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HomeMy WebLinkAbout2007-02-06 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK 938 King Street Zoning Board of Appeals Tuesday, February 6, 2007 Meeting at 8:00 p.m. AGENDA 1. #06-460 Dr. Gerald Cohen (Re Appearance) 301 South Ridge Street Conduct a commercial dentist office as a non-resident of the premises 2. 406-459 Mr.Joseph Coppola (Re Appearance) 537 Westchester Avenue Construct a one-story addition at the west elevation 3. Approval of January 2, 2007 Zoning Board Summary BOARD: Mark Harmon, Chairman Salvatore Crescenzi Joseph Pellino Ronald Rettner(arrived at 8:06 p.m.) Michael Siegel STAFF: Michael Izzo, Building Inspector Paula Patafio,Meeting Secretary Mr. Mark Harmon, Chairman, welcomed everyone to the February 6, 2007 meeting of the Zoning Board of Appeals. He called for the first matter on the agenda. #2) #06-460 DR. GERALD COHEN (Re Appearance) 301 South Ridge Street Conduct a commercial dentist office as a non-resident of the premises Zoning Board of Appeals February 6,2007 Page 1 Mr. Harmon noted that this matter appeared on the calendar for the Zoning Board of Appeals in January. The public hearing was opened, the matter was discussed, and all those wishing to address the Board in opposition or support of the application were heard. The public hearing was closed at the end of the meeting. The Board was looking to Village Counsel and the Building Department for answers to questions raised during the public hearing. Mr. Harmon noted that a question was raised in connection with any prior variances that were applied for or granted on this property. The request for information about prior variances and/or applications bore fruit as it was discovered that there was an application in 1994 for this property on behalf of Dr. Cohen for the same relief as being requested at this time. This application was denied. The Zoning Board members requested that the applicant be notified that it was their intention to re-open the public hearing. Proper notification would allow the applicant and his representative sufficient time to prepare an explanation of the request that was denied. Mr. Harmon noted that the public hearing would be re-opened for comments in connection to this matter only. He also stressed that it would be re- opened only if the applicant was given proper notice. He turned to the applicant's representative for comments. Les Maron, Esq., of counsel from the law firm of Keogh Timko & Moses, addressed the Board as legal representative for the applicant. He stated that he did not receive notification of the fact that the public hearing would be re-opened. Mr. Maron also expressed concern regarding the fact that at the previous meeting Mr. Pellino was absent and Mr. Rettner was in attendance. In order for the application to be granted, it would require a yes vote from all three of the remaining Board members. Mr. Harmon noted that the matter could be adjourned to later in the meeting in order to allow time for Mr. Rettner's arrival, or it could be adjourned to the next Zoning Board meeting. He felt that if the applicant was not aware of the reason for re-opening the public hearing, that the matter should be adjourned to the March meeting. Mr. Michael Izzo, Building Inspector, stated that the notice for this hearing was faxed to Mr. Maron's office on January 10, 2007. After a brief discussion, the matter was adjourned to the March 6, 2007 Zoning Board of Appeals meeting. Mr. Maron thanked the Board. Mr. Harmon called for the second matter on the agenda: 2. #06-459 Mr.Joseph Coppola (Re Appearance) 537 Westchester Avenue Construct a one-story addition at the west elevation. Mr. John Scarlatto, Jr., architect addressed the Board. He noted that they were before the Board in December and were asked to review the application in Zoning Board of Appeals February 6,2007 Page 2 connection with storm water drainage. He pointed out that this is an odd shaped lot with a very long driveway. A drainage plan has been presented to the Village and has been approved by the Village's Engineer. This drainage plan was designed to minimize the impact of the impervious surfaces on the property. Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. There being no one, the public portion of the meeting was closed and the Board went into deliberation. Upon the Board's return,Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. Joseph Coppola for a 7' rear yard setback variance and an impervious coverage variance of 431 square feet, in connection with the proposed construction of a one-story addition at the west elevation, on property located at 537 Westchester Avenue in an R-2F District on the north side of Westchester Avenue, 325 feet from the intersection of Hawthorne Avenue and Westchester Avenue. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 135.84, Block: 1, Lot 8. WHEREAS, a duly advertised public hearing was held on December 5, 2006, and continued on February 6, 2007, 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 obtained the approval of the Village Engineer for a drainage plan to minimize the impact of the impervious surface issues which are caused by the flag lot shape of the property; and 2) The lot is an unusual location and the addition will not enlarge any existing non-conformity. NOW,THEREFORE,BE IT RESOLVED that the application is hereby granted on the following conditions: 1) Construction shall begin within one year of the granting of the variance. 2) No further building permits may issue respecting this property without the consent of this Board given upon a properly noticed and hear application in accordance with the Village Code unless the proposed construction will not enlarge the footprint of the structure. DATED: February 6, 2007 Mark Harmon, Chairperson 5 Ayes 0 Nays Zoning Board of Appeals February 6,2007 Page 3 Zoning Board of Appeals February 6,2007 Page 4 3. Approval of January 2,2007 Zoning Board Summary Mr. Harmon called for comments or changes to the summary. The summary was approved as submitted. Mr. Harmon asked that Mr. Izzo review the files and advise the Board of how many applicants who were before the Board at prior meetings still had re-appearances pending. Mr. Izzo, after checking the Building Department's files,noted that there were none. There being no further business before the Board, the meeting was adjourned at 8:15 p.m. Zoning Board of Appeals February 6,2007 Page 5