Loading...
HomeMy WebLinkAbout2011-03-01 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK 938 King Street Zoning Board of Appeals March 1, 2011 Meeting at 8:00 p.m. AGENDA 1) #09-581 MR. BRIAN ROTHSCHILD 52 Lincoln Avenue Legalize gas fired generator installed within required total of two side yards setback of 40 feet. 2) APPROVAL OF JANUARY 4, 2011 ZONING BOARD SUMMARY 3) DISCUSSION: ZBA Rules of Procedures BOARD: Don Moscato, Chairman Steve Berger Andrew Kaminsky Joel Simon Excused: Michele Fredman STAFF: Michael Izzo, Building Inspector Jennifer Gray, Esq., Village Counsel Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary BOARD OF TRUSTEE LIAISON: Trustee Jeffrey Rednick Mr. Don Moscato, Chairman, welcomed everyone to the March 1, 2011 Zoning Board of Appeals meeting. He called the meeting to order and introduced Village Staff and Counsel. He noted that Michele Fredman was excused from the meeting, leaving four members of the Zoning Board present. Although a quorum and able to hear matters, in order to be approved the applicant would require three (3) yes votes. He offered the applicant the opportunity to be adjourned to the April meeting. The applicant, Mr. Brian Rothschild, chose to move forward. Mr. Moscato asked that individuals addressing the Board speak at the podium, state their names, application, position, and nature of the variance requested. Zoning Board of Appeals March 1,2011 Page 1 1) #09-581 MR. BRIAN ROTHSCHILD 52 Lincoln Avenue Legalize gas fired generator installed within required total of two side yards setback of 40 feet. Mr. Brian Rothschild, applicant, addressed the Board. He noted that the generator that was the subject of the application was installed five (5) years ago by a licensed contractor who completed the application process for them. Unfortunately, the applicant recently discovered that the Certificate of Occupancy was never issued. In review it was discovered that the generator was incorrectly positioned at the time of installation. The applicant noted that there is over 1000 feet between his home and the neighboring homes, the generator is positioned near air conditioning equipment, and that it would be an extreme hardship to move the generator at this time. The applicant asked that the 3' variance be approved. Andrew Kaminsky asked why the generator was improperly placed. Mr. Rothschild noted that the contractor took care of everything and although not certain why the generator was placed where it was, it was placed in an area that is well buffered and landscaped. Unless you are looking for the generator, you do not see it. Michael Izzo, Building Inspector, noted that a permit was issued when the application was made. Unfortunately, the contractor did not position the generator correctly. He did note, however, that the generator meets the manufacturer's specifications regarding placement. Mr. Moscato asked that Mr. Izzo review the Village's Code regarding generators for the Board. Mr. Izzo stated that a generator is treated the same as a structure. It would need to meet setback requirements just like any other structure. He also noted that noise is taken into consideration, and this generator has met the noise standards of the Code. Mr. Izzo stated that Section 250-4.1 of the Village's Code clearly states the positioning of the generator. 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 called for a motion to close the public hearing. On a motion made by Steve Berger, and seconded by Joel Simon, the public hearing was closed. The Board began deliberation, and prepared the following resolution which was read into the record by Mr. Moscato: Zoning Board of Appeals March 1,2011 Page 2 RESOLUTION WHEREAS application has been made by Mr. Brian Rothschild to the Zoning Board of Appeals for a 3.54 foot total of two side yard setback variance, on property located at 52 Lincoln Avenue, in an R12 Zoning District, on the northwest side of Lincoln Avenue, approximately 543 feet from the intersection of Lincoln Avenue and Westerleigh Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 13 5.49, Block 1, Lot 4.1; and WHEREAS, a duly advertised public hearing was held on March 1, 2011, at which time all those wishing to be heard were given such opportunity; and WHEREAS, the proposed action is a Type 11 action pursuant to the New York State Environmental Review Act and, accordingly, no further environmental review is required; and WHEREAS, the Board, from the application, after reviewing the premises and the neighborhood concerned, and upon considering each of the factors set forth at Section 250-13(G)(b)[2][a]-[e] of the Rye Brook Code, finds: 1. The proposed variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties; 2. The benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue other than an area variance; 3. The requested variance is not substantial; 4. The proposed variance will not have an adverse affect or impact on the physical or environmental conditions in the neighborhood or district; and 5. The alleged difficulty was self-created. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: March 1, 2011 Don Moscato, Chairman Mr. Moscato called the roll: Steven Berger Voting Aye Andrew Kaminsky Voting Aye Joel Simon Voting Aye Don Moscato Voting Aye The application was granted on a vote of four(4) ayes zero (0)nays Zoning Board of Appeals March 1,2011 Page 3 Zoning Board of Appeals March 1,2011 Page 4 Zoning Board of Appeals March 1,2011 Page 5 Mr. Moscato called for the next item on the agenda: 2) APPROVAL OF JANUARY 4, 2011 ZONING BOARD SUMMARY Mr. Moscato noted that he had submitted changes along with Village Counsel Amanda Kandel. A question was raised by Andrew Kaminsky regarding the length and content of the minutes. Mr. Moscato noted that there have been requested changes to the format over the years and the minutes were referred to as a summary. At one point it was requested that the summary reflect only the actions without comments and the vote. Jennifer Gray, Esq., Village Counsel, noted that there is no required format except to record the actions taken at the meeting. Mr. Kaminsky expressed concern regarding applications that were before several Boards over a longer term. He felt that the summary should be more specific and include more detail. Attorney Gray pointed out that there are both video and audio tapes of each meeting. If an applicant chooses to challenge a decision, they have 30 days. These tapes are kept for years versus days, and can be viewed for details. On a motion made by Mr. Berger, and seconded by Mr. Simon, the summary was approved as amended. Mr. Moscato called the roll: Steve Berger Voting Aye Andrew Kaminsky Voting Aye Joel Simon Voting Aye Don Moscato Voting Aye The summary was approved by a vote of four (4) ayes, and zero (0) nays. The final matter on the agenda was called before the Board: 3) DISCUSSION: ZBA Rules of Procedures Mr. Moscato noted that Ms. Fredman has submitted some changes. The first issue discussed was the Pledge of Allegiance. Mr. Moscato noted that the Board of Trustees and Planning Board begin their meetings with the pledge of Zoning Board of Appeals March 1,2011 Page 6 allegiance. The decision was made that the Zoning Board would follow this format. The Board discussed notification and the area of notification. Attorney Gray noted that notification is 250'. All adjacent properties are within the notification area. Mr. Izzo stated that the circumference for notification is typically ten (10) properties. More dense areas have more properties for notification. Recusal was also discussed. Another part of the procedures of the meeting discussed was the length of time a speaker is allowed to speak. Mr. Moscato noted that the chair reserves the right to limit the length of time of a speaker, however, a time limit can be set and the comments must be about the application before the Board. The decision was to limit the time to five (5) minutes. Attorney Gray questioned whether or not her comments were circulated to the entire Board. Mr. Moscato noted that they were. Also discussed was a quorum, the number of votes required to approve an application when the full complement of the Board was not in attendance, emails and correspondence submitted for Board review, and a cutoff time for such correspondence and emails to be submitted. A copy of the Rules of Procedures is attached to these minutes. The rules will be posted on the Village's website for anyone interested in reviewing them. On a motion made by Mr. Berger, and seconded by Mr. Kaminsky, the Rules of Procedure were adopted as amended. Mr. Moscato called the roll: Steve Berger Voting Aye Andrew Kaminsky Voting Aye Joel Simon Voting Aye Don Moscato Voting Aye There being no further business before the Board, Mr. Moscato called for a motion to adjourn. On a motion made by Mr. Simon, and seconded by Mr. Berger, the meeting was adjourned at 8:45 p.m. Zoning Board of Appeals March 1,2011 Page 7