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HomeMy WebLinkAbout2012-10-02 - Zoning Board of Appeals Meeting Minutes APE VILLAGE OF RYE BROOKUaE 938 King Street- —.,�,.. Zoning Board of Appeals _ October 2, 2012 ® E 0 V L Meeting at 8:00 p.m. NOV - 7 2012 AGENDA VILLAGE OF RYE BROOK BUILDING DEPARTMENT 1) #12-011 Mr.Michael Grandazzo (Adjourned from 9/4/20. 2) 11 Maple Court Legalize existing deck, swimming pool and enclosed porch addition 2) #11-643 Mr. & Mrs. Jason Klein 68 Valley Terrace Construct an entire Second Floor addition;two story side addition; new frontortico; and interior alterations p .. 3) #12-016 Mr. & Mrs. Christopher Carelli 41 Mohegan Lane Construct a new front porch and second-story addition 4) Approval of August 7, 2012 & September 4, 20122 Zoning Board Summaries IIII . BOARD: Steve Berger Andrew Kaminsky Jeffrey Richman Joel Simon pDan Moscato, Chairman STAFF: Michael Izzo, Building Inspector Jennifer Gray,Esq., Village Counsel Fred Seifert,Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees ill Liaison: Trustee David Heiser Mr. Donald Moscato, Chairman, welcomed everyone to the October 2, 2012 Zoning IIS Board of Appeals meeting. He called the meeting to order and introduced Village Staff j 1 and Counsel. Mr. Moscato asked that individuals addressing the Board speak at the podium, and state their names, application, position, and nature of the variance. s Mr. Moscato called for the first item on the agenda: 1) #12-011 Mr. Michael Grandazzo q (Adjourned from 9/4/2012) H 11 Maple Court { Legalize existing deck, swimming pool and enclosed porch addition a Mr. Moscato noted that counsel for applicant, Lawrence D. Engle, Esq., has requested an adjournment again this month to allow for additional time to submit the supplemental documentation regarding Stormwater Management requirements of the Village Code. Mr. Moscato called for the consensus of the Board, and a motion to adjourn to the November 6, 2012 meeting. On a motion made by Joel Simon, and seconded by Steve Berger, the matter was adjourned. Mr. Moscato called the roll: Steven Berger Voting Aye Joel Simon Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye Don Moscato Voting Aye Mr. Moscato called for the second item on the agenda: '{ 2) #11-643 Mr. & Mrs. Jason Klein 68 Valley Terrace Construct an entire Second Floor addition; two story side addition; new front portico; and interior alterations Mr. John Scarlato, architect for the applicant, addressed the Board. He noted that this i, home is a cape-style home with no garage and a small basement. The applicant has proposed a second floor addition; a two-story side addition; a new front portico; and interior alterations. The proposed construction requires a variance for the gross floor area. The allowable gross floor area is 3,221 square feet and the applicants propose 3,710.5 square feet. This application has already been before the Planning Board where the plans were revised to reduce the proposed impervious coverage and eliminate the need for an impervious surface coverage variance. In addition, the applicant has created a -2- rain garden as part of the stormwater management plan. No basement will be added i` because in order to add a basement the house would have need to be torn down. Mr. Scarlato noted that the architecture of the house will not be out of character with the neighborhood, and the variance requested is consistent with other homes in the area. The plans were scaled back and the variance being requested is the smallest possible variance e in order to accomplish the goals of the applicant. Mr. Scarlato resented the needed IIII p g pP P Board with comparables for the area. Mr. Moscato called for questions from the Board. There being none, he called for members of the public wishing to address the Board in support or opposition to the application. With no comments or questions, Mr. Moscato called for a motion to close the public portion of the hearing. II On a motion made by Joel Simon, and seconded by Steve Berger, the public hearing was closed and the Board began deliberation. The Board discussed the size of the variance, and addressed the factors used in approving or disapproving variance requests. Upon completion of the discussion, Mr. Moscato read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. and Mrs. Jason Klein for a 489.5 square foot gross floor area variance, in connection with the proposed construction of a two-story addition; a two-story side addition; new front portico and interior alterations, on property located at 68 Valle Terrace, in an R-17 P P p Y Y Zoning District on the west side of Valley terrace, approximately 400 feet from the intersection of Argyle Road and Valley Terrace. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID #135.511-71; and WHEREAS, a duly advertised meeting was held on October 2, 2012, 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 QualityReview Act and accordingly no further environmental g review is required. 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 gross floor area variance: 1) The variance will not create an adverse impact to the character of the neighborhood; �I j -3- .III 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; j 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 gross floor area variance is hereby granted. 9 0 Dated: October 2, 2012 Donald Moscato, Chairman Mr. Moscato called the roll: Steven Berger Voting Aye Andrew Kaminsky Voting Aye Jeffrey Richman Voting Aye Joel Simon Voting Aye Don Moscato Voting Aye The resolution was adopted on a vote of 5 ayes to 0 Nays. SII i. j f -4- 1 I, E C E a VILLAGE OF RYE BROOKR OCT 3 2 ZONING BOARD OF APPEALS RESOLUTION VILLAGE ADMINISTRATOR I WHEREAS, application has been made to the Zoning Board by Mr. and Mrs. Jason Klein for a 489.5 sq. ft. gross floor area variance, in connection with the proposed construction of a 2nd story addition; 2 story side addition; new front portico and interior alterations, on property located at 68 Valley Terrace, in an R\7 zoning district on the west side of Valley Terrace, approximately 400 feet from the intersection of Argyle Road and E Valley Terrace. Said premises being known and designated on the tax: map of the Village of i Rye Brook as Parcel ID# 135.51-1-71; and I WHEREAS, a duly advertised public hearing was held on October 2, 2012, 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 thea application, g premises after viewing the remises and PP 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 gross floor area variance: 1) The variance {K= , WILL NOT] create an adverse impact to the character of the neighborhood; 2) The benefit the applicant seeks [ EANNOT] 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 [ISS self-created. NOW, THEREFORE, BE IT RESOLVED, that the said application for the Y - gross floor area variance 's hereby [GRANTED-,' 4r-,& . +'� F^"^- s f f' 1. 2. ; and Dated: October 2, 2012 Mr. Don Moscato, Chairman F Mr. Moscato called the roll: / Steven Berger Voting: /Aye Nay Abstain Andrew Kaminsky Voting: V Aye Nay Abstain Jeffrey Richman Voting: -7'Aye Nay Abstain Joel Simon Voting: dye Nay Abstain Don Moscato Voting. ,/ Aye Nay Abstain P5 Ayes (C) Nays C7 Abstain I I I i 3) #12-016 Mr. & Mrs. Christopher Carelli 41 Mohegan Lane Construct a new front porch and second-story addition Mr. Raul Bello, the architect for the applicant, addressed the Board. He noted the proposed construction included an addition over the garage and a new front porch. The house is located in an R-12 Zoning District. The front porch will require a 1.75 ft. single side and setback variance and 0.95 ft. total of two side yards setback variance. Mr. Bello Y stated his opinion that the variance request is modest and that the construction is in keeping with the character of the neighborhood. The shape of the house and location of the house on the lot make the variance request necessary. The proposed porch does not extend the length of the house. The existing, smaller porch is conforming. s Mr. Kaminsky asked for a comparison of existing front porch and proposed front porch. Mr. Michael Izzo, Building Inspector, noted that the plans show the existing porch and the proposed porch side-by-side. Mr. Simon suggested that the Board condition approval of the variance on the condition that the porch remain an unenclosed area. ( Mr. Moscato called for questions from the Board or questions/comments from members of the public. There being no further questions from Board members, and no members of the public wishing address the Board in support or opposition, Mr. Moscato called for a motion to close the public portion of the hearing. On a motion made by Joel Simon, and seconded by Steve Berger, the public hearing was ! closed and the Board began deliberation. The Board discussed the factors used in approving or disapproving variance requests, noting that the variance is not substantial and the shape of the lot is driving the need for the requested variances. Mr. Moscato read the following resolution: I RESOLUTION f WHEREAS, application has been made to the Zoning Board by Mr. and Mrs. Christopher Carelli for a 1.75 foot single side yard setback variance, and a 0.95 foot total of two side yards setback variance, in connection with the proposed construction of a new front porch and second story addition, on property located at 41 Mohegan Lane, in an R- 12 zoning district, on the north west side of Mohegan Lane, approximately 400 feet from 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 Parcel ID #135.41-1-29; and WHEREAS, a duly advertised meeting was held on October 2, 2012, at which - time all those wishing to be heard were given such opportunity; and -7- ii 0 ~i 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. WHEREAS, the Board, from the application, after viewing the premises and h Section neighborhood concerned and upon considering each of the factors set fort at S g � p g 250-13 G 2 b 2 a - e of the Rye Brook Code finds with respect to the single side yard setback variance, and 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; i 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 above variances are hereby granted on the following condition: 1) The front porch shall remain unenclosed. Dated: October 2, 2012 Donald Moscato Chairman Mr. Moscato called the roll: Steven Berger Voting Aye IIIA Andrew Kaminsky Voting Aye j Jeffrey Richman Voting Aye Joel Simon Voting Aye Don Moscato Voting Aye The resolution was adopted on a vote of 5 ayes to 0 Nays. -8- a G. RFE- CE VILLAGE OF RYE BROOKZONING BOARD OF APPEALS �]� I` RESOLUTION VILLAGE ADMINISTRATOR E WHEREAS, application has been made to the Zoning Board by Mr. and Mrs. Christopher Carelli for a 1.75 ft. single side yard setback variance and a 0.95 ft. total of two side yards setback variance, in connection with the proposed construction of a new front porch & 2nd story addition., on property located at 41 Mohegan Lane, in an R-12 zoning I ! district on the north west side of Mohegan Lane, approximately 400 feet from 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 Parcel ID# 135.41-1-29; and WHEREAS, a duly advertised public hearing was held on October 2, 2012, 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- S� 13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the variance: 5G0r(� VAA ahW- 1) The variance WILL NOT] create an adverse impact to the ok character of the neighborhood; 1 6� 2) The benefit the applicant seeks {C— Tom-CANNOT] be achieved through 'IN� another method, feasible for the applicant to pursue, that does not require S14 a variance; �aA�S 3) The variance-ff-S-/IS NOT] substantial; 4) The variance fFv�X ILL NOT] create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance [ISr- � self-created. NOW, THEREFORE, BE IT RESOLVED, that the said application for the �bV-e' �a.v� . varianc*hereby [GRANTED, on the following conditions: J 1. -FYirrifi Dbrl/1A .�'hkl j rtWW n VYi tivt-aok d ; 2. ; and 4 Dated: October 2, 2012 / G Mr. Don Moscato, Chairman I Mr. Moscato called the roll: Steven Berger Voting: ' Aye Nay Abstain Andrew Kaminsky Voting•. �Aye Nay Abstain Jeffrey Richman Voting. Aye Nay Abstain Joel Simon Voting: Aye Nay Abstain Don Moscato Voting: ✓ Aye Nay Abstain Ayes Q Nays O Abstain s i i I �1 i _i 4) Approval of August 7, 2012 and September 4, 2012 Zoning Board Summary Attorney Jennifer Gray, Esq., Village Counsel noted that the August 7, 2012 n distributed to the Board for action tonight and will need to be summa was of u g d'ourned to the November 6 2012 meeting. a v J � g Mr. Moscato called for the approval of the September 4, 2012 summary. k On a motion made by Joel Simon, and seconded by Steve Berger, the summary was adopted. Y There being no additional before the Board, Mr. Moscato called for a motion to adjourn. On a motion made by Joel Simon, and seconded by Steve Berger, the meeting was adjourned at 8:30 p.m. —11— a