The URL can be used to link to this page

Home My WebLink About2011-09-06 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK 938 King Street Zoning Board of Appeals September 6, 2011 Meeting at 8:00 p.m. AGENDA 1) #11-635 MR. & MRS. ROBERT JACKSON 20 Churchill Road Construct new 15' x 25' deck and legalize existing 1984 addition 2) Approval of May 3, 2011, June 7, 2011, and August 2, 2011 Zoning Board Summaries BOARD: Steve Berger, Acting Chairman Michele Fredman Andrew Kaminsky Excused: Don Moscato Joel Simon STAFF: Michael Izzo, Building Inspector Jennifer Gray, Esq., Village Counsel Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mr. Steve Berger, Acting Chairman, welcomed everyone to the September 6, 2011 Zoning Board of Appeals meeting. He called the meeting to order and introduced Village Staff and Counsel. He asked that individuals to speak at the podium, state their names, application, position, and nature of the variance. Mr. Berger noted that there were three (3) members of the Board in attendance, which meant that the applicant would require all three members in attendance to vote in favor of the application for it to be approved. He offered the applicants the opportunity to adjourn the application to next month's Zoning Board meeting. The applicant chose to proceed. Zoning Board of Appeals September 6,2011 Pagel 1) #11-635 MR. & MRS. ROBERT JACKSON 20 Churchill Road Construct new 15' x 25' deck and legalize existing 1984 addition Kimberly Tutera Martelli, architect for the applicants addressed the Board. She noted that Mr. & Mrs. Robert Jackson, the applicants, were in attendance. She began with the description of the dwelling, noting that it is a single story, one family residence. The applicants are looking to improve upon the deck and for which they require two (2) variances. In reviewing the proposed application, it was discovered that a permit and certificate of occupancy for the existing 1984 addition was issued in error. The family room addition has an encroachment on the front yard setback, on Churchhill Road and on Winding Wood Road. Ms. Tutera Martelli presented the Board with photographs of the home. She noted that the addition includes a wood deck. There is a paved walkway around the deck which leads to the driveway. The grading drops from front to the rear of the property. The applicant is trying to improve upon the existing deck— from 12' to 15' and from 16' to 25'. The deck would align with the existing family room addition. This is a unique property; a peninsula property. It is a 2500 square foot parcel, but oddly shaped. The addition has existed for almost 30 years. Ms. Tutera Martelli noted that the property is well landscaped. Where the deck comes in closet proximity to the property line is in the back side of the property and that is where the most dense landscaping exists. Any trees that need to be removed will be replaced. There is no opportunity for the applicants to add to the home within the building area. The applicants will reduce the impervious surfaces on the property by removing the pathway. Additional landscaping has been proposed. The existing deck is 210 square feet and the proposed new deck would be 390 square feet. The applicant noted that zero impervious surface was being created. Mr. Michael Izzo, Building Inspector, noted that the stairs from the deck were counted in the 390 square feet. Mr. Berger called for members of the public wishing to address the Board in support or opposition to the application. There being no one, Ms. Michele Fredman made a motion to close the public hearing, which was seconded by Mr. Andrew Kaminsky. Mr. Berger read the following resolution: Zoning Board of Appeals September 6,2011 Page 2 RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Mr. & Mrs. Robert Jackson for a front yard setback variance of 22.58 feet at the Winding Wood Road elevation in connection with the proposed construction of a new 15' x 25' deck and a front yard setback variance of 15.4 feet in connection with the legalization of an existing 1984 addition, on property located at 20 Churchill Road, in an R15 zoning district on the west side of Churchill Road, at the intersection of Winding Wood Road and Churchill Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID #: 135.25-1-26; 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, a duly advertised public hearing was held on September 6 2011, at which time all those wishing to be heard were given such opportunity; and WHEREAS, the Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors as set forth at Section 250-13(G)(2)(b)[2][a]-[e] of the Rye Brook code, finds with respect to the requested front yard setback variance at the Winding Wood Road elevation for the proposed deck: 1) The requested variance will not have an adverse impact on the character of the neighborhood; 2) The benefit sought by the applicant cannot be achieved by another method, feasible for the applicant to pursue; that does not require a variance; 3) The requested variance is mathematically substantial but will not cause adverse impacts to the neighborhood; 4) The requested variance will not have an adverse impact on the physical or environmental conditions of the neighborhood; 5) The applicant's difficulty is self created; and Zoning Board of Appeals September 6,2011 Page 3 WHEREAS, the Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors as set forth at Section 250-13(G)(2)(b)[2][a]-[e] of the Rye Brook code, finds with respect to the requested front yard setback variance for the legalization of the existing 1984 addition: 1) The requested variance will not have an adverse impact on the character of the neighborhood; 2) The benefit sought by the applicant cannot be achieved by another method, feasible for the applicant to pursue; that does not require a variance; 3) The requested variance is mathematically substantial but will not cause adverse impacts to the neighborhood; 4) The requested variance will not have an adverse impact on the physical or environmental conditions of the neighborhood; and 5) The applicant's difficulty is not self created. NOW, THEREFORE, BE IT RESOLVED that the said for a front yard setback variance at the Winding Wood Road elevation for the proposed deck is hereby granted. BE IT FURTHER RESOLVED that said application for a front yard setback variance in connection with the legalization of an existing addition is hereby granted. Dated: September 6, 2011 Steven Berger, Acting Chairman Mr. Berger called the roll for the front yard setback variance for the Winding Wood elevation: Steve Berger Voting Aye Michele Fredman Voting Aye Andrew Kaminsky Voting Aye The application was approved by a vote of three (3) ayes, and zero (0) nays. Zoning Board of Appeals September 6,2011 Page 4 Mr. Berger called the roll for the front yard setback variance for the legalization of an existing addition: Steve Berger Voting Aye Michele Fredman Voting Aye Andrew Kaminsky Voting Aye The application was approved by a vote of three (3) ayes, and zero (0) nays. Zoning Board of Appeals September 6,2011 Page 5 Zoning Board of Appeals September 6,2011 Page 6 Zoning Board of Appeals September 6,2011 Page 7 Zoning Board of Appeals September 6,2011 Page 8 2) Approval of May 3, 2011, June 7, 2011, and August 2, 2011 Zoning Board Summaries Mr. Berger noted that additional changes have been submitted. With the consensus of the Board the summaries were adjourned to the October meeting. There being no further business before the Board, the meeting was adjourned at 8:30 p.m. Zoning Board of Appeals September 6,2011 Page 9