, no further environmental review is u c r required; and I WHEREAS, the above-referenced variances were previously granted by the Zoning Board by resolution dated January 15, 2013; and WHEREAS, said prior approval expired on July 15, 2013, pursuant to Section 250- 13(H) of the Rye Brook Code; and WHEREAS, the applicant now seeks re-approval for the same variances previously granted by the Zoning Board; and WHEREAS, the Zoning Board has reviewed the instant application and determined that there has been no change in the subject matter thereof or in the condition of the premises; and WHEREAS, a duly advertised public hearing was held on January 7, 2014, at which time all those wishing to be heard were given such opportunity; and WHEREAS, the Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors set forth at Section 250- , � 1313/08/458417v I 117114 I i 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the total impervious surface coverage variance: 1) The variance [WILco:r--oO- )d- 2) NO create an adverse impact to the character of the neigThe benefit thea li nca t seek As C CANNO �achieved throu h pp [ g another method, feasible for the applicant to pursue, that does not require III a variance; 3) The varian e [IS/ S NOT] substantial; 4) The variance [WILL/ �con?dons create any adverse impacts to the physical or environmentof the neighborhood; and 5) The need for the variance(DSS NOT] self-created; and WHEREAS, the Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors set forth at Section 250- ''i 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the off-street parking variance: 1) The variance [WILL/O create an adverse impact to the 1 character of the neighborhood; 2) The benefit the applicant seeks [CAN/C11�NNO be achieved through another method, feasible for the applicant to pursue, that does not require a variance; 3) The varian e S/IS NOT] substantial 4) The variance [WILL/'/-1-LL-NOT] create any adverse impacts to the physical or environmental conditions of the neighborhood; and 'i j 5) The need for the varian e [I IS NOT] self-created; and I'I NOW, THEREFORE, BE IT RESOLVED, that said application for the total impervious surface coverage variance is hereby G N /DENIED] and said application for the off-street parking variance is hereby GRANTED DENIED], on the following conditions: 1. s 2• ; and J. Dated: January 7, 2014 1 I 1313/08/4.1 8417v 1 117114 I Mr. Don Moscato, Chair an Mr. Moscato called the roll#6Ve impervi us surface coverage variance: e- r1 Steven Berger (� Voting: -Aye Nay Abstain Excused bi �1�reaman C� Voting: Aye Nay Abstain Excused Andrew Kaminsky Voting: Aye Nay Abstain Excused 1EC o Joel Simon Voting: €/A Nay Abstain Excused Don Moscato Voting: / Aye Nay Abstain Excused Ayes Nays � Abstain Excused i' Mr. Moscato called the roll for t�tC4� reet . arking variance: Steven Berger �' Voting r✓ e Na Abstain Excused .� g �,�' Y Michele Fxe Voting: Aye Nay Abstain Excused i Andrew Kaminsky Voting: -Aye Nay Abstain a/'Excused ��BS Joel Simon Voting: d.' Nay Abstain Excused Don Moscato Voting: Aye Nay Abstain Excused Ayes 0 Nays Abstain !„ Excused !I jl 1313/081/58417v I 117114 2) Approval of December 3, 2013 Zoning Board Summary Mr. Moscato called for comments on the December summary. The summary was Approved as amended. Mr. Moscato called the roll: Steven Berger Voting Aye Jeff Richman Voting Aye Andrew Kaminsky Excused Joel Simon Voting Aye Donald Moscato, Chair Voting Aye There being no further business before the Board, the meeting was adjourned at 8:26 p.m. Steven Berger Voting Aye Jeff Richman Voting Aye Andrew Kaminsky Excused Joel Simon Voting Aye Donald Moscato, Chair Voting Aye u Zoning Board of Appeals Meeting January 7,2014 Page 10 of 10 I�