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HomeMy WebLinkAbout2013-05-07 - Zoning Board of Appeals Meeting Minutes i ZONING BOARD OF APPEALS 938 King Streets y � 3 Tuesday,May 7,2013 •^� Meeting at 8:00 p.m. AGENDA JUN 5 2013 VILLAGE OF RYE BROOK 1) #13-308 William A. Summa BUILDING DEPARTMF;MT 557 Westchester Avenue Legalize the two family conversion, permitted 4/11/1974 under permit# 1950. 2) #13-007 Jeffrey and Kimberly Richman 42 Meadowlark Road Construct a second-story addition 3 Approval of the January 15,2013 March 5 2013 and April 2 2013 Zoning n g Board Summaries BOARD: Andrew Kaminsky l Jeffrey Richman Joel Simon Steve Berger, Acting Chairman 'I Excused: Don Moscato f STAFF: Michael Izzo, Building Inspector Jennifer Gray,Esq.,Village Counsel Fred Seifert,Access Coordinator Paula Patafio, Meeting Secretary Mr. Steven Berger, Acting Chairman,welcomed everyone to the May 7, 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 Don Moscato, Chairman, 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 exercise this option at this time. Mr. Berger 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: Zoning Board of Appeals May 7,2013 Page t 1) #13-308 William A. Summa 557 Westchester Avenue Legalize the two family conversion, permitted 4/11/1974 under ° permit# 1950. Vince DiCarlo, representative for the applicant, addressed the Board. He noted that the applicant, Mr. Summa, was unable to attend. There are three (3) variances being requested. The first is for a total of two side yards setback, the second is a floor area variance, and the third is in connection with changes to the exterior of the building. The two-family conversion was permitted in 1974 by the Town of Rye. Mr. Summa attempted to turn on the utilities in the second floor apartment after the apartment had '? been vacant for many years. Con Edison refused to turn on the utilities because there was A no Certificate of Occupancy issued for this apartment. Mr. Summa has paid taxes on a based on the premises being a two-family home since 1974. There is no new construction. Mr. DiCarlo noted there is interior work that needs to be done, such as installation of smoke detectors, before a tenant will occupy the second floor apartment. 'J Mr. Berger noted that these are safety issues. Mr. Izzo, Building Inspector, noted that the plans will be reviewed for New York State Code compliance and a series of inspections will take place. The safety issues will be reviewed. If there is work that needs to be done to bring the house into compliance, then that work will need to be done before a tenant may occupy the apartment. The homeowner resides on the first floor. He noted that three (3)variances were required. j Mr. Berger called for members of the public wishing to address the Board. There being no one, he called for a motion to close the public hearing. On a motion made by Mr. Simon, and seconded by Mr. Kaminsky, the public hearing was closed with a vote of four.ayes. Mr. Berger read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by William A. Summa for (1) 6.5 foot total of two side yards setback variance from Village Code §250-25(F)(2)(b); (2) 70 square foot minimum floor space variance from Village Code §250-25(L)(2)(a); and (3) a variance from the requirement of Village Code §250- 25(L)(2)(b) that no changes are to be made to the exterior appearance of a building when an existing dwelling is converted for use by more than one family, in connection with the h proposed legalization of the two family conversion, permitted 4/11/1974 under permit #1950, on property located at 557 Westchester Avenue, in an R2-F zoning district on the North side of Westchester Avenue, approximately 200 feet form the intersection of North Ridge Street and Westchester Avenue. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.83-1-13; and WHEREAS, a duly advertised public hearing was held on May 7, 2013, at which time all those wishing to be heard were given such opportunity; and Zoning Board of Appeals May 7,2013 Page i I i . 1 WHEREAS, the proposed action is a Type II action pursuant to the New York 1 State Environmental Quality Review Act and, accordingly, no further environmental review is required; and r WHEREAS, the Board from the application, after viewing the premises and neighborhood concerned, ad upon considering each of the factors set forth at Section 250- 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the total of two side yards setback variance: 1) The variance will not create an adverse 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 5) The need for the variance is self-created; and WHEREAS, the Board from the application, after viewing the premises and neighborhood concerned, ad upon considering each of the factors set forth at Section 250- 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the minimum floor space variance: 1) The variance will not create an adverse 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 5) The need for the variance is self-created; and WHEREAS, the Board from the application, after viewing the premises and neighborhood concerned, ad upon considering each of the factors set forth at Section 250- 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the variance from the requirement of Section 250-25(L)(2)(b) that no changes shall be made to the exterior appearance of the building 1) The variance will not create an adverse 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 May 7,2013 Page 7 0 5) The need for the variance is self-created; and �l J NOW, THEREFORE, BE IT RESOLVED, that the said application for the total of two side yards setback variance is hereby granted; said application for the minimum required floor space variance is hereby granted; and said application for the variance from the requirement of Section 250-25(L)(2)(b) that no changes shall be made to the exterior appearance of the building is hereby granted. Dated: May 7, 2013 Steven Berger, Acting Chairman Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye Steven Berger, Acting Chairman Voting Aye The resolution passed on a vote of four ayes to zero nays. M Zoning Board of Appeals May 7,2013 Page i VILLAGE OF RYE BROOK � F ZONING BOARD OF APPEALS MAY - 2013 VILLAGE CLE 1L�A�E aDM�N1S3RpTOR RESOLUTION CLERK'S OFFICE i WHEREAS, application has been made to the Zoning Board by William A. Summa for (1) 6.5 ft. total of two side yardsfivariance from Village Code X250-25(F)(2)(b); i (2) 70 s.f. minimum floor space variance from Village Code X250-25(L)(2)(a); and (3) a I variance from the requirement of Village Code 5250-25(L)(2)(b) that no changes are to be I made to the exterior appearance of a building when an existing dwelling is converted for use by more than one family, in connection with the proposed legalization of the two family conversion, permitted 4/11/1974 under permit # 1950, on property located at 557 Westchester Avenue, in an R2-F zoning district on the North side of Westchester Avenue, approximately 200 feet from the intersection of North Ridge Street and Westchester Avenue. Said premises being known and designated on the tax map of the Village of Rye ( Brook as Parcel ID# 135.83-1-13; and WHEREAS, a duly advertised public hearing was held on May 7, 2013, at which time all those wishing to be heard were given such opportunity; 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 Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors set forth at Section 250- 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the total of two side yards setback variance: 1) The variance -[SWILL NOT] create an adverse impact to the character of the neighborhood; 2) The benefit the applicant seeks j --t -CANNOT] be achieved through i another method, feasible for the applicant to pursue, that does not require d a variance; !� ) 3) The variance [IS/194444-j substantial; _ 4) The variance �f WILL NOT] create any adverse impacts to the physical or environmental conditions of the neighborhood;and 5) The need for the variance gS#t;Xt(��q�] 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- 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the minimum floor space variance: 1) The variance [ �WILL NOT] create an adverse 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/4P substantial; 4) The variance r74PWWILL NOT] create any adverse impacts to the physical or environmental conditions of the neighborhood; and ? 5) The need for the variance [IS/ '] 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- 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the variance from the requirement of Section 250-25(L)(2)(b) that no changes shall be made to the exterior appearance of the building: 1) The variance /WILL NOT] create an adverse impact to the character of the neighborhood; 2) The benefit the applicant seeks JC.= !'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 5) The need for the variance [IS/49 ] self-created. NOW, THEREFORE, BE IT RESOLVED, that the said application for the total of two side yards setback variance is hereby [GRANTEDf9CM=]J; said application for the minimum required floor space variance is hereby [GRANTED7igcg; 8]; and said application for the variance from the requirement of Section 250-25(L)(2)(b) that no changes shall be made to the exterior appearance of the building is hereby [GRANTED#]F- ], 2. ; and ! 3. Dated: May 7, 2013 Mr. Steven B ger, Acting Chairman Mr. Berger called the roll: Andrew.Kaminsky Voting: Aye Nay Abstain Absent Don Moscato Voting: Aye Nay Abstain Absent Jeffrey Richman Voting: v."' Aye Nay Abstain Absent Joel Simon Voting: fAye Nay Abstain Absent Steven Berger Voting: �,/ Aye Nay Abstain Absent Ayes 0 Nays } Abstain Absent 1 } i I 2) #13-007 Jeffrey and Kimberly Richman 42 Meadowlark Road Construct a second-story addition Mr. Richman recused himself as the applicant in this matter. John Scarlato, Jr., architect, addressed the Board. Mr. Izzo noted that the plans have been scaled back after discussions with the architect and applicant. The applicant is before the Zoning Board for one variance in connection with an existing non-conformity in the front yard setback as a result of 2003 zoning amendments. Mr. Scarlato noted that the second-story addition will make the entire house a two-story home. The construction will take place over the garage. Mr. Berger called for members of the public wishing to address the Board on this matter. There being no one, he called for a motion to close the public hearing. On a motion made by Mr. Simon, and seconded by Mr. Kaminsky, the public hearing was closed by a vote of four(4) ayes and zero (0)nays Mr. Berger read the following resolution: j RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Jeffrey and Kimberly Richman for a 4.25 foot front yard setback variance from Village Code §250-19(G)(1)(a) in connection with the proposed second story addition on property located at 42 Meadowlark Road, in an R-20 Zoning District on the East side of Meadowlark Road, approximately 50 feet from the intersection of Meadowlark Road and Oriole Place. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 129.84-1-15 WHEREAS, a duly advertised public hearing was held on May 7, 2013, at which time all those wishing to be heard were given such opportunity; 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 Board from the application, after viewing the premises and neighborhood concerned, ad upon considering each of the factors set forth at Section 250- 13 (G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the front yard setback variance: ' Zoning Board of Appeals May 7,2013 Page I i a i 1) The variance will not create an adverse impact to the character of the jneighborhood; 2) The benefit the applicant seeks cannot be achieved through another method, feasible for the applicant to pursue that does not require a variance; J 3) The variance is 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; and NOW, THEREFORE, BE IT RESOLVED, that the said application for the front yard setback variance is hereby granted. Dated: May 7, 2013 Steven Berger, Acting Chairman Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Recused Steven Berger, Acting Chairman Voting Aye The resolution passed on a vote of three ayes to zero nays. Zoning Board of Appeals May 7,2013 Page i VILLAGE OF RYE BROOK MAY - ZONING BOARD OF APPEALS 2013 IIS VI A �� gpi�1NISTRAIOR CLERKS OFFICE a { WHEREAS, application has been made to the Zoning Board by Jeffrey Richman & Kimberly Richman for a 4.25 ft. front yard setback variance from Village Code 5250- j 19(G)(1)(a), in connection with the proposed I i 2nd story addition, on property located at 42 Meadowlark Road, in an R-20 zoning district on the east side of Meadowlark Road, approximately 650 feet from the intersection of Meadowlark Road and Oriole Place. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 129.84-1-15; and WHEREAS, a duly advertised public hearing was held on May 7, 2013, at which time all those wishing to be heard were given such opportunity; 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 Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors set forth at Section 250- 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the front yard setback variance: 1) The variance Ii*4WILL NOT] create an adverse 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/4�.=] substantial; 4) The variance -I WILL NOT] create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance [SIS NOT] self-created. i 7 I� NOW, THEREFORE, BE IT RESOLVED, that the said application for the front yard setback variance is hereby [GRANTED/- � or �mee�keg-6eo�rs: 2. ; and 3. Dated: May 7, 2013 zo- 1 Mr. Steven Berger,Acting Chairman Mr. Berger called the roll: Andrew Kaminsky Voting: Aye Nay Abstain , Absent Don Moscato Voting: Aye Nay Abstain ✓ Absent 'j Jeffrey Richman Voting: Aye Nay Abstain Absent Joel Simon Voting: ✓ Aye Nay Abstain Absent Steven Berger Voting: ✓ Aye Nay Abstain Absent l Ayes Nays Abstain Absent eC,�Se� i I 1 's 3) Approval of the January 15,2013,March 5,2013, and April 2,2013 Zoning I Board Summaries Mr. Berger asked that the summaries be reviewed separately. He called for comments on the January 15, 2013 and March 5, 2013 summaries. Comments have been submitted, and the summaries were approved as amended. Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye j Steven Berger, Acting Chairman Voting Aye The resolution passed on a vote of four ayes to zero nays. The consensus of the Board was to hold the April 2, 2013 summary for review and on the next month's agenda. Mr. Berger requested that the Board enter Executive Session to discuss pending litigation. On a motion made by Mr. Kaminsky and seconded by Mr. Richman, the Board went into Executive Session. Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye Steven Berger,Acting Chairman Voting Aye Upon the Board's return, Mr. Berger noted that the discussion was in connection with litigation filed against the Zoning Board by Ms. Ruskin and Mr. Burk in connection with the Reckson application. On a motion made by Mr. Simon, and seconded by Mr. Kaminsky, the meeting was adjourned at 8:35 p.m. Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye Steven Berger, Acting Chairman Voting Aye Zoning Board of Appeals May 7,2013 Page