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HomeMy WebLinkAbout2008-02-05 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK 938 King Street ZONING BOARD OF APPEALS Tuesday,February 5,2008 Meeting at 8:00 p.m. AGENDA 1) 907-481 Ms. Laurie Kaufman (Re Appearance) 249 Tree Top Lane Partition off the existing garage to create a finished, heated storage dwelling 2) 907-490 Mr. Brian Greaige (Re-Appearance) 10 Jennifer Lane Construct a second-story addition over the existing dwelling 3) 407-502 Mr. &Mrs. Iry Schulman 41 Country Ridge Circle Construct a second story addition at the west elevation 4) 407-504 Mr. &Mrs. Michael Minick 19 Parkwood Place Construct a one-story rear addition, and rear attached shed and perform interior alterations 5) 407-505 Ms. Marie Heil 559 Westchester Avenue Legalize the existing rear deck 6) Approval of Zoning Board Summaries BOARD: Mark Harmon, Chairman Salvatore Crescenzi Joseph Pellino Michael Siegel (arrived late) Absent: Ronald Rettner STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary Zoning Board of Appeals February 5,2008 Page 1 Mr. Mark Harmon, Chairman, welcomed everyone to the meeting. He noted that there were only three (3) members of the Board present and although there was a quorum, the Zoning Board of Appeals has five (5) members. He explained that in order for an application to be approved, the applicant would require all three-yes votes. A no vote would result in the application being denied. He also noted that there was a possibility that a fourth member would arrive later in the meeting. Therefore, he offered the applicants the opportunity to adjourn to later in the meeting, or to the March meeting when there could be five (5) members of the Board present. He gave the applicants a few minutes to discuss their options with their representatives. Mr. Harmon 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 dwelling Mr. Harmon noted that Ms. Kaufman had submitted a written request for an adjournment to the next meeting. The Board granted the adjournment. Mr. Harmon requested that Village Counsel, before next meeting and, if possible, more than two (2) days before the next meeting in order to give the Board members an opportunity to review it, provide an answer to the following question: "Can Ms. Kaufman's variance be conditioned on not more than one (1) car being registered to any full time resident of her unit at the Arbors, so that the variance would last only so long as the owner or the residents of that unit only owned one (1) car." In this way the variance would run with the land but would terminate with the end of ownership." Mr. Harmon called for the next item on the agenda: 2) 407-490 Mr. Brian Greaige (Re-Appearance) 10 Jennifer Lane Construct a second-story addition over the existing dwelling Mr. Harmon asked Mr. Greaige if he wanted to move forward, or if he would like his application adjourned. Mr. Greaige noted that his application had been before the Board for several months. The Board had made several recommendations and Mr. Greaige has responded by submitted an amended plan. Mr. Greaige asked that his application be heard and voted upon. Zoning Board of Appeals February 5,2008 Page 2 Mr. Greaige noted that one comment made by the members of the Zoning Board of Appeals was that the height of the building was too high. In response to that concern, he pointed out that the height of the ridge has been lowered approximately 4'. In addition, the wall on the side of the house has been lowered from 8' to 6'. The overall height of the proposed construction will now be 24'. Mr. Harmon called for members of the public wishing to address the application in support or opposition. There being no one,Mr. Harmon turned to the Board for questions or comments. Mr. Joseph Pellino noted that the drainage plans are still in place. Mr. Greaige also noted that a neighbor had requested additional screening, and this was still in place as well. Mr. Harmon thanked Mr. Greaige for accommodating the Board's concerns. Mr. Greaige stated that the Board was right and that is why the plans were amended. Mr. Harmon closed the public portion of the meeting and the Board went into deliberation. After a brief discussion, Mr. Harmon noted that the vote was three (3) ayes to 0 nays, and the application was granted. However, the resolution would be submitted by Village Counsel at a later date as there was an issue regarding the Board's ability to impose conditions on the approval of variances. Mr. Greaige thanked the Board. Mr. Harmon called for the next item on the agenda. Before addressing the matter, he noted that Mr. Schulman was a former short stop on the softball team, however, he did not see any reason why he should recuse himself from voting on this matter. The applicant and members of the Board agreed. 3) #07-502 Mr. & Mrs. Iry Schulman 41 Country Ridge Circle Construct a second story addition at the west elevation Mary Faithorn Scott, the architect for the applicants, addressed the Board. She noted that the application required two (2) variances. The applicant is proposing to add 179 square feet to the existing, non-conforming home. This is second story space over an existing first story that will expand the master bathroom and add some closet space. The original house was built non-conforming at 14' from the property line instead 15', so the applicant will require a 1' side yard variance. The second variance required is a gross floor area variance. The allowable first floor area for this property is 3202 square feet and the existing house is non- conforming at 4007. The additional 179 square feet will increase the non- Zoning Board of Appeals February 5,2008 Page 3 conformity to 4192 square feet. Ms. Scott presented the Board with photographs of the home, which Mr. Harmon made part of the record. It was noted that there is existing screening between the applicant's property and the most effected neighbor's property. This screening will remain. This neighbor, the owner of 37 Country Ridge, has submitted a letter of support, which was also made a part of the record. Mr. Harmon called for members of the public wishing to address the application in support or opposition, or comments and questions from members of the Board. Mr. Harmon noted that there was a prior variance granted for this property. He asked Mr. Michael Izzo, Building Inspector, to provide the Board with a copy of the variance for their review. A brief adjournment was called and upon Mr. Izzo's return, the meeting was re-convened. The Board reviewed the issue of a prior variance and it was found that the this variance was granted in regard to the increase in the gross floor area in connection with the construction of a rear, one (1) story addition. The square footage of the home went from 3202 square feet to 4007 square feet. The Board reviewed the Notice of Hearing to determine whether or not the matter was properly noticed. After a brief discussion, it was agreed that this matter would be left for the Village Counsel to decide. The public hearing was closed, and the Board began deliberation. The decision of the Board was to approve the variance based upon Village Counsel's determination as to whether or not the matter was properly noticed. If Counsel finds that the Notice was appropriate, then Counsel will issue an appropriate resolution of approval, with a vote of three (3) ayes, to 0 nays. Mr. Harmon noted that Mr. Michael Siegel, the fourth member of the Zoning Board, arrived and it would no longer be necessary for applicants to consider an adjournment. Mr. Harmon noted that all resolutions prepared by Village Counsel would be submitted to the Board members for their review and approval. Mr. Harmon called for the next item on the agenda: 4) #07-504 Mr. & Mrs. Michael Minick 19 Parkwood Place Construct a one-story rear addition, and rear attached shed and perform interior alterations Zoning Board of Appeals February 5,2008 Page 4 John Scarlato, architect for the applicants, addressed the Board. Mr. Scarlato began his presentation by noting that this is a one-story addition to be constructed in the rear of the home. It will consist of an expansion to the Kitchen, a mudroom a new bedroom, and a laundry room would replace the existing bedroom. The applicant is also proposing the construction of a shed attached to the rear of the house. The two (2) issues that have brought the application before the Zoning Board of Appeals are lot coverage and gross floor area. The existing house is at what is allowed by the Village Code. The addition will bring the gross floor area of the home to 3712 when 3247 is allowed. The applicant requires a 465 square foot gross floor area variance. Mr. Scarlato noted that 108' of this additional area is actually the shed. The second variance is in connection with lot coverage. A lot coverage variance of 1.4% is requested. Mr. Scarlato stated that the main building is only allowed to be 16% lot coverage and the house is now at 17.4%. The Village Code allows for an accessory building of 532 square feet to be constructed on this property, however, the applicant is willing to waive the construction of any accessory buildings if the current application is approved. Mr. Scarlato also noted that the applicant is allowed 3.5% coverage for a deck, which the applicant does not have. The property is not conducive to the construction of a shed in the rear yard and that is the reason the applicant has requested that a small shed be attached to the rear of the home. The Board discussed the Notice of Hearing, which the Board felt was incorrect. Mr. Harmon called for members of the public wishing to address this matter in support or opposition. Two (2) adjacent homeowner questioned what would happen to the existing landscaping. The applicant noted that the landscaping will remain. In addition, if a bush is damaged or needs to be moved for the construction, another bush will be planted. The same holds true for any of the landscaping. Mr. Scarlato noted that no trees will be cut down for this construction. The homeowner directly behind the applicant's property questioned what they would now be looking at. Mr. Scarlato reviewed the plans with the neighbors. Although the neighbor is at a lower elevation, there will be sufficient screening. Also discussed was drainage. Mr. Harmon noted that the drainage plan will be reviewed and approved by the Village's Engineer who is very aware of flooding issues within the Village. The applicant has stated that there will be no additional storm water runoff from this property as a result of this construction. Mr. Izzo noted that the drainage plans have not yet been submitted, but that they must be reviewed by the Village's Engineer. Mr. Harmon would like Village Counsel to note that the applicant is willing to give up the right to have an accessory structure if the variances are granted. Zoning Board of Appeals February 5,2008 Page 5 Mr. Pellino stated, for the record, that currently there was a dispute regarding whether or not the Zoning Board of Appeals has the right to impose conditions on the granting of a variance. For this reason the resolutions and conditions are being referred to Village Counsel. Mr. Harmon closed the public portion of the hearing and the Board began deliberation. The Board approved the application by a vote of four (4) ayes to 0 nays. Mr. Harmon stated that Village Counsel must response to whether or not the granting of the variance could be conditioned upon the applicant's offer that no additional accessory structures would be constructed on this property, any trees or landscaping that is damage during construction will be replaced, and that the Village Engineer will review and approve the drainage plan. Village Counsel will draft the resolution for the Board's approval and signature at a future date. Mr. Harmon stated that the Board members would prefer to have the drafted resolutions being requested at this meeting submitted by Village Counsel by a week from Friday. Mr. Harmon called for item 45 on the agenda: 5) #07-505 Ms. Marie Heil 559 Westchester Avenue Legalize the existing rear deck Gary Gianfrancesco, architect, addressed the Board as the representative for the applicant. He noted that Ms. Heil, who is 70+, inherited the property from her great uncle in 1998. She recently moved into this home and the issue of the deck came to light, and was brought to the Village's attention by the applicant. The deck was constructed in the mid-1990's by her uncle who did not reside in home. The deck is a modest deck and is approximately an 8' x 10' deck. It follows the line of the existing house and encroaches into the side yard setback by 8 3/8 inches. The deck is not out of character with the neighborhood and does not present a detriment. The only other option would be removal of the deck. Mr. Gianfrancesco noted that the variance being requested is not a substantial variance, and it will not have an adverse effect on the neighbors. Mr. Harmon called for members of the public wishing to address this application in support or opposition to the application. There being no one, and no comments from Board members, the public portion of the meeting was closed and the Board went into deliberation. The vote of the Board was four (4) ayes to 0 nays. As with the other resolutions from this meeting, Village Counsel will be directed to prepare a resolution for the Zoning Board members' review and approval. Zoning Board of Appeals February 5,2008 Page 6 6) Approval of Zoning Board Summaries Mr. Harmon noted that he was not in attendance at the January meeting. The remaining Board members approved the January summary. It was requested that the remaining summaries be held over until the next meeting to allow for further review. Mr. Harmon called for comments from the Board. Mr. Pellino began a discussion regarding an issue that was brought to the attention of the Zoning Board members by Village Counsel this past week. This matter requires the attention of the Zoning Board members and the Village Board of Trustees. Village Counsel, at the direction of the Board of Trustees has advised the Zoning Board of Appeals that certain conditions of past resolutions were overly broad and unenforceable. Mr. Pellino disagreed with this statement. He stressed that this matter must be resolved quickly for the good of applicants that come before the Zoning Board. He noted that he was very upset by the memo from Village Counsel and equally upset that the direction to write this memo came from the Board of Trustees. Mr. Pellino stated that he would like to discuss this matter with the Village Board as soon as possible. He was confused why the Village Board would think that they have the authority to question the Zoning Board of Appeals' approval authority. Mr. Salvatore Crescenzi noted that the conditions imposed are for the protection of both the applicant and the neighbors. These conditions are very important. For example, when an applicant offers to give up their right to construct an accessory structure, it could make or break the approval of the application. Mr. Siegel stated that it was his believe that the resolutions are unenforceable. He asked that the Village Counsel and Board clarify this matter. He hoped that they would see the logic and reasoning behind the conditions that have been imposed. Mr. Harmon noted that he was completely disappointed in the way that the Village Board of Trustees and Counsel has chosen to act on this matter. He noted that he was looking forward to the Village Counsel's submission of resolutions from this meeting --within the next ten days. There being no further business before the Board, the meeting was adjourned at 8:50 p.m. Zoning Board of Appeals February 5,2008 Page 7