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HomeMy WebLinkAbout2007-09-04 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK 938 King Street Zoning Board of Appeals Tuesday, September 4, 2007 Meeting at 8:00 p.m. AGENDA 1. #07-489 Mr. & Mrs. Howard Hoff 812 King Street Construct a two-story garage and master bedroom addition; a second-story addition and new wood deck 2. Approval of July 17, 2007 Zoning Board Summary BOARD: Mark Harmon Salvatore Crescenzi Joseph Pellino Ronald Rettner Michael Siegel Board of Trustee Liaison: Trustee Patricia Sanders Romano STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary CONVENE Mr. Mark Harmon, Chairman, welcomed everyone to the September 4, 2007 meeting of the Zoning Board of Appeals. He thanked Mr. Joseph Pellino for chairing the July meeting in his absence. Mr. Harmon called for the first item on the agenda: 1. #07-489 Mr. & Mrs. Howard Hoff 812 King Street Construct a two-story garage and master bedroom addition; a second-story addition and new wood deck Zoning Board of Appeals September 4,2007 Page 1 Anthony Gioffre, Esq., legal counsel for the applicants from the law firm of Cuddy & Feder, addressed the Board. He noted that the applicants, Mr. & Mrs. Howard Hoff, and Mr. John Scarlato, Jr., the architect for the project, were in attendance available to answer questions. He called upon Mr. Scarlato to begin the presentation for the Board. Mr. Scarlato noted that the proposed addition would add a wing to the left of the house that would include a two-garage with a master bedroom. A small section is proposed to be added over the existing living room. The final step of this project includes re-doing the deck in the rear of the home. He presented the Board with plans for the proposed construction. Mr. Gioffre noted that there were two (2) requests. An interpretation was requested and, in the alternative, a variance was requested with respect to the front yard setback in additional to conditional variances to be discussed. The existing residence is legally non-conforming in connection with the Scenic Roads Overlay District regarding front yard setbacks. This non- conformity is not being increased by the proposed application. In connection with the interpretation, Mr. Gioffre noted that he included case law with the application. It was noted that the addition of a second story does not increase the non-conformity, and that it would not encroach any further into the front yard setback. Three (3) variances would be required for this application to move forward. The first would be from the minimum front yard setback. The proposed addition offers a front yard setback of 48.7', which results in a required variance of 11.3'. The second variance would be to the requirement that a 35' wide vegetated buffer be provided. Here the applicant is proposing to remove 66 square feet of buffer in that area. The third variance is required because a portion of the retaining wall will be replaced. Mr. Michael Izzo, Building Inspector, noted that this is the first type of variance sought in this buffer area. He stated that the only way to equate it was in terms of square footage. He also reminded the Board that this property was not rectangular in shape, which made the calculations a little more difficult. Mr. Gioffre noted that the applicant intends to remove a substantial portion of paved area within this buffer; 1130 square feet of paved area. Zoning Board of Appeals September 4,2007 Page 2 Mr. Gioffre handed out additional visual aids. He noted that in the middle of the property there is drainage. There is also a 100' water course buffer that must be maintained in the rear of the property, along with the 60' setback in the front of the house. Virtually anything that is built on this property would require a variance. This application has already received site plan approval from the Planning Board, and a wetland permit. The Scenic Roads Overlay District was an addition to the Village Code on August 10, 2004. The applicant purchased the property in 1993, long before the law was amended. The existing home and addition complied with the front yard setback requirements prior to August of 2004. Bringing the home back the additional 20' would cause it to be out of character with the existing homes in the area. It was noted that an aerial photograph was included in the initial submission. Mr. Gioffre noted that both side yards, independently, meet the side yard requirements. However, the total of two (2) side yards is deficient by 2.7'. Mr. Gioffre stated that he received a copy of a letter that was submitted to the Village in opposition to this application by Ludwig Lie, the owner of 1 Little Kings Lane. He noted that after the proposed construction, there would still be a 21' setback to his property line, and a setback on the opposite side of over 15'. Copies of letters of support of the application were made part of the application. Mr. Izzo noted that there were no copies in the application package of the letters of support. Mr. Gioffre was asked to submit a copy to the Village. He responded that copies of the original submission would be made on the following day. Mr. Gioffre noted that there is an existing mature vegetative buffer along the property line, and the applicants' residence is set down and below grade from King Street. With respect to the side yard setback variance being requested, Mr. Gioffre noted that only 17 square feet of the proposed addition is encroaching into that setback area. It is only one (1) tiny little corner and if the property line was a straight angle, no variance would be needed. He stressed that the variances being requested were not substantial. He also noted that no further encroachment or impact into the front yard would be created by this addition, which is in keeping with the character of the neighborhood. There is no alternative to the proposed areas of construction. Zoning Board of Appeals September 4,2007 Page 3 Mr. Gioffre noted that the variances requested were not substantial, there would be no further encroachment into the front yard because the proposed addition would follow the front line, and there were no adverse impacts. He also noted that there would be no change to the front of the home. He felt that the benefits clearly outweighed the negatives. Mr. Harmon called for members of the public wishing to be heard in support or opposition to the application. Mr. Joseph Pellino asked when the storm water management plan was submitted. Mr. Gioffre responded that it was submitted to the Planning Board, and has been reviewed by Mr. Michel Nowak, Assistant Engineer. He reminded the Board that there is a stream or water way in the rear yard that requires a buffer. Mr. Izzo noted that the height setback is met and this property can support a 6000 square foot home. There being no further questions or comments, 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: Zoning Board of Appeals September 4,2007 Page 4 RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Mr. &Mrs. Howard Hoff for a 11.3' minimum front yard setback variance in a Scenic Overlay District a 3.7' total side yard setback variance, and a 66 square foot front yard vegetative buffer variance in connection with the proposed construction of a two-story garage and master bedroom addition, a second-story addition, and new wood deck on property located at 812 King Street in an R-15 District on the west side of King Street, 350 feet from the intersection of Bishop Drive South and King Street. Said premises being known and designated on the ax map of the Village of Rye Brook as Section 130.77, Block 1, Lot 18. WHEREAS, a duly advertised public hearing was held on September 4, 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) The front yard setback variance will extend but not enlarge an existing non-conformity; 2) The house cannot be expanded in any other reasonable manner due to property dimensions and stream logistics; 3) The proposal will result in a net increase of front yard vegetation; and 4) The proposal is reasonable. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted on the following conditions: 1) Construction shall begin in one (1) year of the granting of the variance; 2) No further building permits may issue respecting this property without the consent of the 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: September 4, 2007 Mark Harmon, Chairperson 5 Ayes 0 Nays Zoning Board of Appeals September 4,2007 Page 5 Zoning Board of Appeals September 4,2007 Page 6 2. Approval of July 17, 2007 Zoning Board Summary Mr. Harmon called for comments on the July 17th Zoning Board Summary. The Summary was approved as submitted. There being no further business before the Board, the meeting was adjourned at 8:40 p.m. Zoning Board of Appeals September 4,2007 Page 7