Loading...
HomeMy WebLinkAbout2005-12-06 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK Village Hall,938 King Street Rye Brook,New York ZONING BOARD OF APPEALS Tuesday,December 6,2005 AGENDA 1) 405-404 Mr. & Mrs. Robert Carey (RE-APPEARANCE) Construct a two-story addition to convert a one-car garage to a two-car garage with a family room above. 2) #05-411 Reckson Operating Parternship Reckson Executive Park Erect two(2) temporary realty signs 3) Approval of October 3,2005 and November 1,2005 Zoning Board Summary PRESENT BOARD: Mark Harmon, Chairman Salvatore Cresenzi Joseph Pellino Dorothy Roer Ronald Rettner(arrived at 8:15 p.m.) STAFF: Mr. Michael Izzo,Acting Building Inspector Paula Patafio, Meeting Secretary Mr. Mark Harmon, Chairman, called the meeting to order at 8:00 p.m. He welcomed everyone to the December 6, 2005 Zoning Board of Appeals meeting. Mr. Harmon noted that a letter was received from Reckson Operating Partnership, the applicant in the second matter on the agenda. He called the matter before the Board. 2) #05-411 Reckson Operating Parternship Reckson Executive Park Erect two(2) temporary realty signs Zoning Board of Appeals December 6,2005 Page 1 Mr. Michael Izzo, Building Inspector, stated that a letter was received from the applicant requesting that the application for two (2) temporary realty signs be withdrawn. No action was necessary by the Zoning Board of Appeals. Mr. Harmon called for the first matter on the agenda: 1) #05-404 Mr. & Mrs. Robert Carey (RE-APPEARANCE) Construct a two-story addition to convert a one-car garage to a two-car garage with a family room above. Mr. Robert Carey, applicant, noted that the neighbor most effected by the construction, Mr. Jared Scharf, submitted a letter to the Village in support of the application. He also noted that all of his neighbors expressed support of the original plans, as well as the revised plans now before the Board. Mr. Richard Mustacato, the architect for the applicant, addressed the Board. He noted that in response to the comments received from the Zoning Board at the previous meeting, revised plans were submitted. While revising the plans, the applicant attempted to minimize the variances being requested. The new plans reduce the depth of the porch, but did not change the height. Mr. Mustacato reminded the Board that the area requiring the variance was approximately 7 feet. It was also noted that the applicant's property has two front yards as it is a corner property. Mr. Mustacato noted that all of the adjacent homeowners feel that the construction will not have an adverse effect on the character of the neighborhood. They actually feel that that the proposed construction would enhance the neighborhood. Mr. Harmon explained that when reviewing an application, the Zoning Board keeps in mind that the granting of a variance can set a precedence throughout the Village The Zoning Board's goal is to grant the smallest variance they can in order to accomplish the applicant's goal, and to minimize the effects on the neighborhood. Mr. Harmon called for anyone wishing to address the Board in support or opposition to the application. There being no one, he turned to the Board for questions and comments. As there were no questions, the public portion of the meeting was closed and the Board went into deliberation. Upon the Zoning Board's return,Mr. Harmon read the following resolution: Zoning Board of Appeals December 6,2005 Page 2 RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Robert Carey for a .8' front yard setback at Candy Lane and a .59' front height setback ratio at Candy Lane, and a 6' front yard setback at Sylvan Road variances in connection with the proposed construction of a two-story side addition, a second-story dormer addition, a new front portico, and to perform interior alterations on property located at 1 Candy Lane in an R7 District on the south side of Candy Lane, at the intersection of Candy Lane and Sylvan Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 135.52, Block 3, Lot 21. WHEREAS, a duly advertised public hearing was held on November 1, 2005, and December 6, 2005, at which time all those wishing to be heard were given such opportunity; and WHEREAS, the Board, from the application and after viewing the premises and neighborhood concerned finds: 1) The front height setback ratio variance and Sylvan Road front variance are applicable to a side lot paper street and do not impact height/setback ratio or front yard setback to the actual front yard; 2) Applicant has reduced the front yard setback variance requested to minimize the impact; 3) The proposed construction will not adversely impact the nature and character of the neighborhood concerned; and 4) Effected neighbors have shown support for the application. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted on the following condition: 1) Construction shall begin within one year of the granting of the variance. Dated: December 6, 2005 Ayes: 4 Noes: 0 Mark Harmon, Chairman Mr. Harmon acknowledged Mr. Ronald Rettner's arrival. Zoning Board of Appeals December 6,2005 Page 3 Mr. Harmon called for the last matter on the agenda. 3) Approval of October 3, 2005 and November 1, 2005 Zoning Board Summary The October 3, 2005 and November 1, 2005 summaries were both approved as submitted by a unanimous vote. Mr. Harmon asked that a matter not on the agenda be addressed. With the consensus of the Board, a discussion of an application for Edgewood Drive ensued. Mr. Harmon noted that it was brought to his attention that changes have been made to the site plan for this application in connection with the installation of four (4) drywells. Mr. Michael Izzo, Building Inspector, was asked for an update on this construction. Mr. Izzo began by noting that the area above the garage will be unheated, and the only electricity will be an overhead light and one single outlet. He then addressed the matter of the four (4) drywells which were to be installed. He noted that this matter was being reviewed by Mr. Victor Carosi, Village Engineer. Upon construction the applicant found that the bedrock limits the construction of drywells to two (2). Mr. Harmon stressed that the Zoning Board made a very thorough review of this matter, especially in connection with drainage. If changes are made to the original plan, then the matter must come before the Zoning Board of Appeals for review. The Building Department was asked to issue a Stop Work Order and to instruct the applicant that he must return before the Zoning Board of Appeals for non-compliance. Mr. Izzo noted that there was nothing on the agenda for the January meeting, and that the next Zoning Board of Appeals meeting would be held on the first Tuesday of February. There being no further business before the Board, the meeting was adjourned at 8:40 p.m. Zoning Board of Appeals December 6,2005 Page 4