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HomeMy WebLinkAbout2007-12-04 - Zoning Board of Appeals Meeting Minutes Village of Rye Brook 938 King Street ZONING BOARD OF APPEALS Tuesday, December 4, 2007 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) #07-485 Valenti Communications Corp. (Re-Appearance) 111 South Ridge Street Erect a free-standing sign 3) 907-498 Mrs. Paula Varbero (as Executrix) 211 Neuton Avenue Legalize the existing two-car garage 4) 907-490 Mr. Brian Greaige (Re-Appearance) 10 Jennifer Lane Construct a second-story addition over the existing dwelling 5) Approval of September 4, 2007 and October 2, 2007 Zoning Board Summaries BOARD: Mark Harmon, Chairman Salvatore Crescenzi Joseph Pellino Michael Siegel Excused: Ronald Rettner STAFF: Michael Izzo, Building Inspector Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Zoning Board of Appeals December 4,2007 Page 1 Mr. Mark Harmon, Chairman, welcomed everyone to the December 4, 2007 meeting of the Zoning Board of Appeals. He noted that board member Ronald Rettner was excused from the meeting, and that the remaining members formed a quorum. He called for the first matter 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 space Mr. Harmon noted that the public hearing was closed at the last meeting in November. The Board sought direction from the Village's legal counsel regarding whether or not a variance could be granted that would end at the time that Ms. Kaufman sold her unit versus running with the land. He pointed out that this was a situation where the applicant did not have two cars, however, that is not usually the case. In fact, most people have at least two cars and, as everyone is aware, there is a parking problem in the Arbors. The opinion received from the firm of Keane & Beane casts doubt on the Zoning Board's ability to grant the variance. Mr. Harmon noted that a privileged memorandum was received by the Board at the beginning of the meeting, and the members of the Board did not have an opportunity to review the memo. Mr. Harmon suggested that the Zoning Board not issue an opinion at this time in order to allow him the opportunity to address the memorandum and discuss the findings with the Board. After a brief discussion, it was the consensus of the Board that the matter be adjourned to the January meeting. Mr. Harmon noted that Ms. Kaufman would be required to install the sign with the correct date, however, she would not have to send out an additional mailing. Mr. Michael Izzo, Building Inspector, noted that the next Zoning Board of Appeals meeting was scheduled for January 1, 2008. The Board re-scheduled the meeting to the second Tuesday of the month, January 8, 2008. Mr. Harmon called for the second matter on the agenda: Zoning Board of Appeals December 4,2007 Page 2 2) #07-485 VALENTI COMMUNICATIONS CORP. 111 South Ridge Street Erect a free-standing sign Mr. Harmon noted that no representative for the applicant was in attendance to address this matter. Mr. Izzo advised the Board that he had not heard from the applicant. After a brief discussion, the consensus of the Board adjourned to January. Mr. Izzo was directed to advise the applicant that if no one showed up for the January meeting that the matter would be closed. Mr. Harmon noted that item #4 has been adjourned at the request of the applicant. 4) #07-490 MR. BRIAN GREAIGE (Re Appearance) 10 Jennifer Lane Construct a second-story addition over the existing dwelling Mr. Harmon called for item #3: 3) #07-498 MRS. PAULA VARBERO (AS EXECUTRIX) 211 Neuton Avenue Legalize the existing two-car garage Ms. Paula Varbero, the applicant, addressed the Board. She noted that she was the Executrix of her mother's estate and she was ready to sell the home. The garage has been in existence since 1954. A permit was taken out to build the garage. The Village's Zoning Code changed on September 7, 1954 and the permit was granted on October 11, 1954 so, in essence, the application to construct the garage was made before the Zoning change. The variance now being applied for would allow the garage to remain. 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 questions and comments. Zoning Board of Appeals December 4,2007 Page 3 Mr. Joseph Pellino noted that he viewed the structure and the garage is close to the property line, but the same situation exists on the adjacent property. The garage is detached and set to the rear of the property. The public hearing was closed and the Board began to deliberate. The Board discussed the fact that if the garage was ever demolished the variance granted would no longer be valid. If a new garage were to be constructed, it would need to follow the current Village Code. Mr. Harmon prepared the resolution, which he read into the record. RESOLUTION WHEREAS, application has been made to the Zoning Board by Ms. Paula Varbero (as Executrix) for a 2' side yard and a 1'8 rear yard setback variance, in connection with the proposed construction of an accessory structure on property located at 36 Division Street in an R-2F District on the west side of Division Street. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 135.83, Block: 1, Lot: 51; and WHEREAS, a duly advertised public hearing was held on December 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) A building permit was issued in connection with the construction of the structure; 2) Applicants did not willfully violate the building Code; and 3) The accessory structure is not inconsistent with the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby granted. Dated: December 4, 2007 Mark Harmon, Chairman AYES: 4 NAYS: 0 Zoning Board of Appeals December 4,2007 Page 4 Zoning Board of Appeals December 4,2007 Page 5 Mr. Harmon called for the final item on the agenda. 5) Approval of September 4, 2007 and October 2, 2007 Zoning Board Summaries Mr. Harmon noted that the approval of the summaries would be adjourned to the January meeting. As there was no further business before the Board, the meeting was adjourned at 8:30 p.m. Zoning Board of Appeals December 4,2007 Page 6