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HomeMy WebLinkAbout2006-02-07 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK Village Hall,938 King Street Rye Brook,New York ZONING BOARD OF APPEALS Tuesday,February 7,2006 AGENDA 1) #05-384 (Re-apppearanced) Mr. & Mrs. Steven Handler 14 Rockinghorse Trail Construct a 1-�/z story garage addition, a one-story dining room addition, a second story addition, and new front portico. PRESENT BOARD: Mark Harmon, Chairman Joseph Pellino Dorothy Roer Excused: Salvatore Cresenzi Absent: Ronald Rettner STAFF: Mr. Michael Izzo,Acting Building Inspector Paula Patafio, Meeting Secretary Mr. Harmon welcomed everyone to the February meeting of the Zoning Board of Appeals. He noted that there was only one matter on the agenda; the application of Mr. &Mrs. Steven Handler. It was noted that this application was originally submitted in March of 2005. Mr. Harmon stated that there were only three members of the Board present. In order for the application to be approved, the applicant would require all three-yes votes. A no vote would result in the application being denied. He offered the applicant the opportunity to adjourn to next month's meeting when there could be five members of the Board present. After a brief discussion, the applicant decided to move forward. 1) #05-384 (Re-apppearanced) Mr. & Mrs. Steven Handler 14 Rockinghorse Trail Construct a 1-'/2 story garage addition, a one-story dining room addition, a second story addition, and new front portico. Zoning Board of Appeals February 7, 2006 Page I of 5 Anthony Gioffre, Esq., counsel from the firm of Cuddy & Feder, and Mr. John Scarlatto, Jr., architect, addressed the Board as representatives for the applicants. Mr. Gioffre began his presentation by noting that the applicants purchased this home nine years ago. At that time they knew that they would eventually have to expand the home to fit their needs. The proposed construction does not increase the non-conformity. Mr. Gioffre cited a recent court case in which the decision was that if there is no increase to the non-conformity no variances were required. This application, however, has been referred to the Zoning Board for front yard, side yard, and gross floor area variances. It was also noted that the change to the Village's Code regarding gross floor area was adopted subsequent to the purchase of this home. There have been no previous variances granted for this property. Mr. Gioffre noted that the proposed addition does not result in a detriment to the health, safety or welfare of the surrounding residents. In addition, it does not adversely affect the character of the neighborhood. He also pointed out that the application has gone through extensive review, and the applicant has made every effort to minimize the variances required. The applicant had considered a complete teardown, but teardowns have recently received a lot of negative publicity. The applicant presented the Board with photographs of the existing home, which were made part of the record. Letters of support from the most affected neighbors were also made part of the record. Mr. Scarlatto noted that the proposed addition was 682 square feet, and the addition is divided across the home. There are no adverse impacts to the environment as a result of 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 one, the public portion of the hearing was closed and the Board went into deliberation. When the Board returned from deliberation, Mr. Harmon read the following resolution granting the variances: Zoning Board of Appeals February 7, 2006 Page 2 of 5 RESOLUTION WHEREAS, application has been made to the Zoning Board of Appeals by Mr. & Mrs. Steven Handler for a 4' front yard setback variance, a .2' side yard setback variance, and a 1,181 square foot gross floor area variance, in connection with the proposed construction of a 1 '/2 story garage addition, a 1 story dining room addition, a second-story addition, and new front portico, on property located at 14 Rockinghorse Trail in an $-15 District on the west side of Rockinghorse Trail, 120 feet from the intersection of Rockinghorse Trail and Country Ridge Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Section 129.75, Block 1, Lot 2. WHEREAS, a duly advertised public hearing was held on June 7, 2005, at which time all those wishing to be heard were given such opportunity; and WHEREAS, a duly advertised public hearing was held on June 7, 2005, at which time all those wishing to be heard were given such opportunity; and WHEREAS, the Zoning Board of Appeals, from the application and after viewing the premises and neighborhood concerned, finds: 1) The front yard and side yard variances requested will not increase the existing non-conformity,both of which are minimal; and 2) The expanded home will increase by 682 square feet, will be in character with the surrounding neighborhood, and will not increase significantly the front mass of the home. NOW, THEREFORE, BE IT RESOLVED, that the said application is hereby granted on the following conditions: 1) No further building permits may issue respecting this property without the consent of this Board given upon a properly noticed and heard application in accordance with the Village's Code unless the proposed construction will not enlarge the footprint or square footage of the structure. 2) Construction shall begin within one year of the granting of the variances. DATE: February 7, 2006 Mark Harmon, Chairman Ayes: 3 Nays: 0 Zoning Board of Appeals February 7, 2006 Page 3 of 5 Zoning Board of Appeals February 7, 2006 Page 4 of 5 There being no further business before the Board, the meeting was adjourned at 8:30 p.m.. Zoning Board of Appeals February 7, 2006 Page 5 of 5