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HomeMy WebLinkAbout2008-11-04 - Zoning Board of Appeals Meeting Minutes Village of Rye Brook 938 King Street ZONING BOARD OF APPEALS November 4, 2008 Meeting at 8:00 p.m. AGENDA 1) #08-530 Mr. Denis McConway (Re Appearance) 3 Bell Place Construct a partial second story addition 2) #08-537 Mr. & Mrs. Jeffrey Jablon (Re-Appearance) 8 Red Roof Drive Construct a one-story side addition 3) #08-541 Mr. Michael Cohen 36 Rockridge Drive Construct a second floor addition; a new rear deck; a rear enclosed porch; perform interior alterations and legalize the existing finished basement. 4) Approval of October 10, 2008 Zoning Board Summary BOARD: Mark Harmon, Chairman Salvatore Crescenzi Don Moscato Jeffrey Rednick Michael Siegel STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary BOARD OF TRUSTEE LIAISON: Trustee Dean Santon Zoning Board of Appeals November 4,2008 Page 1 Mr. Mark Harmon, Chairman, welcomed everyone to the November 4, 2008 Zoning Board of Appeals Meeting. He called for the first item on the agenda, noting that application #08-530 was before the Board at the previous meeting. 1) #08-530 Mr. Denis McConway 3 Bell Place Construct a partial second story addition Mr. Michael Izzo, Building Inspector, addressed the Board. He stated that upon further review of the application and plans it was found that the variance being requested by the applicant was much larger than initially noted. As a result, the applicant will now be required to re-notice the matter, install a new sign, and present the Village with an Affidavit of Service. With the consensus of the Board, this matter was adjourned to the December Zoning Board of Appeals meeting. Mr. Harmon called for the second matter on the agenda. 3) #08-537 Mr. & Mrs. Jeffrey Jablon 8 Red Roof Drive Construct a one-story side addition Mr. John Scarlato, architect for the applicant, asked that the matter be recalled later in the meeting as the applicant had not yet arrived. The adjournment was granted and Mr. Harmon called for item #3 on the agenda. 3) #08-541 Mr. Michael Cohen 36 Rockridge Drive Construct a second floor addition; a new rear deck; a rear enclosed porch; perform interior alterations and legalize the existing finished basement. Zoning Board of Appeals November 4,2008 Page 2 The architect for the applicant, Justin F. Minieri, AIA, addressed the Board. He noted that the applicant, Mr. Michael Cohen, was also in attendance and would be available to answer any questions that the Board may have. Mr. Mimeri began his presentation by noting the application currently before the Board required two (2) variances. He noted that the home is currently non- conforming and in order to remove and replace the existing deck a small side yard variance of 1.34' is required. The second variance required is a gross floor footage variance. The applicant is proposing a second floor addition which consists of two (2) bedrooms and a small study. The proposed addition is being kept well within the existing footprint of the home. The proposed addition will add 1,256 square feet to the home's current 2,788. The permitted square footage in this district is 2,987. The total gross floor square footage will be 4,044 square feet—this represents an increase of 35.4%. Mr. Minieri presented the Board with photographs of the existing ranch style home. Mr. Minieri noted that the height setback ratio and front and rear yard setbacks are complied with. The character of the home and the area will not be changed. In addition, no detriment would result from the proposed addition. Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. There being no comments, he turned to the Board for comments and questions. Mr. Salvatore Crescenzi noted that a 35.4% increase in the gross square footage of the home is a significant increase. Mark Harmon agreed, and he stated that he also felt that the size of the variance being requested was substantial. The purpose of the bulk footage standard is to avoid massive homes. He felt that additional information was required in order to ascertain whether or not this addition would affect the character of the neighborhood. There is no information to show that a 4,000 square foot home would not be out of place in this neighborhood. The consensus of the Board was that the applicant needed to demonstrate that size and bulk of this home would be consistent with the neighboring homes. Mr. Harmon stated that a variance should be the least amount needed to accomplish the goals of the homeowner. The burden of proof is on the applicant. The Board asked that the applicant review the plans and see if there was another to accomplish his goals, and yet lessen the visual impact from the street. Mr. Harmon offered the applicant an adjournment to research this matter further. The applicant accepted. This matter will be put on the agenda for the December meeting. The applicant was instructed to update the sign, and submit the notarized Affidavit regarding the posting of the sign to the Village prior to the December Zoning Board of Appeals November 4,2008 Page 3 meeting. If additional time is required, the applicant must notify the Building Inspector and the matter can be adjourned to the January meeting. Mr. Don Moscato noted that this home has an existing basement. He felt that the size of the basement should be taken into consideration when reviewing this application. Mr. Harmon re-called item #2: 2) #08-537 Mr. & Mrs. Jeffrey Jablon (Re Appearance) 8 Red Roof Drive Construct a one-story side addition Mr. John Scarlato, architect, addressed the Board. He noted that Dr. Jablon was now in attendance and available to respond to any questions that the Board members may have. Dr. Jablon addressed the Board and made a presentation regarding the need for the proposed addition. He noted that the mud room is extremely small; approximately an area of 8' x 4 1/z'. The mud room includes a pantry which is about 6" deep, and has three doors — the one from the garage, the one to the house, and the pantry door. He presented the Board with photos of the mud room, and noted that there is not enough room for an ironing board or a slop sink. An actual laundry room, a mud room, a pantry, and a small storage area are part of the goal of the addition. The second issue is to create a bedroom and bathroom on the first floor for his wife's parents. They are older and it is difficult for them to navigate the stairs. They visit almost every weekend, and are there for all holidays. In addition, Dr. Jablon noted that his parents are in their 80's and they visit from Florida. Dr. Jablon noted that both the neighbors and the environment have been considered when the plans were created. The modest extension will not have a negative impact on the neighborhood. The house, with the extension, is still significantly smaller than the other homes in the community. There is appropriate screening, and additional screening will be installed to minimize the visual impact. John Scarlato noted that the plans have been tightened up a little bit in response to the comments from the Zoning Board members. The mud room was made a little smaller. A hip roof is proposed to reduce the impact from the street, and the study Zoning Board of Appeals November 4,2008 Page 4 is now placed further back from the front of the home. This lessens the impact from the street. Mr. Harmon called for members of the public wishing to address the application in support or opposition. There being no one, and no comments from the Board, the public comment portion of the meeting was closed and the Board began deliberation. The Board discussed comparables that were provided at the prior meeting and the size of the home in comparison to neighboring homes. It was noted that there would not be an adverse impact to the neighborhood, and the visual impact had been lessened with the creation of the new plans. A discussion ensued regarding the bulk standards issue. It was noted that when the Village imposed the new bulk standards virtually every house in Red Roof Farm became non-conforming. Although the applicant's house is well over the maximum square footage allowed on a lot this size, putting on an addition would not change the character of the neighborhood. It was noted that these homes were constructed on smaller lots. As noted at previous meetings, Mr. Cresenzi stated that it was his opinion that the gross floor standard was imposed unfairly and when the local law was approved it put made approximately 50 percent of homes within the Village non-conforming. Mr. Cresenzi stated that the Village Board should review this portion of the Code. Zoning Regulations are there for a purpose — to deal with the growth of the Village, however, a good Zoning Code does not create a hardship for 50% of the residents. Mr. Harmon called the meeting to order and read the following resolution: Zoning Board of Appeals November 4,2008 Page 5 RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. and Mrs. Jeffrey Jablon for a 220.5 square foot gross floor area variance, in connection with the proposed construction of a one-story side addition, on property located at 8 Red Roof Farm Drive in an R-15 District on the south side of Red Roof Drive, at the intersection of Birch Lane and Red Roof Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 135.42, Block 1, Lot 5.13; and WHEREAS October 7, 2008 and November 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 addition proposed will not be inconsistent with other homes in the neighborhood and will not adversely impact the character of the community; 2) The applicant has minimized his request so that it is now the smallest variance required to meet the purpose of the applicant. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. DATED: November 4, 2008 Mark Harmon, Chairman Mr. Harmon called the roll: Salvatore Cresenzi Voting Aye Don Moscato Voting Aye Jeffrey Rednick Voting Aye Michael Siegel Voting Aye Mark Harmon Voting Aye The application was granted by five ayes to zero nays. Zoning Board of Appeals November 4,2008 Page 6 Zoning Board of Appeals November 4,2008 Page 7 There being no further business before the Board, the meeting was adjourned at 8:36 p.m. Zoning Board of Appeals November 4,2008 Page 8