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HomeMy WebLinkAbout2008-01-08 - Zoning Board of Appeals Meeting Minutes Village of Rye Brook 938 King Street ZONING BOARD OF APPEALS Tuesday, January 8, 2008 Meeting at 8:00 P.M. 1) #07-481 Ms. Laurie Kaufman (Re-Appearance) 249 Tree Top Lane Partition off the existing garage to create a finished, heated storage space 2) #07-485 Valenti Communication Corp. (Re-Appearance) 111 South Ridge Street Erect a free-standing sign 3) #07-490 Mr. Brian Greaige (Re-Appearance) 10 Jennifer Lane Construct a second-story addition over the existing dwelling 4) #07-500 Mr. & Mrs. Paul Burack 26 Brook Lane Construct a second story rear addition to facilitate an office for a Tier II Home Occupation and master bedroom expansion and expand the existing front vestibule 5) #07-503 Mr. Andrew Malhotra 22 Meadowlark Road Rebuild and enlarge the rear, one-story family room 6) Approval of 9/4/07, 10/2/07, 11/6/07, and 12/4/07 Zoning Board of Summaries BOARD: Joseph Pellino, Acting Chairman Sal Crescenzi Ronald Rettner Michael Siegel Excused: Mark Harmon Zoning Board of Appeals Meeting January 8,2008 Pagel STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary Mr. Joseph Pellino, Acting Chairman, called the meeting to order at 8:00 p.m. He wished everyone a Happy New Year and welcomed them to the first Zoning Board of Appeals Meeting of 2008. He called for the first item on the agenda: 1) #07-481 Ms. Laurie Kaufman (Re-Appearance) 249 Tree Top Lane Partition off the existing garage to create a finished, heated storage space Mr. Pellino noted that this matter had been before the Board for the two prior meetings, initially being placed on the agenda in November. The Board had requested an interpretation from the Village's Counsel on this matter. At the December meeting, Mr. Harmon requested a second adjournment so that he could discuss this matter with the Village's Attorney. Unfortunately, since Mr. Harmon has been excused from the meeting, no one was sure as to whether or not the Village's Counsel had responded to the request for further interpretation. It was the consensus of the Board that the matter should be continued to the February 5, 2008 meeting. The applicant thanked the Board for its time and consideration. 2) #07-485 Valenti Communication Corporation (Re-Appearance) 111 South Ridge Street Erect a free-standing sign Mr. Pellino called for the representative of the applicant. Mr. Michael Izzo, Building Inspector, noted that the Building Department had not heard from the applicant. He asked the Board to recall this matter at the end of the meeting to allow the applicant, or its representatives, time to arrive at the meeting. The Board agreed, and Mr. Pellino called for the third matter on the agenda. Zoning Board of Appeals Meeting January 8,2008 Page 2 3) #07-490 Mr. Brian Greaige (Re-Appearance) 10 Jennifer Lane Construct a second-story addition over the existing dwelling Mr. Pellino noted that Mr. Brian Greaige, the applicant, had submitted a letter to the Building Department requesting an adjournment to the February 5, 2008 meeting Zoning Board of Appeals. It was noted the adjournment was a result of a conflict on the part of the architect. The Board granted the adjournment. Mr. Pellino called for item #4 on the agenda: 4) #07-500 Mr. & Mrs. Paul Burack 26 Brook Lane Construct a second story rear addition to facilitate an office for a Tier II Home Occupation and master bedroom expansion and expand the existing front vestibule Mr. Cohen, the architect for the applicant, addressed the Board. He presented the Board with plans for the expansion. He noted that Mr. Burack was looking to create office space independent from the house for his home occupation. In order to fulfill the applicant's needs he would require a 223 square foot gross floor area variance. The maximum permitted gross floor area in this zone is 2,648 square feet and the applicant was proposed a gross floor area of 2,871 square feet. Mr. Cohen noted that the proposed addition is only 10% over the maximum floor area as required by the Village's Code. In addition, the footprint of the building will not be changed from what is existing as the proposed addition will be constructed over the existing garage. A second portion of the proposed construction will increase the size of the existing bedroom on the second floor. It will be expanded approximately 150 feet. Mr. Cohen noted that in reviewing the house, property, and area, this is the only reasonable plan for the expansion. Mr. Pellino called for members of the public wishing to speak in support or against the application. There being no one, he turned to the Board for questions or comments. Mr. Izzo, Building Inspector, noted that the variance before the Zoning Board of Appeals was for the construction. Any decisions regarding the Tier II Home Occupation will be made by the Village' Building Department. In both regards, the proposed construction and the use of the home for a Tier II Home Occupation, there must be compliance with the Village's Code. Mr. Izzo briefly reviewed the requirements for a Tier II Home Occupation for the applicant. Zoning Board of Appeals Meeting January 8,2008 Page 3 The public portion of the meeting was closed and the Board went into deliberation. Upon completion of the Board's deliberation, Mr. Pellino read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Mr. & Mrs. Paul Burack for a 223 square foot variance in the gross floor area, in connection with the proposed construction f a second story rear addition to facilitate an office for a Tier II Home Occupation and master bedroom expansion, and expansion of the existing front vestibule, on property located at 26 Brook Lane in an R-10 District on the north side of Brook Lane, at the intersection of Phyllis Place and Brook Lane. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 135:65, Block 1, Lot 6. WHEREAS, a duly advertised public hearing was held on January 8, 2008, 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 proposed construction is in character with the neighborhood; and 2) There will be a minimal impact and no change in the footprint of the building. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted on the following conditions: 1) Construction shall begin within one (1) year of the granting of the variance; and 2) No further building permits may issue respecting this property without the consent of this Board given upon a properly noticed and heard application in accordance with the Village Code unless the proposed construction will not enlarge the footprint of the structure. DATED: January 8, 2008 Joseph Pellino, Acting Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals Meeting January 8,2008 Page 4 Zoning Board of Appeals Meeting January 8,2008 Page 5 5) #07-503 Mr. Andrew Malhotra 22 Meadowlark Road Rebuild and enlarge the rear, one-story family room Mr. John Scarlatto, architect for the applicant, addressed the Board. He presented the Board with photographs of the existing home. He noted that the room will be rebuilt utilizing the foundation of the patio. This is a corner lot, and the property is angled. In addition, Mr. Scarlatto noted that as a corner property it has two side yards. The applicant requires a rear yard setback variance of eight (8) feet. The Village's Code for property in an R20 District requires a rear yard setback of forty (40) feet, and the applicant is proposing a rear yard setback of thirty-two (32) feet. It was noted that the proposed construction only requires one variance. Mr. Izzo, Building Inspector, also pointed out that there is a stream behind the home, and that property is the beginning of Rich Manor Park. Mr. Pellino called for members of the public wishing to address the Board in support or opposition to the application. There being no one, and no questions or comments from the Board, Mr. Pellino closed the public portion of the hearing and the Board began to deliberate. When the Board completed its deliberation, Mr. Pellino read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Mr. Andrew Malhotra for an 8 foot rear yard variance, in connection with the proposed rebuilding and enlargement of the rear, one-story family room, on property located at 22 Meadowlark Road, in an R-20 District on the northeast side of Meadowlark Road, at the intersection of Bluebird Hollow and Meadowlark Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 135:28, Block 1, Lot 12. WHEREAS, a duly advertised public hearing was held on January 8, 2008, 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) This is a reasonable use of the property; Zoning Board of Appeals Meeting January 8,2008 Page 6 2) Due to the site topography, the house cannot be expanded in any other reasonable manner; and 3) There is a minimal extension of an existing non-conforming rear yard setback. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted on the following conditions: 1) Construction shall begin within one (1) year of the granting of the variance; and 2) No further building permits may issue respecting this property without the consent of this Board given upon a properly noticed and heard application in accordance with the Village Code unless the proposed construction will not enlarge the footprint of the structure. DATED: January 8, 2008 Joseph Pellino, Acting Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals Meeting January 8,2008 Page 7 Zoning Board of Appeals Meeting January 8,2008 Page 8 Mr. Pellino recalled item 92 before the Board. 2) #07-485 Valenti Communication Corp. (Re-Appearance) 111 South Ridge Street Erect a free-standing sign It was noted that the applicant or any representative had arrived to address this matter with the Board. A discussion ensued and it was noted that at the prior meeting a decision had been made that if the applicant did not contact the Building Department, or the Zoning Board, or appear before the Board at this meeting, the matter would be denied. Mr. Pellino noted that this matter was first heard on November 6, 2007. The Board took a brief break while Mr. Pellino prepared the resolution. RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Valenti Communication Corp. for a variance to the Village's Sign Law in connection with the proposed erection of a free-standing sign, on property located in a C-1 District on the east side of Ridge Street, at the intersection of Franklin Street and South Ridge Street. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 141.27, Block 1, Lot 29. WHEREAS, duly advertised public hearings were held on November 6, 2007, December, 4, 2007, and January 8, 2008, 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: 4) The applicant failed to attend the continued hearings on December 4, 2007 and January 8, 2008, without notice. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby denied. DATED: January 8, 2008 Joseph Pellino, Acting Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals Meeting January 8,2008 Page 9 Zoning Board of Appeals Meeting January 8,2008 Page 10 The final matter on the agenda was called before the Board. Mr. Pellino noted that at the previous Zoning Board of Appeals meeting the summaries for September and October were approved. 6) Approval of 11/6/07, and 12/4/07 Zoning Board of Summaries The November and December Summaries were approved as submitted. There being no further business before the Board, the meeting was adjourned at 8:45 p.m. Zoning Board of Appeals Meeting January 8,2008 Page 11