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Home My WebLink About2016-08-02 - Zoning Board of Appeals Meeting Minutes APPAPP_ROVED VILLAGE OF RYE BROOK DATE & d0/ 938 King Street ZONING BOARD OF APPEALS Monday,August 2,2016 Meeting at 8:00 p.m. FR fr EP 2 OAGENDA LLAGE OF RYE BROOK BUILDING DEPARTMENT 1. #16-023 Evelyn Phillips 17 Loch Lane Legalize rear addition permitted in 1956 under permit#57&legalize rear addition permitted in 1956 under permit#1008. 2. #16-022 Christopher Broderick&Patricia Broderick Kenneth Flornes&Nicole Parise-Flornes Louis Augone,Vanessa Augone&Josephine Barber Robert Delaney&Joanna Topping 699 Westchester Avenue Applicant seeks to reverse the Building Inspector's determination to grant two temporary tent permits. 3. Approval of June 7,2016 Zoning Board Summary BOARD: Joel Simon Jamie Schutzer Steven Berger,Acting Chairman Excused. Donald Moscato,Chairman Glenn Brettschneider STAFF: Michael Izzo,Building&Fire Inspector Jennifer Gray,Esq.,Village Counsel Eric Gordon,Esq.,Village Counsel Fred Seifert,Public Access Coordinator/IT Paula Patafio,Meeting Secretary BOARD LIASON: Trustee David Heiser Zoning Board of Appeals August 2,2016 Page 1 of 1 Steve Berger, Acting Chairman, welcomed everyone to the Zoning Board meeting of Tuesday,August 2,2016. He noted that two members of the Board,Donald Moscato and Glenn Brettschneider,were excused from the meeting. Although there was a quorum,in order for a variance to be approved the applicants would need to have three affirmative votes. The applicant was offered the opportunity to adjourn to the Board's September meeting. The representative for application#16-023 chose to move forward. Acting Chairman Berger introduced Village counsel,staff,and Board of Trustee Liaison David Heiser. He asked that anyone addressing the Board please come to the podium, use the microphone,and state their names and the nature of the application. He called for item#2 on the agenda,as a courtesy to members of the public who were in attendance for this matter. 2. #16-022 Christopher Broderick&Patricia Broderick Kenneth Flornes&Nicole Parise-Flornes Louis Augone,Vanessa Augone&Josephine Barber Robert Delaney&Joanna Topping 699 Westchester Avenue Applicant seeks to reverse the Building Inspector's determination to grant two temporary tent permits. Acting Chairman Berger stated that the legal counsel for the applicants, Joanna M. Topping, Esq. from the firm of Wilson Elser Moskowitz Edelman & Dicker, LLP, submitted a letter on July 28, 2016 to the Board and Village, requesting an adjournment to the September 6,2016 meeting.The reason cited for the request was the absence of the two Board members at this evening's meeting. With the consensus of the Board, the adjournment was granted. Item#1 was called before the Board: 1. #16-023 Evelyn Phillips 17 Loch Lane Legalize rear addition permitted in 1956 under permit#57&legalize rear addition permitted in 1956 under permit#1008. Steven Wrabel, Esq. from the firm of McCullough, Goldberger, Staudt, LLP, addressed the Board. He noted that in 1956 the applicant obtained two (2) building permits and constructed two(2) additions to single family home. The additions to both sides of the house were constructed pursuant to the building permits. These additions are aligned to Zoning Board of Appeals August 2,2016 Page 2 of 2 continue the existing side yards, maintaining the total of 32.7 feet,where a total of two side yards setback of 40 feet is required.Therefore,a 7.3 foot variance for the total of two side yards is required. In addition, a variance of 0.38 feet is requested where a 15 foot side yard setback is required as the addition, which was constructed in accordance with the Building Permit,has a side yard setback of 14.62 feet. The work was completed; however, there is no Certificate of Occupancy, or a record showing that any variances were requested or granted. The applicant came to the Village to legalize the additions. Attorney Wrabel noted that this addition was built over 60 years ago,and no changes are proposed. The applicant is before the Board requesting legalization. There will be no change to the character of the neighborhood. There will be no impact to the neighborhood, and no adverse impact to the environmental conditions of the neighborhood. The applicant believes that the difficulty was not self-created as permits were issued by the Town of Rye. It was also pointed out that there is no feasible alternative. Acting Chairman Berger 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 for comments and questions. Mr.Berger noted that this property has a large pond behind the home. Mr. Michael Izzo, Building Inspector, noted that there is a plot plan attached to the application. It notes where the two(2)additions were constructed. The additions do not extend past the existing structure. The construction completed the shape of the home and did not add to the footprint of the building. The public hearing was closed and the Board went into deliberation, and prepared the following resolution read by Acting Chairman Berger: Zoning Board of Appeals August 2,2016 Page 3 of 3 RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Evelyn Phillips (the "Applicant") for (1) a 0.38 single side yard setback variance for an addition, and (2) a 7.3 foot total of two side yards setback variance for each addition,in connection with the proposed legalization of a rear addition permitted in 1956 under permit#57 and the legalization of a rear addition permitted in 1956 under permit#1008, on property located at 17 Loch Lane, in an R-15 zoning district on the north side of Loch Lane,approximately30 feet from the intersection of Beechwood Circle and Loch Lane,said premises being further identified on the tax map of the Town of Rye as Parcel ID#136.21-1-1;and WHEREAS, a duly advertised public hearing on the application was opened on August 2,2016,at which time all those wishing to be heard on the application were given such opportunity;and WHEREAS,the Board closed the public hearing on August 2,2016;and WHEREAS,the proposed action is a Type II Action pursuant to the New York State Environmental Quality Review Act, and accordingly, no further environmental review is required;and WHEREAS, the Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors set forth at Section 250-13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to each of the variances: 1) The variances will not create an adverse impact to the character of the neighborhood; 2) The benefit the applicants seeks cannot be achieved through another method, feasible for the applicants to pursue, that does not require the variances; 3) The variance is not substantial for Variance#1 (0.38 ft. single side yard setback)and is substantial for Variance#2(7.3 ft.total of two side yards setback); 4) The variances will not create any adverse impacts to the physical or environmental conditions of the neighborhood;and Zoning Board of Appeals August 2,2016 Page 4 of 4 5) The need for the variances is not self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for the (1) a 0.38 single side yard setback variance for an addition,and(2)a 7.3 foot total of two side yards setback variance for each addition is hereby granted subject to the following conditions: 1. No permit or certificate of occupancy shall be issued until the Applicants have paid in full all application and consultant fees incurred by the Village in connection with the review of this application. On a motion,and a second,the resolution was adopted. The roll was called: James S.Schutzer Voting Aye Joel Simon Voting Aye Steve Berger,Acting Chairman Voting Aye The resolution was granted on a vote of 3 ayes to 0 nays Zoning Board of Appeals August 2,2016 Page 5 of 5 3. Approval of June 7,2016 Zoning Board Summary Acting Chairman Berger asked that the approval of the summary be adjourned to the September meeting,when there would be a full complement of the Board. The summary was adjourned. There being no additional business before the Board the meeting was adjourned at 8:15 p.m. Zoning Board of Appeals August 2,2016 Page 6 of 6