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HomeMy WebLinkAbout2008-03-04 - Zoning Board of Appeals Meeting Minutes Village of Rye Brook 938 King Street ZONING BOARD OF APPEALS Tuesday, March 4, 2008 Meeting at 8:00 p.m. 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 2) #08-509 Mr. Peter Goodman 9 Churchill Road Construct a rear one-story addition and new front portico 3) #08-510 Mrs. Phyllis Friedlander 5 Magnolia Drive Expand the existing driveway and off-street parking; and install a new front walk 5) Approval of September 4, 2007, October 2, 2007, and February 5, 2008 Zoning Board Summaries BOARD: Mark Harmon, Chairman Joseph Pellino Ronald Rettner Michael Siegel Absent: Salvatore Crescenzi STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary Mr. Mark Harmon, Chairman, welcomed everyone to the March 4, 2008 meeting of the Zoning Board of Appeals. He called the meeting to order at 8:06 p.m. It was noted that Mr. Salvatore Crescenzi, the fifth member of the Zoning Board, was excused from this meeting. Zoning Board of Appeals March 4,2008 Page 1 Mr. Harmon noted that there was some unfinished business from the previous month's meeting. He began by noting that the application for Mr. Brian Greaige was approved by a vote of three (3) to zero (0) vote. The resolution was not read at the February meeting and was held over until the wording could be approved. Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. Brian Greaige for a 3.87' rear yard setback variance, a 5.2" single side yard setback variance, a 2.6' total of two side yards setback variance, a 1.25' side height/setback ratio, and a 376 square foot gross floor area variance, all in connection with the proposed construction of a second-story addition over the existing dwelling, on property located at 10 Jennifer Lane, in an R-10 District, on the north side of Jennifer Lane, 100 feet from the intersection of Lee Lane and Jennifer Lane. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 135.58, Block: 1, Lot: 3; and WHEREAS, a duly advertised public hearing was held on October 2, 2007, and continued at meetings there after through February 5, 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) Applicant has made significant modifications to his plans to reduce the most substantial variance sought; 2) Applicant has offered proof that the height of the proposed construction will be consistent with the neighborhood concerned; and 3) Several of the requested variances extend but do not enlarge the existing legal non-conformities. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: March 4, 2008 Mark Harmon, Chairman AYES: 3 NAYS: 0 Zoning Board of Appeals March 4,2008 Page 2 Zoning Board of Appeals March 4,2008 Page 3 Mr. Harmon read the resolution for Mr. & Mrs. Iry Schulman, a matter also heard and voted upon at the February 5, 2008 meeting: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Iry Schulman for a F single side yard and an additional 179 square foot gross floor area variance, in connection with the proposed construction of a second-story addition at the west elevation, on property located at 41 Country Ridge Circle in an R-15 District on the north side of Country Ridge Circle, 580 feet from the intersection of Country Ridge Drive and Country Ridge Circle. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 129.74, Block: 1, Lot: 36; and WHEREAS, a duly advertised public hearing was held on February 5, 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 side yard variance is not substantial and extends but does not enlarge an existing variance; and 2) The increase in the gross floor area will be accomplished in a manner that does not increase the bulk of the house so as to adversely impact the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: March 4, 2008 Mark Harmon, Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals March 4,2008 Page 4 Zoning Board of Appeals March 4,2008 Page 5 Mr. Harmon read the resolution for Mr. & Mrs. Michael Minick: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Michael Minick for a 465 square foot gross floor area variance and a 1.4% lot coverage variance, in connection with the proposed construction of a one- story rear addition, rear attached shed, and performance of interior alterations, on property located at 19 Parkwood Place, in an R-15 District, on the northwest side of Parkwood Place, 380 feet from the intersection of Lawridge Drive and Parkwood Place. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 129.67, Block: 1, Lot: 45; and WHEREAS, a duly advertised public hearing was held on February 5, 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 will be in the rear of the home and will not adversely impact the neighborhood; 2) Applicant's have offered to waive their right to construct an accessory structure; and 3) Applicants shall file a notarized statement waiving the right to construct an accessory structure on the premise. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: March 5, 2008 Mark Harmon, Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals March 4,2008 Page 6 Zoning Board of Appeals March 4,2008 Page 7 Mr. Harmon read the final resolution from the February 5, 2008 meeting for Ms. Marie Heil: RESOLUTION WHEREAS, application has been made to the Zoning Board by Ms. Marie Heil for a .7' single yard setback variance, in connection with the proposed legalization of an existing rear deck, on property located at 559 Westchester Avenue, in an R-2F, District, on the north side of Westchester Avenue, 200 feet from the intersection of North Ridge Street and Westchester Avenue. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 135.83, Block 1, Lot: 12. WHEREAS, a duly advertised public hearing was held on February 5, 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 variance request is not substantial and was not necessitated by willful violation of the Zoning Code. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: March 4, 2008 Mark Harmon, Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals March 4,2008 Page 8 Zoning Board of Appeals March 4,2008 Page 9 Mr. Harmon returned to the agenda for March 4, 2008: 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. Harmon noted that the Zoning Board attempted several approaches to see if a way of conditioning the granting of the variance such that the applicant would be able to maintain the garage in the existing condition and then restore upon the sale of the unit. Unfortunately, the Village Counsel has advised the Board that all the alternatives suggested were not lawful, and that all the conditions that the Zoning Board proposed were illegal. The only alternative remaining was to offer the applicant the opportunity to come up with a condition as the Board is not inclined to grant the variance if it is a permanent change. He offered the applicant the opportunity to adjourn the matter until April to allow the applicant the chance to consult with the Village Counsel and/or her own counsel. The applicant questioned if a temporary license would be a possibility. Mr. Harmon stated that the Zoning Board could not grant a temporary license. The applicant accepted the Board's offer to adjourn the matter to the next meeting. Mr. Harmon called for the second matter on the agenda: 2) #08-509 MR. PETER GOODMAN 9 Churchill Road Construct a rear one-story addition and new front portico The architect for the applicant, Daniel Koplowitz of the firm of Preservation Design Group, addressed the Board. Mr. Koplowitz noted that this was a straightforward application. The applicant is looking to construct a one-story addition within the u-shaped opening in the rear of the home, and to construct a portico over the front entry stairs. This portico is basically a canopy, and if it was unsupported from the ground (supported by brackets) it would not require a variance. This portico is meant to protect the residents from the elements up to 16 inches past the first step. Zoning Board of Appeals March 4,2008 Page 10 Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. There being no one, he turned to the Board members for comments and questions. Mr. Joseph Pellino questioned what the portico would consist of. Mr. Koplowitz noted that it would be wood with standard roofing. The roof will extend approximately 15 inches past the first step. Mr. Harmon noted that the application does not exceed the gross floor area requirement of the Village's Code. He also noted that the gross floor area could be increased further increased and still be within what is allowed by the Village's Code. Mr. Michael Izzo, Village Building Inspector, noted that the gross floor area could be increased by roughly 400 square feet. Mr. Izzo also noted that the applicant is not required, under the Village Code, to provide storm water management. Rye Brook has a high water table and it is a good idea to try and capture storm water runoff wherever possible. Mr. Harmon asked that the Board members consider that there was room for additional expansion. The public portion of the hearing was closed and the Board went into deliberation. After a brief discussion, Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. Peter Goodman for a 1.2' front yard setback and a 2.8% lot coverage variance, in connection with the proposed construction of a rear one-story addition and new front portico, on property located at 9 Churchill Road, in an R-15 District, on the east side of Churchill Road, 432 feet from 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 Section: 135.26, Block: 1, Lot: 17; and WHEREAS, a duly advertised public hearing was held on March 4, 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 front yard setback variance is not substantial; Zoning Board of Appeals March 4,2008 Page 11 2) The bulk of the house is not being increased to the detriment of the neighborhood; and 3) The proposed construction would not unduly overburden the lot but merely close the existing footprint. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. 1) Applicant may not obtain a building permit for construction to increase the gross floor area without seeking approval from the Board. Dated: March 4, 2008 Mark Harmon, Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals March 4,2008 Page 12 Zoning Board of Appeals March 4,2008 Page 13 3) #08-510 MRS. PHYLLIS FRIEDLANDER 5 Magnolia Drive Expand the existing driveway and off-street parking; and install a new front walk John Scarlato, architect for the applicant, addressed the Board. He began by noting that the applicants wish to extend the driveway to make it easier to turn into the garage, which is on the side of the home. The applicant has children of driving age and they have more than two cars. As a result, the applicant is looking to create an additional parking area near the garage. In order to accomplish this, the existing fence will be moved back 6'. The additional parking will not be visible from the street. Mr. Scarlato noted that there is an existing swimming pool in the rear yard and a patio surrounding it, which counts towards the impervious coverage on the lot Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. Mr. Mark Glassman addressed the Board. He read a letter from the owners of 7 Magnolia Drive who were unable to be at the meeting, noting that they were in opposition to the application. The letter stated that expanding the driveway would create a parking lot and it would increase the amount of impervious surface. This would change the character of the neighborhood. The variance being requested is substantial and the proposed construction would have an adverse effect on their property, possibly even lowering its value. Mr. Harmon noted that one of his children is very good friends with the daughter of the residents of 7 Magnolia. In light of this fact, he stated that he did not feel comfortable voting on this application. He recused himself, and Mr. Pellino stepped in as Acting Chairman. Mr. Scarlato noted that the main issue with the house is in the rear. A new walkway was being proposed, but the applicant is willing to delete this from the application. The existing walkway would remain. There are drywells in the front of the home to catch the storm water runoff. Widening the driveway would remove cars from the street. Mr. Scarlato also pointed out that the driveway extension is not on the side of the home that is adjacent to 7 Magnolia Drive. Mr. Pellino questioned whether or not the application had been reviewed by the Village's Engineer. Mr. Izzo responded that the architect has made provisions to capture storm water runoff with a couple of kopecks; however the storm water calculations have not been reviewed by the Village Engineer and staff. Zoning Board of Appeals March 4,2008 Page 14 Mr. Izzo noted that as there were now only three members of the Board and he felt that it may be in the applicant's best interest to request an adjournment to the next meeting. Mr. Scarlato agreed, and the matter will be placed on April's agenda. Mr. Harmon called for the final item on the agenda: 4) APPROVAL OF SEPTEMBER 4, 2007, OCTOBER 2, 2007 AND FEBRUARY 5, 2008 ZONING BOARD SUMMARIES Mr. Pellino noted that he had submitted a minor change to the February summary. Mr. Harmon called for additional changes or comments. There being none, the summaries were accepted, as amended, and the meeting was adjourned (at 9:00 p.m.) Zoning Board of Appeals March 4,2008 Page 15