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Home My WebLink About2013-06-04 - Zoning Board of Appeals Meeting Minutes Ili ZONING BOARD OF APPEALS EA D f'� 2 938 King Street �,,, 1=J Tuesday,June 4,2013 Meeting at 8:00 p.m. FR F �VIE V/ l JUL 24 203 .1D AGENDA VILLAGE OF RYE BROOK 1) #12-023 Mr. & Mrs. Christopher Korpi BUILDING DEPARTMENT 22 Beechwood Boulevard Legalize the location of the generator installed under permit#5175 j issued 9/1/2010. 3) Approval of the April 2,2013 and May 7,2013 Zoning Board Summaries BOARD: Andrew Kaminsky I Jeffrey Richman Joel Simon j� Steve Berger, Acting Chairman Excused: Don Moscato, Chairman STAFF: Michael Izzo, Building Inspector Jennifer Gray, Esq., Village Counsel Fred Seifert, Access Coordinator Paula Patafio, Meeting Secretary LIASON BOARD OF TRUSTEES: Trustee David Heiser Mr. Steven Berger, Acting Chairman, welcomed everyone to the June 4, 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 the applicant would need three yes votes in order for the resolutions to be approved. The applicant was offered the opportunity to adjourn to next month's meeting, when there should be a full complement of the Board. The applicant did not wish to exercise this option at this time. Zoning Board of Appeals June 4,2013 Page 1 Mr. Berger introduced council and staff, and 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) 912-023 Mr. & Mrs. Christopher Korpi 22 Beechwood Boulevard Legalize the location of the generator installed under permit#5175 issued 9/1/2010. Mark Mostacato, architect, addressed the Board. He noted that the property is heavily screened. He previously submitted the original plans for the generator and the as-built survey. The installation manual upon which the approved plans were based contained different information regarding the proper location of the generator than the installation manual used by the electrician at the time of installation. The electrician set the generator closer to the property line to meet what he thought were the correct setbacks based on the manual used at the time of installation. The as-built survey shows that variances are now required. The first variance is for single side yard setback where 15 feet is required and 14 feet now exists. The second is a variance for the total of two side yard setbacks where 40 feet is required and 37.73 feet now exists. Mr. Mostacato noted that there it would be financially infeasible for the applicant to move the generator, the error was not intentional, and the variances being requested are not substantial. The permit for the installation of this generator is from 2010. Mr. Andrew Kaminsky asked if a condition could be placed on the granting of the variances whereby the variance would be applicable only to the generator and not to any future build-out of the house. Attorney Jennifer Gray responded that similar conditions have been placed on variances in the past and it would be a reasonable condition in this instance. Mr. Berger called for members of the public wishing to address the Board in support or opposition to the application. Attorney for the owner of property located at 20 Beechwood Boulevard, Pamela Pagnani, Esq., addressed the Board. She noted that the need for the variance is self-created and the opposition stems from the noise emanating from the generator. Mr. Michael Izzo, Building Inspector, noted that Mr. Klugman, the owner of 20 Beechwood does not reside at that address. The home is being sold. Attorney Pagnani stated that someone will live there. The generator is near the garage, which has a bedroom above it. The noise will affect the new homeowner. Mr. Klugman presented photographs of his property to the Board. He noted that he believes this generator generates close to 70 to 80 decibels of noise. Zoning Board of Appeals June 4,2013 Page 2 f I _ Mr. Izzo stated that the application as permitted complied with the Code. He noted that the setbacks for the generator are shown on the plans, as are the property lines. The generator was installed 4 feet closer than was permitted. The variance required is a 1 foot side yard setback variance. The top of the generator is below the window, and when running meets requirements regarding decibels allowed at 23 feet. The requirement is 75 dba at 23 feet; and a five foot separation between the generator and any openings into the dwelling. The original plans showed the generator to be 18 inches from the wall. Mr. Kaminsky pointed out that the generator runs when the electricity goes off. It tests once a week. There being no one else wishing to address the Board in support or opposition, Mr. Berger 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. The Board deliberated and discussed a condition whereby the variance would apply only to the existing generator to prevent sheds or expansions of the dwelling to extend to the setback being considered for the generator. Mr. Berger read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Mr. & Mrs. Christopher Korpi for a one foot side yard from Village Code §250-41.B.(3) and 250-19.1G.(2)(a) and 2.27 foot total of two side yards setback variance from Village Code §25019.1.G.(2)(a), in connection with the proposed legalization of the location of a generator, installed under permit #5175 issued 9/1/2010, on at 22 Beechwood Boulevard, in an R-25 zoning district on the south side of Beechwood Boulevard, approximately 600 feet from the intersection of Beechwood Boulevard and Woodland Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 136.29-1-10; and WHEREAS, a duly advertised public hearing was held on June 4, 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 side yards setback variance: Zoning Board of Appeals June 4,2013 Page 3 I 1) The variance will not create an adverse impact to the character of the neighborhood; 2) The benefit the applicant seeks can be achieved through another method, feasible for the applicant to pursue, that does not require a variance; 3) The variance is 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 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 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 can be achieved through another method, feasible for the applicant to pursue that does not require a variance; 3) The variance is 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 self-created; and NOW, THEREFORE,BE IT RESOLVED,that the said application for the side yard setback variance is hereby granted, and said application for the total of two side yards setback variance is hereby granted, on the following conditions: 1) Variances shall apply only to the existing generator and any in-kind replacement. Dated: June 4, 2013 Steven Berger, Acting Chairman Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Nay Steven Berger, Acting Chairman Voting Aye The resolution passed on a vote of three ayes to one nay. i Zoning Board of Appeals June 4,2013 Page 4 I i I I r � � L6 VILLAGE OF RYE BROOK ji ZONING BOARD OF APPEALS IN�ST RESOLUTION ;VILLgGf gDMJRq TOR WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Christopher Korpi for (1) 1 ft. side yard setback variance from Village Code �§250- 4.1.B.(3) and 250-19.1.G.(2)(a); and (2) 2.27 ft. total of two side yards setback variance from Village Code §§250-4.1.B.(3) and 250-19.1.G.(2)(a), in connection with the proposed legalization of the location of the generator installed under permit #5175 issued 9/1/2010, on property located at 22 Beechwood Boulevard, in an R-25 zoning district on the south side of Beechwood Boulevard, approximately 600 feet from the intersection of Beechwood Boulevard and Woodland Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 136.29-1-10; and WHEREAS, a duly advertised public hearing was held on June 4, 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 side yard setback variance: 1) The variance [WILL/ ILL NO create an adverse impact to the character of the neighbor'oo ; 2) The benefit the applicant seeks [CAIt CANNOT] be achieved through another method, feasible for the a plato pursue, that does not require a variance; 3) The variance [IS IS ISO spti tan 'al; 4) The variance [WIL ILL NOT] create any adverse impacts to the physical or environmenta,car ditions of the neighborhood; and 'tl i 5) The need for the varian e [IS IS NOT] self-created; and WHEREAS, the Board, from t 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 [WILL WILL NO create an adverse impact to the character of the neighborhood 2) The benefit the applicant seeks CAN/CANNOT] be achieved through another method, feasible for the app cant to pursue, that does not require a variance; "". 3) The variance [ISIS NO su sxa�tial; 4) The variance [WI ILL NO\ create any adverse impacts to the physical or environmental c,5- is ns of the neighborhood; and 5) The need for the varianc [IS1IS NOT] self-created. NOW, 'THEREFORE, BE IT RESOLVED, that the said application for the side yard setback variance is hereby [ RANTED DENIED]; and said application for the total of two side yards variance is hereby GRANTED/DENIED], on the following conditions: isk 1�\G '. I,,\-.r 0-1j, 0-� t 1S rL-�' r D\!:10? ; Dated: June 4, 2013 Mr. Steven Berger, A 'ng Chairman Acting Chairman Berger called the roll � @4498 Eli Andrew Kaminsky Voting: ✓Aye Nay Abstain Absent Don Moscato Voting: Aye Nay Abstain ✓Absent Jeffrey Richman Voting: .Aye vZNay Abstain Absent Joel Simon Voting: ✓A t Nay Abstain Absent Steven Berger Voting: ✓Aye Nay Abstain Absent 3 Ayes Nays Abstain 1 Absent Acting Chairman Berger called the ro for the total of two e yards setback varia e: Andrew Kaminsky V ting: Aye ay bstain bsent Don Moscato oting: Aye Nay Abstain Absent Jeffrey Richman Voting: Aye Nay Abst ' Absent Joel Simon Voting: - y Nay Ab ain Absent Steven Berger Voting: ye Nay bstain Absent �3 Ayes I Na stain VAbsent I i 2) Approval of the April 2,2013 and May 7,2013 Zoning Board Summaries Mr. Berger called for review of the two summaries on the agenda On a motion made by Mr. Simon, and seconded by Mr. Kaminsky, the April 2, 2013 summary was approved as amended. Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye Steven Berger,Acting Chairman Voting Aye The motion passed on a vote of four ayes to zero nays. On a motion made by Mr. Simon, and seconded by Mr. Kaminsky, the May 7, 2013 summary was approved. Mr. Berger called the roll: Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye Steven Berger, Acting Chairman Voting Aye The motion passed on a vote of four ayes to zero nays. There being no further business before the Board, Mr. Berger adjourned the meeting at 8:36 p.m. ( ) Zoning Board of Appeals June 4,2013 Page 8