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HomeMy WebLinkAbout2009-03-03 - Zoning Board of Appeals Meeting Minutes Village of Rye Brook 938 King Street ZONING BOARD OF APPEALS March 3, 2009 Meeting at 8:00 p.m. AGENDA 1) #08-545 Mr. Charles G. Cano, Sr. 3 Edgewood Drive Construct an open-roofed trellis at the east side elevation 2) #08-530 Mr. Denis McConway (Re-appearance) 3 Bell Place Construct a partial second story addition 3) #09-554 Mr. & Mrs. Adam Kansler 27 Woodland Drive Construct a second-story dormer addition; a rear second-story addition and a rear roofed open porch 4) #08-546 Mr. Michael Tucci (Re-appearance) 226 South Ridge Street (Residing at 95 Fremont Street, Harrison, New York) Legalize and partially remodel the existing finished converted garage/basement. 5) Approval of February 3, 2009 Zoning Board Summary BOARD: Mark Harmon, Chairman Salvatore Crescenzi Don Moscato Michael Siegel Excused: Jeffrey Rednick STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary Zoning Board of Appeals March 3,2009 Page 1 BOARD OF TRUSTEE LIAISON: Trustee Patricia Sanders Romano Mr. Mark Harmon, Chairman, called the meeting to order at 8:00 p.m. He welcomed everyone to the March 3, 2009 meeting of the Zoning Board of Appeals, and noted that Mr. Jeff Rednick was excused from the meeting due to a prior work commitment. With the consensus of the Board, he called for item #3 out of order from the agenda. 3) #08-546 Mr. Michael Tucci (Re Appearance) 226 South Ridge Street Legalize and partially remodel the existing finished converted garage/basement Demetrios Adamis, Esq., of the firm of Gioffre and Gioffre, addressed the Board as legal counsel for the applicant. He noted that his firm had just been retained by the applicant and he needed time to review the application and prior hearing proceedings. He noted that matter was before the Zoning Board of Appeals at previous meetings, and an adjournment was requested in February. Mr. Adamis asked the Board for a second adjournment to the April meeting. Mr. Harmon noted that this application concerned him because the applicant has brought litigation against the Village and the Village's hands are now tied with regard to enforcing its Code on matters dealing with this property. As long as the matter is pending in the court system, the Village's Building Inspector can do nothing regarding the illegal occupancy issues. Mr. Harmon asked Mr. Adamis what the owner has done to in order to ensure that the basement space is not occupied. Mr. Adamis stated that, at this time, he did not know what specific steps have been taken to prevent the use of the basement of the subject home. In terms of alterations to the premises, the applicant is waiting for resolution of the court proceedings before drawing up new plans. Mr. Harmon noted that 90 days have past since the application was made to the Village. He felt that was ample time to respond to the Board's concerns about the illegal occupancy. Mr. Harmon turned to the Board members for their comments. After a brief discussion, Mr. Harmon noted that the consensus of the Board was to dismiss the application without prejudice and ask that that the applicant re-file. By taking this step, the Zoning Board will allow the Village Attorney and Building Department the opportunity to do what is needed. Zoning Board of Appeals March 3,2009 Page 2 Mr. Michael Izzo, Building Inspector, noted that if that was the Board's decision, the applicant would be required to begin the process all over again. Mr. Adamis stated that the applicant intended on amending his application, and moving forward in a slightly different direction. He again requested that the Zoning Board keep the matter on the calendar as is and allow the applicant to re- file as amended. Mr. Harmon felt that the owner did not take the Village's requests to seal off the parking and use of the basement seriously. The Building Department is not allowed to act on this matter while the application is before the Zoning Board. Dismissing the application without prejudice would allow the Building Department the opportunity to deal with this issue, and would also allow the applicant to submit the new application. Mr. Izzo noted that the last court hearing on this matter was approximately 18th of February (possibly the 25th). The matter was put over for the 11th of March because that was the soonest available court date available. The Village and the applicant will be in court on the l lt'. Mr. Izzo stated that the Building Department is concerned about the safety of the basement and those individuals that are residing there. The Village does not know anything about heating system, electrical, plumbing or how safe this apartment may or may not be. The Village is responding to the application out of concern for the safety of the residents. Mr. Tucci was informed that he is not to use that space under any circumstances, however, on prior visits it was found that there are tenants in the basement. As long as this application is before the Zoning Board the Village Counsel has stated that the Village's hands are tied. Mr. Adamis felt that the quickest way to resolve this matter was to adjourn it to the next meeting. After a brief deliberation, Mr. Harmon responded that the decision of the Zoning Board was to dismiss the matter without the prejudice. The request for adjournment was denied. Mr. Harmon called for the next item on the agenda: Zoning Board of Appeals March 3,2009 Page 3 1) #08-545 Mr. Charles G. Cano, Sr. 3 Edgewood Drive Construct a open-roofed trellis at the east side elevation Mr. Don Mascato noted that he was the owner of the adjacent property, and stated that he would be recusing himself. Mr. Harmon noted that since Mr. Mascato had recused himself, and because Mr. Jeff Rednick was excused from this meeting, the applicant would need a vote of three ayes in order for his application to be granted. He offered the applicant the opportunity to adjourn to the May meeting as he would not be in attendance in April and the applicant would face the same situation. The applicant asked for an adjournment to the May 5, 2009 meeting. The Board granted his request. Mr. Harmon called for item #2: 2) #08-530 Mr. Denis McConway (Re-appearance) 3 Bell Place Construct a partial second story addition Mr. Peter Klein, architect, addressed the Board. He noted that the plans have been revised and now there were only two variances were being requested; a single side yard setback variance and a total of two side yard setback variances. The variance that concerned the Zoning Board, the side height setback ratio variance, has been withdrawn. Mr. Harmon called for members of the public wishing to address the application in support or opposition. There being no one, he turned to the members of the Board for questions and concerns. The public comment portion of the application was closed and the Board began its deliberation. Upon the Board's return, Mr. Harmon read the following resolution: Zoning Board of Appeals March 3,2009 Page 4 RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. Denis McConway for a 2.72' single side yard setback variance and a 4.32' total of two side yards setback variance, in connection with the proposed construction of a partial second story addition, on property located at 3 Bell Place. Said premises being known and designated on the tax map of the Village of Rye Brook as section 135.66; Block 1; Lot 42. WHEREAS, a duly advertised public hearing was held on January 6, 2009, and continued on February 3, 2009 and March 3, 2009, 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 applicant has reduced the height of the proposed alteration to eliminate the need for a side height setback ratio variance; and 2) The requested variances extend but do not increase existing legal variances. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: March 3, 2009 Mark Harmon, Chairman Mr. Harmon called the roll: Salvatore Crescenzi Voting Aye Don Moscato Voting Aye Michael Siegel Voting Aye Mark Harmon Voting Aye The resolution was granted on a vote of four (4) ayes to zero (0) nays. Zoning Board of Appeals March 3,2009 Page 5 Zoning Board of Appeals March 3,2009 Page 6 Item #3 was called before the Board: 3) #09-554 Mr. & Mrs. Adam Kansler 27 Woodland Drive Construct a second-story dormer addition; a rear second-story addition and a rear roofed open porch Mr. Mark Mustacato, architect from the firm of Richau Mustacato Grippi Assocates, addressed the Board. He noted that this was an existing non- conforming property. The proposed addition/renovation would be on the second floor. The applicant is squaring off the rear corner of the home, which fixes a strange architectural element that is present. The other areas that they are working on is to build a dormer over the garage area in order to expand the master bedroom suite. An attic area that exists now will remain, however, they are taking the sloping roof and replacing it with a pitched roof. The visible portion is the dormer on the right side of the home. This is the smallest variance possible that will allow the applicant the ability to construct this addition. Mr. Harmon called for members of the public wishing to address the application in support or opposition. There being no one, the public comment portion of the hearing was closed and Mr. Harmon turned to the Board for comments. Mr. Harmon noted that he visited the property and was shocked that the home is over 6,000 square feet. The landscaping and positioning of the home hides the bulk. The variance request is for 168 square feet and is required because the proposed addition will extend an existing non-conformity. Mr. Harmon read the following resolution: Zoning Board of Appeals March 3,2009 Page 7 RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Adam Kansler for a 168 square foot gross floor area variance, in connection with a second-story dormer addition; a rear second-story addition, and a rear roofed open porch, on property located at 27 Woodland Drive in an R-25 District on the north side of Woodland Drive, 720 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 Section: 136.29, Block: 1, Lot: 1; and WHEREAS, a duly advertised public hearing was held on March 3, 2009, 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 addition will not result in additional street front bulk or negatively impact the neighborhood; and 2) The home as altered will remain consistent with the character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: March 3, 2009 Mark Harmon, Chairman Mr. Harmon called the roll: Salvatore Crescenzi Voting Aye Don Moscato Voting Aye Michael Siegel Voting Aye Mark Harmon Voting Aye The resolution was passed on a vote of four (4) ayes to zero (0) nays. Zoning Board of Appeals March 3,2009 Page 8 Zoning Board of Appeals March 3,2009 Page 9 There being no additional business before the Board, the meeting was adjourned at 8:40 p.m. Zoning Board of Appeals March 3,2009 Page 10