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HomeMy WebLinkAbout2013-03-05 - Zoning Board of Appeals Meeting Minutes�I I ZONING BOARD OF APPEALS { 938 King Street �`�� Tuesday,March 5,2013 Meeting at 8:00 p.m. L i' AGENDA MAY - 8 2013 1) #12-011 Mr. Michael Grandazzo VILLAGE OF RYE BROOK Adjourned 1116112, 1115113, 215113 BUILDING DEPARTMENT 11 Maple Court Legalize existing deck, swimming pool and enclosed porch addition 2) #12-030 Mr. &Mrs. Steven Epstein 233 Country Ridge Drive Construct one story, two story, and second story additions, a new front porch, reconfigure the driveway, legalize the existing rear deck 3) #13-005 Nancy B. Ruskin 7 Doral Greens Drive West, Rye Brook,NY Alan S. Berk 41 Doral Greens Drive West, Rye Brook,NY Re: 1100 King Street—Proposed Sports Amenity Requesting a specific interpretation of the Zoning Ordinance of the Village of Rye Brook 4) Approval of the February 5,2013 Zoning Board Summary BOARD: Andrew Kaminsky Jeffrey Richman Steve Berger Don Moscato, Chairman excused.• Joel Simon STAFF: Michael Izzo, Building Inspector Edward Beane, Esq.,Village Counsel Jennifer Gray, Esq., Village Counsel Fred Seifert, Access Coordinator Paula Patafio, Meeting Secretary ') BOARD OF TRUSTEE I LIAISON: Trustee.David Heiser Zoning Board of Appeals March 5,2013 Page i Mr. Don Moscato, Chairman, welcomed everyone to the March 5, 2013 meeting of the Zoning Board of Appeals. He called the meeting to order, and introduced the Board, Village Staff, and Counsel. He noted that Joel Simon was excused from the meeting and, as a result, although there was a quorum all applicants would need three "yes" votes in order for the resolutions to be approved. Each applicant on the agenda would be offered the opportunity to adjourn to next month's meeting, when there should be a full complement of the Board. No one wished to take the opportunity to adjourn at this time. Mr. Moscato asked that individuals speak at the podium, state their names, application, position, and nature of the variance. He called for the first item on the agenda: 1) #12-011 Mr. Michael Grandazzo Adjourned 11/6112, 1/15/13, 2/5/13 11 Maple Court Legalize existing deck, swimming pool and enclosed porch addition Mr. Moscato noted that that the Board received a letter from the applicant's counsel, Lawrence Engle, Esq., stating that the application has been withdrawn. Mr. Moscato called for the second item on the agenda: 2) #12-030 Mr. & Mrs. Steven Epstein 233 Country Ridge Drive Construct one story, two story; and second story additions, a new front porch, reconfigure the driveway, legalize the existing rear deck Justin F. Minieri, architect for the applicants, addressed the Board. Susan and Steven Epstein, the applicants, were also in attendance. Mr. Minieri began his presentation by noting that the proposed construction comes about because of a medical condition. Mr. Epstein was injured several years ago in a fall, and he now has difficulty with stairs. He needs a bedroom on the first floor. The existing house is non-conforming; and although difficult because of the layout of the home, Mr. Minieri was able to design plans that meet the applicants'needs. Mr. Minieri explained.the proposed construction to the Board which includes a one-story addition to the front, a two story addition to side, and a one story addition to the other side. There is currently a circular drive, but because of the front expansion, the driveway has been pushed forward toward the street. Part of the front addition is a porch. The front story addition consists of a mud room, bedroom and bathroom. The kitchen is proposed to be expanded and replace the deck. The side expansion is over the garage and it is consists of bedrooms and a Zoning Board of Appeals March 5,2013 Page bath. The architectural character of the home is being changed. The deck was built in 1998 and was not constructed pursuant to the approved plans. The Epsteins require six variances: a 2.9% main building coverage variance; a 1,186.25 square foot total impervious surface coverage variance; a 18.7% front yard impervious surface coverage variance; a 1,411 square foot gross floor area variance; a 1.92 foot unenclosed off-street parking setback variance; and a 4.5 rear yard setback variance for the existing deck, in connection with the application before the Board. The front addition consists of a bedroom, a bathroom and a mudroom. The applicants are adding this space to accommodate Mr. Epstein's medical condition. The house has a level change as you move to the rear of the home. The living room is at a different level. Mr. Minieri noted that there is no other area to the side or rear of the home that the bedroom on the first floor can be added. The front one-story addition creates a need for a variance because the circular driveway must be pushed forward into the 25 ft unenclosed off-street parking setback. The kitchen extension will create a more navigable kitchen area. The kitchen will be expanded over the existing deck. The gross floor area is being increased. Mr. Moscato asked if there was a way to reduce each of the variances. Mr. Minieri responded that all options have already been reviewed and the plans before,the Board are the best plans possible. It was noted that two houses in the area have circular driveways. The Board felt that the circular driveway could be eliminated in order to reduce the amount of impervious surface coverage. However, the applicant explained it would be very difficult backing out of the driveway onto the busy street. They offered to decrease the width of the driveway. Mr. Epstein addressed the Board. He noted that he has some health issues over the past five years. Stairs are problematic. His family made the decision to stay in Rye Brook and over the past five years they have tried to figure out a plan that would work and would allow them to stay in this home. They are trying to increase the space and make the house functional for them. The side of the home with the proposed addition is very well screened. The neighbors are in support of the application. He hoped that the Board would understand the context of what was being requested. Susan Epstein, applicant, addressed the Board. The house was built in 1968. The property is at the intersection of Rocking Horse Trail. This plan is years in the making and has been carefully thought out. Zoning Board of Appeals March 5,2013 Page Mr. Michael Izzo, Building Inspector, addressed the issue of the deck and why it required a variance. In 1998 a building permit was issued to construct a deck in the rear of the home. The setback was to be 40' from the rear yard property line. The Certificate of Occupancy was applied for six years later, in 2003. At that time there was no requirement to submit a final survey for what was built. When they applied for this permit, a survey was submitted and it was discovered that the deck was not constructed in accordance with the previously approved plans providing for a 40' setback from the rear property line. Mr. Epstein noted that there was a larger deck on the home when they purchased it, but the deck had no railings. A smaller deck was created. He also noted that the rear of this home backs up to the Hutchinson River Parkway. The attic space, although not habitable, is counted into the gross floor area. Also noted was that there have been water issues on this property and the applicant installed curtain drains. A sump pump is located in the basement, and the proposed construction requires the Village Engineer's approval of a stormwater management plan. Mrs. Epstein noted that the kitchen extension is making the kitchen wider but the deck is being removed so that the kitchen expansion will stay within the existing footprint. The bedrooms are being expanded to add work space. Mr. Richman asked for the earlier referenced supporting documentation from the neighbors. Mr. Minieri presented the Board with signed letters from several neighbors in support of the application. Letters in support were submitted by the following neighbors: Elaine &Marc Hertz 204 Country Ridge Drive Kenneth and Fran Frankel 208 Country Ridge Drive Sharon and Steven Ketchabaw 237 Country Ridge Drive Donna and Ronald Schinik 229 Country Ridge Drive Mr. Moscato called for members of the public wishing to address the Board in support or opposition to the application. There being no one,he read a letter from a neighbor in opposition to the application. The letter was from the owner at 200 Country Ridge Drive. Zoning Board of Appeals March 5,2013 Page Mr. Moscato called for a motion to close the public hearing. On a motion made by Mr. Kaminsky, and seconded by Mr. Berger,the public hearing was closed and the Board began deliberation. The consensus of the Board was that the variances requested were substantial. However, it was noted that the variances being requested because of the non-conformity are not as large as they seem. In order to reduce impervious surface, and lessen the unenclosed off-street parking variance, the width of the driveway could be reduced to 12'. Mr. Moscato felt that removing the circular driveway would reduce the size of the requested impervious coverage variance, and eliminate one variance requested. Mr. Epstein noted that the circular driveway is so much safer the way that it is because no one has to back out onto the main road. Mr. Moscato noted that the circular driveway allows for parking and the cars are brought closer to the street. He questioned if the additional parking was needed. Mrs. Epstein noted that they are now a family of four drivers. The driveway is approximately 250 square feet with a small turn around area near the garage. The Applicants believed that removing circular driveway would create a safety hazard. Attorney Gray noted that requested modifications to the driveway will impact the size of the impervious surface coverage variance. She stated that the Board should not move forward until the revised figures have been submitted and reviewed by the Building Department. Mr. Minieri noted that he would review the decrease in the width of the driveway with the applicant and make a submission within the week. On a motion made by Mr. Kaminsky, and seconded by Mr. Berger,the matter was adjourned to the next meeting of the Zoning Board of Appeals, to be held in April. Mr. Epstein thanked the Board for their efforts. 3) #13-005 Nancy B. Ruskin 7 Doral Greens Drive West,Rye Brook,NY Alan S. Berk 41 Doral Greens Drive West, Rye Brook,NY Re: 1100 King Street—Proposed Sports Amenity Requesting a specific interpretation of the Zoning Ordinance of the Village of Rye Brook Clifford L. Davis, Esq., attorney for the applicants, addressed the Board. He noted that the applicants were requesting an adjournment since there was not a full complement of the Board in attendance. He noted that they would like to be heard at the April meeting. Zoning Board of Appeals March 5,2013 Page On a motion made by Mr. Berger, and seconded by Mr. Kaminsky, the matter was adjourned. 4) Approval of the February 5,2013 Zoning Board Summary Mr. Moscato called for a motion on the February 5, 2013 summary. Mr. Berger noted that he had submitted comments on the summaries.. As the changes were not deemed substantial, Mr. Berger made a motion to adopt the summary, as amended,which was seconded by Mr. Kaminsky. The summary was approved by four aye votes, and zero nayes. j a There being no further business before the Board, the meeting was adjourned at 9:09 P.M. E 6 I i 1 i Zoning Board of Appeals March 5,2013 Page a {