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HomeMy WebLinkAboutBP16-175f-XT. '�tol i 4n, PERMIT# 8 )(O-) /5 DATE: lb 0 �r �`-�� E• EXP: SECTION BLOCK / LOT TYPE OF WORK JOB LOCATION yy�I J r V OWNER /✓CIf'/lPl � fbaL/ ." �C%b/'//�/ LZ/^/ 3 7 38i E� COST/��� OCiO � FEE S L CO# Co # FEE DATE INSPECTION RECORD DATE INS P FOOTING FOUNDATION FRAMING RGH FRAMING INSULATION PLUMBING F1 RGH PLUMBING GAS 0 SPRINKLER ELECTRIC LOW -VOLT 0 ALARM CJi AS BUILT �p FINAL Open Permit Letter Sent OTHE:ER=] �BOTPBle OTH AS-BUILTIFINAL SURVEY REQUIRED PRIOR TO FINAL INSPECTION VILLAGE of RYE BROOK WESTCHESTER COUNTY, NEW YORK No : 23-170 Certificate of Occupancy Ehis is to certify that D-zf Z)eo,�� (a-Met-1 f)-e Dehaz-l- of, R q 1. '&L6 Y-t /U , having duly filed an application on l/V be �D f 20��requesting a Certificate of Occupancy for the premises known as, Rye Brook,NY, located in a Zoning District and shown on the most current Tax Map as Section: ) 15-15 G Block: -l— Lot: 4-160 and having fully complied with the requirements of the Building Code and the Zoning Ordinance under Building Permit No. - I /5 , issued 0 20 )tO , such authority and permission is hereby granted to the property owner to lawfully occupy or use said premises or building or part thereof listed under the following }' New York State Classifications, Use: !�-3 - / / Construction: for the following purposes: �(�(� !��/(�� n e Subject to all the privileges, requirements, limitations, and conditions prescribed by law, and subject also to the following: ZD-nI PC GarJ �0 pD-ea IS R&S,6 lu fi�r� do - -ed MO YP1VdeZ 42, o2ZO/S This certificate does not in any way relieve the owners or any person or persons in possession or control of the premises, building,or any part thereof from obtaining such other permits or licenses as may be prescribed by law for the uses or purposes for which the building or premises is designed or intended. Furthermore, it does not relieve such owners or persons from complying with any lawful order issued with the object of maintaining the premises or building in a safe and lawful condition. No changes or rearrangement in the structural parts of the building or in the exit facilities shall be made, and no enlargement, whether by extending on any side or by increasing in ght hall be mad , shall the building be moved from one location to another until a permit to accomplish such change h4 beep&R(t-a-ifted fr t Building Inspector. Building Inspector,Village of Rye Brook: Date: NOV - 6 2023 IMVILLAGE OF RYE BROOK"CONING BOARD OF APPEALS RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Daniel Debari & Catherine Debari (the "Applicants") for (1) a patio setback variance of 2.5 feet where the minimum required setback for a patio is 6 feet pursuant to Village Code § 250-6.13(1)(a) and (2) a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line where the minimum required setback for a shed is 5 feet pursuant to Village Code § 250- 6.13(1)(h), in connection with the proposed legalization of a bluestone patio and storage shed, on property located at 11 Elm Hill Drive, in an R-12 zoning district on the East side of Elm Hill Drive, approximately 80 feet from the intersection of Hills Point Lane and Elm Hill Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.50-1-46; and WHEREAS, a duly advertised public hearing on the application was held on September 4, 2018 and continued on November 6, 2018, 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 sominmaimm November 6, 2018; 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 a patio setback variance of 2.5 feet: 1) The variance [WIL WILL NOT],create an adverse impact to the character of the neigh u , l 31310816 a3890v l 1 I/1!l8 II I 2) The benefit the Applicants seK [ CAN/ANNOT] be achieved through another method, feasible for the Applicants to pursue, that does not require the variance; 3) The variance 6/ s NOT] substantial; 4) The variance [WILL�ILL NOT]crea any adverse impacts to the physical or environments con i ions of the neighborhood; and 5) The need for the varianc 01S S NOT] self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a patio setback variance of 2.5 feet where the mini►1lum required setback for a patio is 6 feet pursuant to Village Code § 250-6.B(1)(a), is heroy [GRANTE,0/ DENIED], 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. 2. vk" �jt oiNlCL CA.(�J !�-)Cv\\ yym,:r�."�,�.1 ;��5� ►b ��c�\ L� c� tama' 4);�\ 3. Chairman Moscato called the roll: // Steven Berger Voting: ✓ Nay Abstain Excused Glen Brettschneider Voting: ✓Aye N Abstain Excused Don Moscato Voting: _ e A� Abstain Excused Jamie Schutzer Voting: ✓�ye Nay Abstain Excused Joel Simon Voting: ✓Aye Nay Abstain Excused Ayes Nays Abstain _ Excused Recused 1313/08/6I3890v1 1111118 -2- i 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 a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line: I) The variances [WILL/ WILL NOT].-c�eate an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek ['CAN/CANNOT] be achieved through another method, feasible for the Applicants to pursue, that does not require the variances; _ 3) The variances [ARE/AIDE NOT] substantial; 4) The variances [WILL/ WILL NOT]fcreate any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variances [Is7 IS NOT] self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line where the minimum required setback for a shed is 5 feet pursuant to Village Code § 250-6.13(1)(h), is hereby [GRANTED/ DENIED], 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.. 3. 1313108.1643890v1 1111'18 -3- Chairman Moscato called the roll: // Steven Berger Voting: ✓ e Nay Abstain Excused Glen Brettschneider Voting: ✓Aye y Abstain Excused Don Moscato Voting: Aye �y Abstain Excused Jamie Schutzer Voting: Aye'y Abstain Excused Joel Simon Voting: _ Aye /ty Abstain Excused _21yes 3 Nays _Abstain Excused Recused Dated: November 6, 2018 Mr. Don Moscato, Chairman 13131081643890vl 1/,1 18 -4- BUILD E '�2 ENT For office use only: D ECEU PERMIT# L -t 7 S VIL OF RYE B K ISSUED: � TREE YE BROOK, YORK 10573 DATE: !O -G OCT _ 6 14)9 939-5801 FEE: W: Q- PAID 1017 o .o VILLAGE OF BUILDING D CIMT N FOR CERTIFICATE OF OCCUPANCY/ CE AND CERTIFICATION OF COSTS It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created,erected,changed,converted or enlarged,wholly or partly,in its use or structure until a certificate of occupancy shall have been issued by the Building Inspector. §250-10.A. Code of the Village of Rye Brook Address: !/ F Occupancy/Use: GA L--- Parcel ID#: Zone: 2—1 Z Owner: 4A,✓ 1 L2 /) ! Address: P.E./R.A. or Contractor: S A✓`1E Address: Person in responsible charge: 4 wt F Address: Application is hereby made and submitted to the Building Inspector of the Village of Rye Brook for the issuance of a Certificate of Occupancy/Certificate of Compliance for the structure herein mentioned in accordance with law: STATE OF NEW YORK,COUNTY OF WESTCHESTER as: bg,✓c c? c'WA-rt (—being duly sworn,deposes and says that he/she resides at l/ E[�„ N/LL /�R ✓E (Print Name of Applicant) (No.and Street) in A�I C Xx=c,>X- ,in the County of We S Tr:i/NS T EK in the State of A,that (City/Town/Village) he/she has supervised the work at the location indicated above,and that the actual total cost was: $ o C v , —T for the construction,alteration or repair of: 4An o IL- h 2 7r Deponent further states that he/she has examined the approved plans of the structure herein referred to for which a Certificate of Occupancy / Compliance is sought, and that to the best of his/her knowledge and belief, the structure has been erected in accordance with the approved plans and any amendments thereto except in so far as variations therefore have been legally authorized,and as erected complies with the laws governing building construction. [�Jh. Sworn to before me this v Sworn to before me this day of c , 20 day of , 20 Signature of Pie Signature of Applicant ')s-,jIr- /")CIS Print Name��f'P�p Ow er Print Name of Applicant Notary Public✓/(` Notary Public CHRISTOPHER J.BRADBURY 7!T17 Notary Public,State of New York No.01 BR6159985 Ouallfied in Westchester County q Commission Expires January 29,20 ' 1 �QyE BRC�uk. o �m �'• 1982 BUILDING DEPARTMENT BUILDING INSPECTOR ❑ASSISTANT BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑CODE ENFORCEMENT OFFICER 938 King Street. Rye Brook,NY 10573 (914) 939-0668 FAx (914) 939-5801 www ryebrook.org - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - ADDRESS : \I�� tt ` DATE: PERMIT# �X� 1 ISSUED:tJ � 16SECT: BLOCK: LOT: LOCATION: awcOCCUPANCY' ❑ Violation Noted THE WORK IS... PASSED ❑ FAILED REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING ❑ ROUGH FRAMING ❑ INSULATIONS ❑ Natural Gas ❑ L.P. Gas ❑ FUEL TANK ❑ FIRE SPRINKLER ❑ FINAL PLUMBING CROSS CONNECTION FINAL ✓r ❑ OTHER D �� � � �►s VILLAGE OF RYE BROOK NOV - 7 2018 ZONING BOARD OF APPEALS VILLAGE CLERK'S OFFICE RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Daniel Debari & Catherine Debari (the "Applicants") for (1) a patio setback variance of 2.5 feet where the minimum required setback for a patio is 6 feet pursuant to Village Code § 250-6.B(1)(a) and (2) a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line where the minimum required setback for a shed is 5 feet pursuant to Village Code § 250- 6.13(1)(h), in connection with the proposed legalization of a bluestone patio and storage shed, on property located at 1 I Elm Hill Drive, in an R-12 zoning district on the East side of Elm Hill Drive, approximately 80 feet from the intersection of Hills Point Lane and Elm Hill Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.50-1-46; and WHEREAS, a duly advertised public hearing on the application was held on September 4, 2018 and continued on November 6, 2018, 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 November 6, 2018; 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 a patio setback variance of 2.5 feet: 1) The variance [WIL WILL NOT] create an adverse impact to the character of the neigh o , 1313/08/643890vl 1111118 -1- 2) The benefit the Applicants seCAN/ ANNOT] be achieved through another method, feasible for the— plicants to pursue, that does not require the variance; 3) The variance Ois NOT] substantial; 4) The variance [WILL/ �coni crea any adverse impacts to the physical or environmentas of the neighborhood; and 5) The need for the varianc [IS S NOT] self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a patio setback variance of 2.5 feet where the minimum required setback for a patio is 6 feet pursuant to Village Code § 250-6.13(1)(a), is her y [GR NTEIj/ DENIED], 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. 2. J�P-u 6 t o IJ n).fG 1-- tJ ci.�U-e ac- rv-cda Svr-\\ 3. Chairman Moscato called the roll: Steven Berger Voting: Nay Abstain Excused �Aye Glen Brettschneider Voting: ✓ NN Abstain Excused Don Moscato Voting: Ye ✓T1ay Abstain Excused Jamie Schutzer Voting: ✓ ye Nay Abstain Excused Joel Simon Voting: Aye Nay Abstain Excused Ayes Nays Abstain Excused Recused 1313/08/643890v1 11/1118 -2- 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 a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line: 1) The variances [WILL/ WILL NO .et)eate an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek�KAN* ANNOT] be achieved through another method, feasible fort plicants to pursue, that does not require the variances,3) The varianc�RE _ NOT] substantial; 4) The variances [WILL/WILL 1create any adverse impacts to the physical or environmental conditions of the neighborhood; and 1 5) The need for the variances(I IS NOT] self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line where the minimum required setback for a shed is 5 feet pursuant to Village Code § 250-6.13(1)(h), is hereby [GRANTED/ DENIED], 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. 2. 3. 1313/08/643890vl 1111118 -3- Chairman Moscato called the roll: Steven Berger Voting: ✓A' i e Nay Abstain Excused Glen Brettschneider Voting: _Aye Nay y Abstain Excused Don Moscato Voting: Aye ;/ y Abstain Excused Jamie Schutzer Voting: Aye y Abstain Excused Joel Simon Voting: Aye Nay Abstain Excused -27Ayes Nays Abstain Excused Recused Dated: November 6, 2018 1 ! � Mr. Don Moscato, Chairman 1313/081643890v/ 1111118 -4- y VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR Paul S. Rosenberg (914)939-0668 Fax(914)939-5801 Christopher J. Bradbury www.rvebrook.org TRUSTEES BUILDING&FIRE Susan R. Epstein INSPECTOR David M. Heiser Michael J. Izzo Jason A. Klein Jeffrey B. Rednick NOTICE OF HEARING ON APPLICATION NOTICE IS HEREBY GIVEN that the undersigned has tiled an application to appear before the Zoning Board of Appeals of the Village of Rye Brook. Application # 17-028 Applicant: Daniel Debari & Catherine Debari 11 Elm Hill Drive Rye Brook, New York 10573 Applicant Proposes to: Legalize bluestone patio & storage shed. At the premises known as 11 Elm Hill Drive in the Village of Rye Brook. New York, situated on the East side of Elm Hill Drive, approximately 80 feet from the intersection of Hills Point Lane and Elm Hill Drive. designated and shown on the most current tax map as Parcel ID# 135.50-1-46, the applicant does hereby request a variance(s) from the following applicable section(s)of the Zoning Ordinance: 5250-6. (B) . (1) (a) The minimum required setback for a patio is 6 feet. The plans show that the patio was approved to be constructed 6.5 feet from the north property line. However the as-built survey indicates that the patio was actually constructed only 3.5 feet from the north property line. Therefore a patio setback variance of 2.5 feet is requested. 5250-6. (B) . (1) (h) The minimum required setback for a shed is 5 feet. The as-built survey shows a new wood shed located 1.1 feet from the north property line, and 0.9 feet from the east property line. Therefore a shed setback variance of 3.9 feet from the north property line is requested and a shed setback variance of 4.1 feet from the east property line is requested. A Public Hearing on said application will be held before the Village Zoning Board of Appeals on Tuesday, September 4, 2018, at 8 o'clock p.m. at the Village of Rye Brook Offices located at 938 King Street. Rye Brook. NY 10573. Plans and other materials associated with the proposed application may be reviewed and downloaded via the Meetings/Agendas link from the Rye Brook website homepage. and are available for review at the Building Department. Dated:,g w o v _ Christo her J. dbury, Village Jerk /d`�yE fit, Via Certified Mail ( BUILDING DEPARTMENT VILLAGE OF RYE BROOK 938 KING STREET,R%F. BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 %%w.ryebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME O%%NFR: Danie? 6 Catherine Debari VIOLATION#: E 1080 11 Elm :fill Drive NOTICE#• 1't Rye Brook, NY 105713 S.B.L.: 135.50-1-46 The following violations of the Code of the Village of Rye Brook were found to exist at, 11 Elm Hill Drive, located in an. R-12 zoning district. in the('ounty of Westchester. Village of Rye Brook.NY on. December 1. 2017. CODE SECTION DESCRIPTION V::.:.A5 - OF R':: B- §2 50-6.B. , 1) .d': P--,. :: _ :n;' 1ED . .;SF;; "HA:: 6' .. -R-16! §250-6.B. (1) (h) SHE:: : ,";,TFTI CLOSER THA,*: 5' TO NORTH & EAST rR(7t::n :ANES. §91-2.A. PE:1,M11 R-f i':RE:1)/FAILURE 1" FOLLOW THE APPROVED PLANS. You are hereby directed to contact this department, obtain all necessary permits&commence to correct the abu"e captioned violation(s) immediately. Note that a re-inspection of the premises is requited by law to contirni compliance with this notice& all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY FINE, IMPRISONMENT OR BOTH. BUILDI G INVIPFCTOR ( ) ASSI$TA 1LDING INSPECTOR O VILLAGE ENGINEER i /7 19 VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR Paul S.Rosenberg (914)939-0668 Fax(914)939-5801 Christopher J Bradbury www.ryebrook.org TRUSTEES BUILDING&FIRE Susan R. Epstein INSPECTOR David M.Heiser Michael J Izzo Jason A. Klein Jeffrey B. Rednick NOTICE OF DISAPPROVAL Application N 17-028 December 1, 2017 Daniel Dehari & Catherine Debari I 1 Elm Hill Drive R%e Brook, New York 10573 PLEASE TAKE NOTWE that your application fox a Certificate of Occupancy dated October 6, 2017, submitted in connection with Building Permit 916-175 issued 8/10/2016. for the premises located at 1 1 Elm Hill Drive, Parcel IDS 135.50-1-46. has been disapproved because of non-compliance with the following section(s)ofthe Code of the Village of R%e Brook: S250-6. (B) . (1) (a) The minimum required setback for a patio is 6 feet. The plans show that the patio was approved to be constructed 6.5' from the north property line. However the as-built survey indicates that the patio was actually constructed only 3.5 feet from the north property line. S250-6. (B) . (1) (h) The minimum required setback for a shed is 5 feet. The as-built survey shows a new wood shed located 1.1 feet from the north property line, and 0.9 feet from the east property line. Please arrange to have the patio reconfigured so a.s to be in compliance with the approved plans, and the shed relocated in conlbrmance with Village Code. or an appeal to this decision may be brought before the Zoning Board of Appeals (Z.BA) in accordance with §250-13 and §250-40 of the Code of the Village of Rye Brook. Applications to appear before the Z13A are available on line at, www. +ehnX)k.ore, or may be obtained at the Building Department. Si Iv, V / ca o B 'Idin & Fire Inspector mizz a ryehrook.org 0 r oo IM l 0 / :.♦ L Ln ci Ln L UD n CD CO mi L - co C Ln o c z a C3 C3 m C a> � a LF) C 0 1: c cc _ 1 W G CZ u. 1� P O cL to _J _C Y T 7015 3010 0001'11 5828 5518 ff���J[ � �~ �M � 1• 3 O`J� M � . LA � � I BUILDING DEPARTMENT D VILLAGE OF RYE BROOK AUG - 1 2018 938 KING STREET RYE BROOK,NY 10573 VILLAGE OF RYE BROOK PHONE (914) 939-0668 i FAX(914) 939-5801 BUILDING DEPARTMENT www.ryebrook.org APPLICATION TO THE ZONING BOARD OF APPEALS Application Fee: $350.00 ( /Paid - Escrow Fee: $1,000.00 ( ' paid Date: it i 7 Subject Property: n'' 1-)41 yt Parcel ID#: %3 � 5�` / "`�� Zone: Property Owner: /)sa N/E L is/314 It f Address: i i i mi l+— //i c-L /gyp . Phone#: - Cell#: 2 i - 13 L 4-, tiny email: A ezi Applicant: L-,, . ,>c R A eL Address: Phone#: Cell#: email: Attorney/Agent: Address: Phone#: Cell#: email: The applicant named herein does hereby request an appeal from the decision made by the Building Inspector on an application dated /ICI. 6 e 6 , 20 / 7 ,whereby the Building Inspector did: Grant: ( )/Deny: ()1 the applicant a permit for /2 7/0 Q-- ez, / T --& 16 / 7 S 1. Type of Appeal: ()()Variance to the Zoning Ordinance ( )Interpretation of the Zoning Ordinance ( ) Certification for Continuation of a Nonconforming Use ( ) Permit for Occupancy ( )Permit for Use 2. This application relates to: ( )Use ( )Area ( )Height (X)Setback ( )Other: In connection with: ( )A Proposed Building (X)An Existing Building 3. Previous Ayyeal(s); ( )Have (X)Have Not been made with respect to this particular decision of the Building Inspector, and(X)Have ( )Have Not been made with respect to any other previous decision(s) made by the Building Inspector regarding the subject property. List All Previous Zoning Appeals Either Granted or Denied Concerning the Subject Propertv a. A requested variance was Granted/( )Denied on application# IY-/Y.s dated, u 77 for, 94 b. A requested variance was( )Granted/( )Denied on application# dated, for, c. A requested variance was( )Granted/( )Denied on application# dated, for, 1 (Use additional sheets if necessary) 6/1/18 4. Alteration: If work constitutes an alteration or extension to an existing building, describe briefly: 5. Construction Cost: What is the estimated cost of the proposed work? $ 6. Reasons for Appeal: A. An Area Variance to the Zoning Ordinance is requested because strict application of the ordinance would create the following hardship: B. An Interpretation of the Zoning Ordinance is requested because: C. A Use Variance to the Zoning Ordinance is requested because strict application of the ordinance would create the following hardship: L e- /is ..I 6//✓� /'6+1e 2 (Use additional sheets if necessary) 6/1/18 7. 'Requested Zoning Appeals: I. Section of Rye Brook Code: § 7 `t; - (I Z3 ( f (c Zoning Requirement: Proposed Work: Requested Variance:„ r v r /A II. Section of Rye Brook Code: § ,2 S-b Zoning Requirement: Proposed Work: Requested Variance: �e d �G c G ce d vC�a7Un 0 C �Ta e/v vri0✓,.d� a /7{�tf. ��ff III. Section of Rye Brook Code: § �J Zoning Requirement: Proposed Work: Requested Variance: IV. Section of Rye Brook Code: § Zoning Requirement: Proposed Work: Requested Variance: V. Section of Rye Brook Code: § Zoning Requirement: Proposed Work: Requested Variance: 3 (Use additional sheets if necessary) 6/1/18 8. Item checklist of information from instruction sheet: ( Letter of Disapproval ( % /i operly completed & Signed Original Zoning Variance Application (� fu e(3) Sets of Sealed Plans ( n-rendable Application Fee of$350.00 ( scrow Account Fee of$1,000.00 ( ) Provisions of any deeds, covenants, easements or restrictions affecting the kind of improvements allowed or prohibited upon the premises. ( ) Notarized Mailer& Sign Affidavits, Area Map&Public Notification List (Please note that the notarized affidavits must be received by the Building Department by no later than the Thursday prior to the scheduled zoning hearing) This application must include the notarized signature(s) of the applicant of record as well that of the legal owner(s) of the subject property in the spaces provided below. Any application not properly signed shall be deemed null and void and will be returned to the applicant. STATE OF NEW YOM COUNTY OF WESTCHESTER ) as: I�A N CL i�,F/0,i i being duly sworn,deposes and states that he/she is the applicant above named, (print name of individual signing as the applicant) and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the (indicate architect,contractor,agent,attorney,etc.) for the legal owner and is duly authorized to make and file this application. That all statements contained herein are true to the best of his/her knowledge and belief, and that any work performed or use conducted at the above captioned property will be in conformance with the determination of, and any conditions set by the Rye Brook Zoning Board of Appeals, with the details as set forth and contained in this application and in any accompanying approved plans and specifications, as well as in accordance with the New York State Uniform Fire Prevention & Building Code, the Code of the Village of Rye Brook and all other applicable laws, ordinances and regulations. sr Sworn to before me this Sworn to before me this day of t- 20_L�- day of_ , 20 Notary Notary Public Signature o er Signature of Applicant Lb A4 /;t2 L�,tn4 A+v- 1 Print Name of Property Owner Print Name of Applicant SHARI MELILLO Notary Public, State of New York No.01 ME6160063 Qualified it Westchester Coun Commission Expires January 29. 20 / 4 6/1/18 AFFIDAVIT FOR POSTING OF PUBLIC NOTICE SIGNS I, Daniel DeBari, of 11 Elm Hill Drive, Rye Brook, NY 10573, hereby certify that I have posted two (2) PUBLIC NOTICE signs on the subject property to the exact specifications required in the Zoning Board of Appeals application. As we are on a bend around Elm Hill Drive, 1 sign was placed facing North and one sign was placed facing East. Each sign was placed above the fence line just inside the property line in clear view of all who pass. The signs were placed on the subject property on August 20th 2018 in regards to the hearing on September 41n IIIIII Il llllllll I�I>I101ml��I���i'' Dated this day, the 211t of August, 2018. Signature of Affiant: l Sworn to and subscribed to me this the day of 1S7— , 2018' Notary Public: L EILEEN K. DEBARI _ NOTARY PUBLIC OF NEW JERSEY , ._ !Ay Commission Expires April 5,2021 . I r" E V L� D E AUG 2 2 2018 VILLAGE OF RYE BROOK BUILDING_0�.7ART!�ENT M,. 9"�'� ._��`'t`���# .i.` � ,� ..a '�' _ �.� � �____- - _ � p`#'f•f� cif_ __ J ~ � �� 1•.*� � �-:•t ELT �'.9e •.t��ik I 1�Yt•.3,., Al , tt IL Al Y r. ?�,4, � !fit l;f �•� ,+�# N w ,L .-r '1 ♦ f �. ., �.•`�- -.. _ � :b..`t i __- - %�•,4.... -�•,.r ..:,�- i.� _ _ -. - __� __fir - - __-___._�. ,. _ �. _ Y3CA3�,W 3W IQ fit.!M YFIA'�OV. 'ts thq��l c:3 noo*rrWJ Al PP'! GATvP--) �#-/ 7 - 02 - AFFIDAVIT FOR MAILING PUBLIC NOTIFICATION LIST I, A3wt0-) l�� g3 r ` , of 11 Elm Hill Drive, Rye Brook, NY 10573, hereby certify that I have completed the mailing of the Notice of Public Hearing issued by the Village Administrator, received by the Building Department, to the entire notification list of neighboring properties as seen on the map below on August 17th, 2018. 1 Estete of Edythe' e s,DMd&Me I 6c—.* use0 kr 20 Ehn HMI Dr Jim Eryrm&I 19 Bret 9 Wels,Mdr o 18 El.HIE Dr olzenberg Sitm 4 Hillspoint I,. Frost,la 17 Elm MII Dr 3 HMI m In m ro trs. 1 ,BWreB York, Suss 67 Takote 16 Elm HMI Or M'^NfeZ•lame 6 HlkpoNt IS Om HW A M, '41 w ern J 7 Pd D.11.0,Da W.I Dxek Shepherd, Nsbury 1), 9 Fkn HII Dr T. 14 El.Im AM— a 17 Elm WIIA _ 2 WASPOW In Subject RopertY tm ma mm ELM HILL�R tam cv taa VACANT Sedler,laden Papper.Wllllem 12 EIm HIP Dr 10 Elm IN Dr 6 Horseshoe lone SlWernten,De - LM HLL PARK 51-1— Dated this day, the 17th of August, 2018. I Signature of Affiant: Sworn to and subscribed to me this the day of A2018 Notary Public: _ ,` , a�15 pCC� ECiWE 1 AUG 2 2 2018 L— VILLAGE OF RYE BROOK I BUILDING DEOARTPJIENTtl� �b C4 O c LL M _C 6. Q 'O O � a � . a 4 = J N J y Ec gg�� Q a C lLi a c w c � a o oa � = ao � 0 a, a ar - w kD W N C } � C � 6 6. E E � E _o`, W w W a w E w m W a p J Ln of J d � Gr% ter+ M cn = J c a E = uj w m W O W ei L N V 1 s E � o =� A N hLn m N L Q Q co 2 N W E w m Q z . Af F IDAVIT f OR POSTI122,QF tVkgC NQ t I{t SIC)m 1, (H►IKM UeBari,of 11 Elm fill Drive, Rye Brook, NY 10S 73, hereby cererfy that I hire posted two 121 PUBIK 1#0710E signs on ttk• w,bject property to the erect speed cartroins fequir+ed in the ZonenR ward of Appral.%apPlicatoon As we are on .1 tx-nd araund Flm H,II ()five, I vtn was placed fac.ng North and one sign was placed facing East Cach Sign wati placed above the fence Irne luNt in%ide the ProPefly hne in clear vvew of an who pass Thr%igns were placed on the subject propertyr on Ottober 26", 2018 ,n rei ard'. to the hearing on N'olvember 6"r 2018 � p ~ 'dr& 7.E NOV - 1 2018 f I VILLAGE OF RYE BROOK I I I II BUILDING DEPARTMENT Dated this day,the i"of November,201& Signature of Affiant; 1 St Sworn to and Subscribed to me this the day of Notary Public; Q � _ t, 1 IBIUL [ C� L� AMC NOV - 6 2018 AFFIDAVIT FOR POSTING OF PUBLIC NOTICE SIGNS AGE OF RYE BROOK DING DEPARTMENT I, Daniel DeBari, of 11 Elm Hill Drive, Rye Brook, NY 10573, hereby certify that I have posted two (2) PUBLIC NOTICE signs on the subject property to the exact specifications required in the Zoning Board of Appeals application. As we are on a bend around Elm Hill Drive, 1 sign was placed facing North and one sign was placed facing East. Each sign was placed above the fence line just inside the property line in clear view of all who pass. The signs were placed on the subject property on October 26th, 2018 in regards to the hearing on November 61h, 2018. PUF'JL NOTICE _s e PU9[C NO'CE i IIIIIII I � II II III Dated this day, the 1st of November, 2018. Signature of Affiant: G Sworn to and subscribed to me this the I day of Ob' m6c 2018 Notary Public: '" 4 1 %y CCmo n W �Pr I DOI q i� .Aid•, '�` l �/Y r .. 1 � i . 04. N �� � M a A , � i�f 1. N y l 1 �F., �0 ���_� � �� �; f ;. �, �� �. �. �:,%,w a / � � - :, :. J f lI: ' .i � tsM�� � fY V� �l� �. _� �z o `� - *: _ -�:. ,: _ -- _, _ _ _ ..,.� • � � � �_ � . �; �;, � ,� �� _ -�.: � � ,;,4.� t'2 } e _ � _ ,,�%::1 �'. -_���� + fi 4 1 i j i i. � ., ,, t i� v i?�j..� t �_ T f' f Y 'lk it V:o- t' 3 44" y5 a y r i \�' �� •�� r�. 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ITEMS: 1.1. #17-028 (adjourned from 9/4/2018)(adjourned to 11/6/2018 by Property Owner) Daniel Debari&Catherine Debari 11 Elm Hill Drive II Legalize bluestone patio and storage shed. Mail Affidavit N A Sign Affidavit V' Approvals; Adjournment Z Aye. 54r Nay; .3 1.2. #18-003 44 Fawcett Holding Corp. 26 Division Street Request extension of approval of Zoning variance, Village Code § 250-13.H. Approvals; Adjournment Aye; Nay; 1.3. #18-019 Scott Campbell&Deann Campbell 2 Bonwit Road Construct a rear one story addition. Mail Affidavit Sign Affidavit Approvals; Adjournment DM ✓ MI f Aye; SB SF Nay; GB PP JDS K&B ✓ JS DH 1.4. #18-017 Stuart Wechsler& Stacey Wechsler 44 Country Ridge Drive Construct a rear one story addition. Mail Affidavit Sign Affidavit Approvals; Adjournment Aye; Nay; 2. SUMMARY APPROVALS: 2.1. Approval of October 2, 2018 Zoning Board Summary Approvals; Adjournment Aye; Nay; DM MI SB SF GB PP JDS K&B JS DH BR(�v� Village of Rye Brook X A enda `D %*� Z Zoning Board of Appeals Meeting lJ t t�+w c��4t Tuesday, October 2, 2018 at 8:00 PM Village Hall, 938 King Street 1. ITEMS: 1.1. #17-028 (adjourned from 9/4/2018) (adjourned to 11/6/2018 by Property Owner) Daniel Debari & Catherine Debari 11 Elm Hill Drive Legalize Bluestone patio and storage shed. Mail Affidavit Sign Affidavit Approvals; Adjourn Ament �� 1 l AzyT L l C A-r-O T S Aye; Nay; 1.2. #18-016 Philip Gasparini & Mackenzie Gasparini 5 Charles Lane Construct a new wood rear deck and exterior alterations. Mail Affidavit Sign Affidavit Approvals; Adjournment Aye; Nay; 1.3. #18-018 Terence Toal& Susan Toal 57 Tamarack Road Legalize the existing two car garage constructed in 1947. Mail Affidavit Sign Affidavit Approvals; Adjournment Aye; DM ✓ MI SB SF Nay; GB PP JDS / K&B JS DH 2. SUMMARY APPROVALS: 2.1. Approval of September 4, 2018 Zoning Board Summary Approvals; Adjournment Aye; Nay; DM MI SB SF GB PP JDS tDHK&B JS �yE BRnv� Village of Rye Brook Agenda O y Zoning Board of Appeals Meeting j Tuesday, September 4, 2018 at 8:00 PM j Village Hall, 938 King Street 7. 1. ITEMS: 1.1. #18-010 (adjourned from 7/3/2018 & 8/7/2018) Talcott Woods Home Owners Association Talcott Road H.O.A Property Install H.O.A sign; Illuminated monument. Mail Affidavit Sign Affidavit Approvals; Adjournment Aye; Nay; 1.2. #18-014 (adjourned from 8/7/2018) Siho Ham& Melody Jones 6 Eagles Bluff Construct a 2nd story addition; new front porch; new rear porch; partial finished basement; interior alterations; new driveway retaining wall and expand driveway. Mail Affidavit Sign Affidavit Approvals; Adjournment Aye; Nay; DM ✓ MI J SB ✓ SF GB ✓ PP JDS K&B JS DH yj L� ' w � i•ivlw \ 1.3. #18-015 Bruce DePaola & Felicia DePaola 128 Country Ridge Drive Construct one story side addition. Mail Affidavit Sign Affidavit Approvals; Adjournment Aye; Nay; 1.4. #17-028 Daniel Debari &Catherine Debari 11 Elm Hill Drive Legalize bluestone patio and storage shed.. Mail Affidavit V Sign Affidavit V Approvals; Adjournment 1 O Z Aye; Nay; 2. SUMMARY APPROVALS: 2.1. Approval of August 7, 2018 Zoning Board Summary Approvals; Adjournment Aye; Nay; DM MI SB SF GB PP JDS K&B HDH JS QyE 4R �.. O� y Village of Rye Brook A enda Zoning Board of Appeals Meeting >) Tuesday, November 6, 2018 at 8:00 PM Village Hall, 938 King Street gppROVED DATE 7 1. ITEMS: 1.1. #17-028 (adjourned from 9/4/2018; adjourned to 11/6/2018 by Property Owner) Daniel Debari & Catherine Debari I 1 Elm Hill Drive F Legalize bluestone patio and storage shed. FEB - 6 2019 1.2. #18-003 VILLAGE OF RYE BROOK 44 Fawcett Holding Corp. BUILDING DEPARTP,AENT 26 Division Street Request extension of approval of Zoning variance, Village Code § 250-13.H. 1.3. #18-019 Scott Campbell & Deann Campbell 2 Bonwit Road Construct a rear one story addition. 1.4. #18-017 Stuart Wechsler& Stacey Wechsler 44 Country Ridge Drive Construct a rear one story addition. 2. SUMMARY APPROVALS: October 2, 2018 Zoning Board Summary Zoning Board of Appeals November 6,2018 Page 1 of 13 BOARD: Glenn Brettschneider Steven Berger Jamie Schutzer Joel Simon Donald Moscato, Chairman STAFF: Michael Izzo, Building & Fire Inspector Drew Gamils, Esq., Village Counsel Fred Seifert, Public Access Coordinator/IT BOARD OF TRUSTEE LIAISON: David Heiser Chairman Donald Moscato welcomed everyone to the Tuesday, November 6, 2018, meeting of the Zoning Board of Appeals. He noted that with the arrival of Mr. Brettschneider there was a full complement of the Board. He introduced the Board, Village Counsel, and Village Staff. Chairman Moscato reviewed the agenda, noting that there were five items, with one being a carry-over from previous meetings. Chairman Moscato asked that anyone addressing the Board please come to the podium, use the microphone, state their name, address, and the nature of the application. He called for the first matter on the agenda: 1. #17-028 (adjourned from 9/4/2018; adjourned to 11/6/2018 by Property Owner) Daniel Debari & Catherine Debari Legalize bluestone patio and storage shed. Mr. Daniel Debari, the applicant, addressed the Board. He reviewed the application and presented the Board with pre- and post construction photos of the patio, as well as photos of the property. He noted that the property was unique and therefore had several setback challenges. He stated that the patio and shed created a desirable change to the character of the neighborhood, and many of the neighbors have submitted letters in support of the application (which were made a part of the record). He noted that it would be a financial hardship to remove the portion of the patio that was constructed within the side yard setback and to move the shed. The adjacent neighbor does not have an issue with the shed and there is no other area on the property where the shed could be constructed. Mr. Debari presented several images to demonstrate why other locations on the property were insufficient to construct the shed. He Zoning Board of Appeals November 6,2018 Page 2 of 13 pointed out that there is shrubbery on the side of the home which screens a portion of the shed, and the applicants feel that the variance requested is not substantial. The neighbors also like the shed because it provides a little extra privacy. The difficulty was self-created, but it will not affect the character of the neighborhood, or any of the adjacent property values. Chairman Moscato noted that tonight's powerpoint presentation was part of the record. He stated that he had an issue when a property owner builds something without checking the requirements of the Village code. Chairman Moscato stated that he had an issue with the shed. It was his understanding that the applicants were going to return with a formal proposal reducing the required variances. However, the applicants made no changes in order to reduce the magnitude of the variances requested. Chairman Moscato noted that although this is a corner property, there are many corner properties in the Village. He expressed his concern that the construction was done without prior approval. The Board agreed that it should consider the patio and the shed as two separate issues. The shed is right up against the property line. The consensus of the Board was that the applicant should have known that the shed was too close to the property line and that a variance was required prior to the construction. Chairman Moscato pointed out that variances run with the property and not the homeowner. This was a concern for the Board. The Board considered granting a variance that would apply only to that shed. Attorney Drew Gamils stated that a condition could be placed on the granting of the variance. If the shed ever needed to be replaced, it could not be placed in the same spot and the applicants would need to follow the Village's Code regarding setbacks. Chairman Moscato called for members of the public wishing to address the Board in support or opposition. The Derek Sykes, 9 Elm Hill Drive, the adjacent neighbor most impacted by the shed addressed the Board and noted that there was landscaping on the applicants' property that screened the visual effect of the shed. The shed does not take away from their view and provides additional privacy. It does not adversely affect them in any way. Jaime Ramierez, 15 Elm Hill Drives spoke in favor of the application. He explained that he had no problem selling his property with the shed. No potential purchasers raised the shed or patio as an issue. His backyard is actually very private with high hedges. Jason Miller of 19 Elm Hill road spoke in favor of the application. He spoke that the patio gave the property more curb appeal and was a value to the community and neighborhood. He said the patio was a positive aesthetic effect on the neighborhood. Robert Weisz of 22 Elm Hill Drive also spoke in favor of the application. He explained that he believed the patio was positive for the neighborhood. The patio is not really visible from the street. If the patio is made smaller by two feet, as is it is an attractive feature and improves the curb appeal. Elm Hill Drive is a very social street and all the neighbors make use of this deck. Bringing it in substantially will decrease the ability of the community to use the patio. Rob Levine of 3 Horseshoe Lane also spoke in favor of the application. He has lived at 3 Horseshoe Lane since 1979. The house was built in the 1860s Zoning Board of Appeals November 6,2018 Page 3 of 13 and has unique features, and the size of lot is smaller. The patio is a social gathering point for the neighborhood and agreed a variance was warranted. There were no members of the public wishing to address the Board in opposition to the application. The public portion of the hearing was closed and the Board began deliberation. The five factors used by Zoning Boards when reviewing applications was used in the Board's deliberation. Chairman Moscato felt that the contractor was clearly at fault, but the remedy was the responsibility of the homeowner. The adjournments were granted with the hope that a compromise could be reached. The applicant noted that there was no physical option for where the shed could have been constructed. Chairman Moscato noted that the patio and shed variance requests would be taken separately read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Daniel Debari & Catherine Debari (the "Applicants") for (1) a patio setback variance of 2.5 feet where the minimum required setback for a patio is 6 feet pursuant to Village Code § 250-6.B(1)(a) and (2) a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line where the minimum required setback for a shed is 5 feet pursuant to Village Code § 250-6.B(1)(h), in connection with the proposed legalization of a bluestone patio and storage shed, on property located at 11 Elm Hill Drive, in an R-12 zoning district on the East side of Elm Hill Drive, approximately 80 feet from the intersection of Hills Point Lane and Elm Hill Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.50-1-46; and WHEREAS, a duly advertised public hearing on the application was held on September 4, 2018 and continued on November 6, 2018, 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 November 6, 2018; and Zoning Board of Appeals November 6,2018 Page 4 of 13 1 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 a patio setback variance of 2.5 feet: 1) The variance WILL NOT create an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek CAN be achieved through another method, feasible for the Applicants to pursue, that does not require the variance; 3) The variance IS substantial; 4) The variance WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a patio setback variance of 2.5 feet where the minimum required setback for a patio is 6 feet pursuant to Village Code § 250-6.13(1)(a), 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. 2. The patio shall remain unenclosed, no enclosure or pergola shall be constructed above the patio. Chairman Moscato called the roll: Steven Berger Voting: Aye Glen Brettschneider Voting: Aye Zoning Board of Appeals November 6,2018 Page 5 of 13 Don Moscato Voting: Nay Jamie Schutzer Voting: Aye Joel Simon Voting: Aye 4 Ayes 1 Nays 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 a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line: 1) The variances WILL NOT create an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek CAN be achieved through another method, feasible for the Applicants to pursue, that does not require the variances; 3) The variances ARE substantial; 4) The variances WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variances IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a shed setback variance of 3.9 feet from the north property line and shed setback variance of 4.1 feet from the east property line where the minimum required setback for a shed is 5 feet pursuant to Village Code § 250-6.B(1)(h), is hereby DENIED, subject to the following conditions: Chairman Moscato called the roll: Steven Berger Voting: Aye Glen Brettschneider Voting: Aye Don Moscato Voting: Nay Jamie Schutzer Voting: Nay Zoning Board of Appeals November 6,2018 Page 6 of 13 Joel Simon Voting: Nay 2 Ayes 3 Nays 2. #18-003 44 Fawcett Holding Corp. 26 Division Street Request extension of approval of Zoning variance, Village Code § 250-13.H Attorney Gamils noted that this matter was not on the agenda at the prior meeting. It was placed on the agenda as an administrative clean up. The applicants have requested an extension of the previously approved variances. The Board approved an extension of six months, and the application was approved by a vote of 5 ayes and zero nays. RESOLUTION WHEREAS, on April 3, 2018 the Village of Rye Brook Zoning Board of Appeals granted 44 Fawcett Holding Corp (the "Applicant") (1) a 10.14% front yard impervious coverage variance where the maximum allowable front yard impervious coverage is 30% pursuant to Village Code §250-37.D; and (2) a single off-street parking space variance where the minimum required number of off-street parking spaces for two-family dwelling is five (5) pursuant to Village Code §-250-6.G(1)(c)[2],in connection with the proposed new two family dwelling, on property located at 26 Division Street, in an R2-F zoning district on the West side of Division Street, approximately 200 feet from the intersection of Bowman Avenue and Division Street. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 141.27-1-10.2; and WHEREAS, the variances expired October 3, 2018 pursuant to Village Code § 250- 13.H; and WHEREAS, the Zoning Board is in receipt of a letter from Anthony B. Gioffre III dated September 27, 2018 requesting an extension of the variances; and Zoning Board of Appeals November 6,2018 Page 7 of 13 WHEREAS, the Zoning Board has the authority pursuant to Village Code § 250- 13.1-1 to grant an extension of the original variance approval for an additional six (6) months if the applicant demonstrates that there is a good cause for an extension; and WHEREAS, the Applicant obtained the related Planning Board approvals for this matter in June, since that time the Applicant has been working diligently on finalizing the structural details in order to complete the drawing and foundation plans needed to file the building permit application. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Zoning Board hereby grants a six (6) month extension of the variances referenced herein for property located at 26 Division Street to expire on May 6, 2019 unless a building permit is issued prior to May 6, 2019. Chairman Moscato called the roll: Steven Berger Voting: Aye Glen Brettschneider Voting: Aye Don Moscato Voting: Aye Jamie Schutzer Voting: Aye Joel Simon Voting: Aye 5 Ayes 4 Nays 3. #18-019 Scott Campbell & Deann Campbell 2 Bonwit Road Construct a rear one story addition. Jacob Goldberg, the architect for the project, spoke on behalf of the applicants. Mr. Goldberg noted that the proposed construction is a one story addition in the rear of the home. At the back of the property there is a raised covered porch that the applicants would Re to reconstruct to make interior space to resolve some issues with the home. The home is a front to back split and there are no good solutions without out changing the porch. The addition will not go further back or further on the side then existing home. The additional essential completes the rectangle. The footprint of the home will not change, the project is going over the existing patio. The applicants are requesting the minimal variance which will Zoning Board of Appeals November 6,2018 Page 8 of 13 not have an effect on the character of the neighborhood. The request is for a GFA of 299 square feet, off of the allowed 3,264 square feet, its about a 9% variance. The property is an R-12 Zoning District and the lot size is 15,300 square feet, Chairman Moscato did not believe the applicant was pushing the size of the home and stated that this was a utility variance. Chairman Moscato 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 deliberated. Chairman Moscato read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Scott Campbell & Deann Campbell (the "Applicants") for a gross floor area variance of 299 square feet where the maximum allowable gross floor area is 3,264 square feet pursuant to Village Code § 250-21.E, in connection with the proposed rear one story addition, on property located at 2 Bonwit Road, in an R-12 zoning district on the South side of Bonwit Road, at the intersection of Greenhouse Circle and Bonwit Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.51-1-14; and WHEREAS, a duly advertised public hearing on the application was held on November 6, 2018, 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 November 6, 2018; 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 requested variance that: Zoning Board of Appeals November 6,2018 Page 9 of 13 1) The variance WILL NOT create an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek CANNOT be achieved through another method, feasible for the Applicants to pursue, that does not require the variance; 3) The variance IS substantial; 4) The variance WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a gross floor area variance of 299 square feet where the maximum allowable gross floor area is 3,264 square feet pursuant to Village Code § 250-21.E, 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. Chairman Moscato called the roll: Steven Berger Voting: Aye Glen Brettschneider Voting: Aye Don Moscato Voting: Aye Jamie Schutzer Voting: Aye Joel Simon Voting: Aye 5 Ayes 0 Nays The resolution was adopted by a vote of five ayes and zero nays. Zoning Board of Appeals November 6,2018 Page 10 of 13 4. #18-017 Stuart Wechsler& Stacey Wechsler 44 Country Ridge Drive Construct a rear one story addition. Mr. Justin Minieri, architect for the applicants, addressed the Board. He noted that the applicants were proposing the construction of a one story addition, which will square off the home. He presented the Board with a photo board and indicated where the addition was proposed to be constructed. The property is well screened and there will not be an impact to the character of the neighborhood. The proposed construction is small in nature and will not impede on the privacy of the neighbors. The one story addition will allow reconfiguration of the kitchen, a pantry area and a mud room. A reduction in the variance will not serve the applicant's purpose. In 2006 the entire house was rebuilt. Mr. Izzo, Building Inspector, noted that this was a proposed second story addition in 2006 that turned into a tear down. The whole house had to be rebuilt. The applicant was granted several variances for the tear down. Stuart Wechsler, the applicant, spoke to the Board to clarify the 2006 tear down. Attorney Gamils explained that the Applicant will not be able to construct a second story unless they obtain another GFA variance. Chairman Moscato called for members of the public wishing to address the Board in support or opposition to the application. Alyssa Heller, at 52 Country Ridge Drive, addressed the Board and noted her support of the application. She explained that what the owners did back in 2006 was very attracted to the neighborhood and helps with the values of the properties in this neighborhood. There being no one else wishing to address the Board, the public portion of the hearing was closed and the Board went into deliberation. Chairman Moscato read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Stuart Wechsler & Stacey Wechsler (the "Applicants") for a gross floor area variance of 188 square feet where the maximum allowable gross floor area for this property Zoning Board of Appeals November 6,2018 Page 11 of 13 is 3,914 square feet pursuant to a 2006 Zoning Board of Appeals variance, in connection with the proposed one story rear addition, on property located at 44 Country Ridge Drive, in an R-15 zoning district on the East side of Country Ridge Drive, approximately 306 feet from the intersection of Fairlawn Parkway and Country Ridge Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 129.59-1- 15; and WHEREAS, on November 7, 2006 the Rye Brook Zoning Board of Appeals granted (1) a 1.5 foot single side yard setback variance where the minimum required single side yard setback was 15 feet pursuant to Village Code § 250-20.F(2)(a) and (2) a 468 square foot gross floor area variance where the maximum permitted gross floor area for this lot was 3,446 square feet pursuant to Village Code § 250-20.1); and WHEREAS, a duly advertised public hearing on the application was held on November 6, 2018, 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 November 6, 2018; 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 requested variance that: 1) The variance WILL NOT create an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek CANNOT be achieved through another method, feasible for the Applicants to pursue, that does not require the variance; 3) The variance IS NOT substantial; Zoning Board of Appeals November 6,2018 Page 12 of 13 4) The variance WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a gross floor area variance of 188 square feet where the maximum allowable gross floor area for this property is 3,914 square feet pursuant to a 2006 Zoning Board of Appeals variance, 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. Chairman Moscato called the roll: Steven Berger Voting: Aye Glen Brettschneider Voting: Aye Don Moscato Voting: Aye Jamie Schutzer Voting: Aye Joel Simon Voting: Aye 5 Ayes 0 Nays 2. SUMMARY APPROVALS: October 2, 2018 Zoning Board Summary The October 2, 2018 Zoning Board Summary was approved as amended. The Board discussed rescheduling the January meeting as it falls on New Year's Day. Once a decision has been reached there will be public notice of the new date. There being no further business before the Board,the meeting was adjourned. Zoning Board of Appeals November 6,2018 Page 13 of 13 I Village of Rye Brook QR(�vr Agenda O Zoning Board of Appeals Meeting Tuesday, October 2, 2018 at 8:00 P Village Hall, 938 King Street APPROVED i DATE r I Ito Ism 1. ITEMS: ECIEFYIE 0 1.1. #17-028 (adjourned from 94 2018) D Daniel Debari & Catherine Debari NOV - 7 2018 11 Elm Hill Drive Legalize bluestone patio and storage shed. VILLAGE OF RYE BROOK BUILDING DEPARTMENT 1.2. #18-016 Philip Gasparini & Mackenzie Gasparini 5 Charles Lane Construct a new wood rear deck and exterior alterations. 1.3. #18-018 Terence Toal & Susan Toal 571-amarack Road Legalize the existing two car garage constructed in 1947. 2. SUMMARY APPROVALS: 2.1. Approval of September 4, 2018 Zoning Board Summary BOARD: Glenn Brettschneider Jamie Schutzer Joel Simon Donald Moscato, Chairman Excused: Steven Berger STAFF: Michael Izzo, Building & Fire Inspector Drew Gamils, Esq., Village Counsel Fred Seifert, Public Access Coordinator/IT Zoning Board of Appeals October 2,2018 Page 1 of 8 BOARD OF TRUSTEE LIAISON: David Heiser Chairman Donald Moscato welcomed everyone to the Tuesday, October 2, 2018, meeting of the Zoning Board of Appeals. He noted that there was not a full complement of the Board, with Steve Berger being excused. Applications would require three out of the four votes to be in the affirmative in order for the variances to be approved. He introduced the Board and Village Staff. It was noted that one of the items on the agenda was a carry- over from the prior meeting. Chairman Moscato asked that anyone addressing the Board please come to the podium, use the microphone, state their name, address, and the nature of the application. He called for the first matter on the agenda: 1. #17-028 (adjourned from 9/4/2018) Daniel Debari & Catherine Debari 11 Elm Hill Drive Legalize bluestone patio and storage shed. Chairman Moscato noted that the applicants requested an adjournment to the November 6, 2018 Zoning Board meeting. On a motion and a second, the adjournment was granted. Chairman Moscato returned to the agenda and called for the second item: 2. #18-016 Philip Gasparini & Mackenzie Gasparini 5 Charles Lane Construct a new wood rear deck and exterior alterations. John Scarlato, the applicants' architect, addressed the Board. He noted that the home, which is a raised ranch, is located on Charles Lane. The applicants are seeking to construct a 413 square foot new rear wood deck with a sliding glass door, add new siding and renovations to the windows. Mr. Scarlato presented the Board with a slide presentation showing the home, blueprints, landscaping, neighboring homes, and the area where the new deck would be constructed. He pointed out that the variances needed only pertain to the proposed deck. The property line is on an angle and there is an existing concrete patio. The applicants are requesting a 5' variance for the single side yard setback, a 4.55 variance for the total of two side yard setbacks, and a rear yard setback variance of 10.61 feet. Zoning Board of Appeals October 2.2018 Page 2 of 8 ............ _.- --_...... Mr. Michael Izzo, Building Inspector, noted that the proposed deck of 413 square feet does not require a stormwater management plan because the existing patio is used in the calculation impervious calculation. The applicant is not adding 400 additional square feet of impervious surface. The applicant is only adding 13 square feet of impervious surface. Chairman Moscato noted that there were really two issues since two of the variances are tied together. He stated that he did not have an issue with the rear yard variance, but felt that the applicant can eliminate the need for the side yard variances by reducing the size of the deck. He felt that a portion could be sliced off from one or both sides of the deck and that would leave a sufficient area for entertaining. Mr. Scarlato noted that the kitchen is to the right of the house, and that is where the sliding doors to the deck will be. Reducing the size of the deck would require additional columns. The Board discussed ways to reduce the size of the deck and the variances. The deck will be 9' above the patio, and the stairway will be in the side yard. There is also existing landscaping to consider. The design compliments the home, and the patio beneath it will be useable. Mr. Gasparini, the applicant, argued that reducing the size of the proposed deck and adding additional columns will make the patio beneath less usable. Mr. Gasparini noted that they wanted to make sure that the patio remains useable. The adjacent neighbor has reviewed the plans and does not have any objections. He also noted that he understood that the regulations are there for a reason, but he felt that their request was minimal. The columns are an obstruction and would interfere with the use of the patio space and they did not want to add more columns. The applicant does not want any columns on the patio. The Board discussed and weighed the size of the variances against the desire to have a useable deck and patio. Moving forward tonight meant that in order for the variances to be granted the applicant will need three out of four votes in the affirmative. Mr. Scarlato stated that they would like to continue and presented the Board with letters from the neighbors who supported the application. Chairman Moscato called for members of the public wishing to address the Board in support or opposition to the application. There being no one, the public hearing was closed and the Board began deliberation. It was noted that the variances are not specific to the deck, and Attorney Gamils was asked to craft a condition for the resolution that the variances apply only to the deck, and that it would remain an open deck. After a final review of the application, the following resolution was read: II i Zoning Board of Appeals October 2.2018 Page 3 of 8 I RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Philip Gasparini & Mackenzie Gasparini (the "Applicants") for (1) a single side yard setback variance of 5 feet where the minimum required single side yard setback is 15 feet pursuant to Village Code § 250-20.G.(2)(a)(1); (2) a total of two side yards setback variance of 4.55 feet where the minimum required total of two side yards setback is 40 feet pursuant to Village Code § 250-20.G.(2)(b); and (3) a rear side yard setback variance of 10.61 feet where the minimum required rear yard setback is 40 feet pursuant to Village Code § 250-20.G.(3), in connection with the proposed new wood rear deck and exterior alterations, on property located at 5 Charles Lane, in an R-15 zoning district on the West side of Charles Lane, approximately 470 feet from the intersection of Mark Drive and Charles Lane. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.33-1-5; and WHEREAS, a duly advertised public hearing on the application was held on October 2, 2018, 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 October 2, 2018; 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)[21[al-[e] of the Rye Brook Code, finds with respect to requested variance that: 1) The variances WILL NOT create an adverse impact to the character of the neighborhood; Zoning Board of Appeals October 2,2018 Page 4 of 8 I i 2) The benefit the Applicants seek CAN be achieved through another method, feasible for the Applicants to pursue, that does not require the variances: 3) The variances ARE substantial, 4) The variances WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variances IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for (1) a single side yard setback variance of 5 feet where the minimum required single side yard setback is 15 feet pursuant to Village Code § 250-20.G.(2)(a)(1); (2) a total of two side yards setback variance of 4.55 feet where the minimum required total of two side yards setback I is 40 feet pursuant to Village Code § 250-20.G.(2)(b); and (3) a rear side yard setback variance of 10.61 feet where the minimum required rear yard setback is 40 feet pursuant to Village Code § 250-20.G.(3), is hereby GRANTED, subject to the following conditions: i 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. 2. The variances shall apply only to the proposed open wood deck. Steven Berger Voting: Excused I Glen Brettschneider Voting: Aye Don Moscato Voting: Nay Jamie Schutzer Voting: Aye Joel Simon Voting: Aye i The application was approved by a vote of three ayes and on nay. Zoning Board of Appeals October 2,2018 Page 5 of 8 3. #18-018 Terence Toal & Susan Toal 57 'Tamarack Road Legalize the existing two car garage constructed in 1947. John Scarlato, architect, addressed the Board. Mr. Scarlato stated that this garage has been there since 1947. The building permit was never closed out but no one noticed. The Certificate of Occupancy was never closed from 1947. The Applicant is not the third owner since the garage was completed. Now the applicants require an 0.2' rear yard variance in order to legalize the garage. Mr. Izzo noted that if the permit was closed out at the time of construction it would have complied with the Zoning Code. Chairman Moscato called for members of the public wishing to address the Board in support or opposition to the application. There being no one, the public hearing porticm of the meeting was closed and the Board went into deliberation. Mr. Moscato read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Terence Toal & Susan Toal (the "Applicants") for a rear yard setback variance of 0.2 feet where the minimum required rear yard setback for an accessory building is 5 feet pursuant to Village Code §250-6.B.(1)(h), in connection with the proposed legalization of the existing two car garage constructed in 1947, on property located at 57 Tamarack Road, in an R-7 zoning district on the East side of Tamarack Road, approximately 170 feet from the intersection of Ridge Boulevard and Tamarack Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.60-1-17; and Zoning Board of Appeals October 2,2018 Page 6 of 8 i � WHEREAS, a duly advertised public hearing on the application was held on October 2, 2018, 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 October 2, 2018; 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 requested variance that: 1) The variance WILL create an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek CANNOT be achieved through another method, feasible for the Applicants to pursue, that does not require the variance; 3) The variance IS NOT substantial; 4) The variance WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance IS NOT self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for a rear yard setback variance of 0.2 feet where the minimum required rear yard setback for an accessory building is 5 feet pursuant to Village Code §250-6.B.(1)(h), 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. Chairman Moscato called the roll: Zoning Board of Appeals October 2,2018 Page 7 of 8 .... ......__..____.................. Steven Berger Voting: Excused Glen Brettschneider Voting: Aye Don Moscato Voting: Aye Jamie Schutzer Voting: Aye Joel Simon VotingAye The application was approved by a vote of four ayes and zero nays. 4. SUMMARY APROVAL: Approval of September b, 2018 Zoning Board Summary i Chairman Moscato called for a review of the summary. He noted that he requested one change in connection with the Elm Hill application. Attorney Gamils read the change, and the Board approved the summary as amended. "There being no further business before the Board, the meeting was adjourned. I Zoning Board of Appeals October 2,2018 Page 8 of 8 may ;. Village of Rye Brook ,y. A—Eenda cu Zoning Board of Appeals Meeting _ Tuesday, September 4, 2018 at 8:00 PMFnATCP114 APRfJVED >> Village Hall, 938 King Street ± v� )1 1. #18-010 (adjourned from 7/3/2018 & 8/7/2018) y[E Talcott Woods Home Owners AssociationRTalcott Road H.O.A. Property _ 20 1 Install H.Q.A. sign; Illuminated monument. VILLAGE OF RYE BROOK 2. #18-014 (adjourned from 8/7/2018) BUILDING DEPARTMENT Siho Ham & Melody Jones 6 Eagles Bluff Construct a second story addition; new front porch; new rear porch; partial finished basement; interior alterations; new driveway retaining wall and expand driveway. 3. #18-015 Bruce DePaola & Felicia DePaola 128 Country Ridge Drive Construct one story side addition. 4. #17-028 Daniel Debari & Catherine Debari I 1 Elm Hill Drive Legalize bluestone patio and storage shed. 5. SUMMARY APROVAL: Approval of August 7, 2018 Zoning Board Summary BOARD: Glenn Brettschneider Steven Berger Jamie Schutzer Joel Simon Donald Moscato, Chairman STAFF: Michael Izzo, Building & Fire Inspector Drew Gamils, Esq., Village Counsel Fred Seifert. Public Access Coordinator/IT Zoning Board of Appeals September a.2018 Page 1 of 13 I BOARD OF TRUSTEE LIAISON: David Heiser Chairman Donald Moscato welcomed everyone to the Tuesday, September 4, 2018, meeting of the Zoning Board of Appeals. He noted that there was a full complement of the Board, and introduced the Board and Village Staff. He reviewed the agenda, noting that there were five items, with two being carry-overs for the previous meeting. Chairman Moscato asked that anyone addressing the Board please come to the podium, use the microphone, state their name, address, and the nature of the application. He called for the first matter on the agenda: 1. #18-010 (adjourned from 7/3/2018 & 8/7/2018) Talcott Woods Home Owners Association Talcott Road H.O.A. Property Install H.O.A. sign; Illuminated monument. Mr. Richard Mast, residing at 6 Talcott Road, Rye Brook, member of the Talcott Woods Home Owners Association Board ("HOA"), addressed the Board. He introduced Creighton Cray, President of the HOA; Steve Prince, Vice President; Jeff Goodman, Secretary; and Debbie Weltman, Treasurer, and Marsha Rogull, advisor. It was noted that at the last meeting the Zoning Board of Appeals asked the applicant to go back and revise the previously submitted plans to make them more zoning compliant. Mr. Mast, George George, the architect, the stonemason, and contractors met to amend the plans without ruining the original integrity of the project. The applicant then met with Mr. Michael Izzo, Building Inspector, to review the changes. The Board received a hand out which outlines the changes made to the sign. Mr. Mast reviewed the changes for the Board, and noted that a vegetation plan has also been submitted. After careful calculation and site modification, the applicant was able to reduce the square footage of the sign, reduce the height of the sign and the length of the sign. The changes made only affected the first two variance requests. The Board requested an explanation of the lighting for the sign. Mr. Mast noted that the sign will be illuminated using a solar panel spotlights. These types of signs are on a number of similar signs in Rye Brook. The HOA may consider installing another sign in the future. Chairman Moscato stated that the Board was happy that the applicant was able to reduce the size of the variances needed to complete this project. Zoning Board of Appeals September 4,2018 Page 2 of 13 Chairman Moscato called for members of the public wishing to address the Board in support or opposition to the application. A member of the public noted that they were in support of the application because the applicant is looking for brand identity. As there were no additional comments, the public hearing was closed with a motion and a second, and the Board began deliberation. Upon the Board's return, Chairman Moscato read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Talcott Woods Home Owners Association (the "Applicant") for (1) a 1.39 square foot residential sign size variance where the maximum allowable size for a residential sign is two square feet pursuant to Village Code § 250-35.E(2)(b) /250: Attachment 2:1; (2) a residential sign height variance of five inches where the maximum allowable height for a residential sign is five feet pursuant to § 250-35E(2)(b)/ 250 Attachment 2:1; (3) relief from Village Code § 250-35.E(2)(b)/ 250: Attachment 2:1 & § 250-7.F(6)(b) which requires a minimum thirty foot setback for a residential sign within the S.R.O.D at the Lincoln Avenue elevation where no setback is proposed; (4) relief from Village Code § 250-35.E.(2)(b) / 250: Attachment 2:1. & § 250-7.F.(6)(b) which requires a minimum thirty foot setback for a residential sign within the S.R.O.D. at the Talcott Road elevation where no setback is proposed, (5) relief from Village Code § 250- TF.(6)(c) which requires a thirty-five foot vegetative buffer along Lincoln Avenue where no vegetative buffer is proposed; and (6) relief from Village Code § 250-7.F.(6)(c) which requires a thirty-five foot vegetative buffer along Talcott Road where no vegetative buffer is proposed, in connection with the proposed H.O.A. masonry residential; non- illuminated monument sign installed directly at the property line, on property located at Talcott Road H.O.A. -Common Area, in an A.C.S. zoning district situated at the South East corner of Talcott Road and Lincoln Avenue. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.57-1-Common Area; and Zoning Board of Appeals September 4,2018 Page 3 of 13 WHEREAS, a duly advertised public hearing on the application was held on August 7, 2018 and continued to September 4, 2018, 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 September 4, 2018; and WHEREAS, the proposed action is a Type I1 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 requested variance that: 1) The variances WILL NOT create an adverse impact to the character of the neighborhood; 2) The benefit the Applicant seeks CANNOT be achieved through another method, feasible for the Applicant to pursue, that does not require the variances; 3) The variances ARE substantial; 4) The variances WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variances IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for (1) a 1.39 square foot residential sign size variance where the maximum allowable size for a residential sign is two square feet pursuant to Village Code § 250-35.E(2)(b) /250: Attachment 2:1; (2) a residential sign height variance of five inches where the maximum allowable height for a residential sign is five feet pursuant to § 250-35E(2)(b)/ 250 Attachment 2:1; (3) relief from Village Code § 250-35.E(2)(b)/ 250: Attachment 2:1 & § 250-7.F(6)(b) which requires a minimum thirty foot setback for a residential sign within the S.R.O.D at the Lincoln Avenue elevation where no setback is proposed; (4) relief from Village Code § 250-35.E.(2)(b) / 250: Attachment 2:1. & § 250-7.F.(6)(b) which Zoning Board of Appeals September 4,2018 Page 4 of 13 requires a minimum thirty foot setback for a residential sign within the S.R.O.D. at the Talcott Road elevation where no setback is proposed, (5) relief from Village Code § 250- 7.F.(6)(c) which requires a thirty-five foot vegetative buffer along Lincoln Avenue where no vegetative buffer is proposed; and (6) relief from Village Code § 250-7.F.(6)(c) which requires a thirty-five foot vegetative buffer along Talcott Road where no vegetative buffer is proposed, is hereby GRANTED, subject to the following conditions: 1. No permit or certificate of occupancy shall be issued until the Applicant has paid in full all application and consultant fees incurred by the Village in connection with the review of this application. The resolution was adopted by a vote of five ayes and zero nays. The next step procedurally calls for Planning Board approval and review of the application by the Architectural Review Board. The applicant thanked Mr. Izzo for all of his assistance. Chairman Moscato called for the second application on the agenda: 2. #18-014 (adjourned from 8/7/2018) Siho Ham & Melody Jones 6 Eagles Bluff Construct a second story addition; new front porch; new rear porch; partial finished basement; interior alterations; new driveway retaining wall and expand driveway. John Scarlato, the applicants' architect, addressed the Board. He noted that this matter was before the Board at the previous meeting. The applicant reviewed the plans and made several changes, including removal of the gable and moving the roof line back. Mr. Scarlato reviewed all of the proposed changes for the Board and a discussion ensued regarding the proposed height of the addition. The changes do not alter the variance requests and only alter the appearance of the addition to soften the impact. Chairman Moscato called for members of the public wishing to address the Board in support or opposition to the application. Zoning Board of Appeals September 4,2018 Page 5 of 13 Mr. Donald Creadore, Jr. addressed the Board. He noted that his father owns an adjacent property on Eagles Bluff, at 8 Eagles Bluff. He was born there and is very familiar with the house and the neighborhood. No one wants to stand in the way of progress, or the homeowners' desire to make improvements to the property, however, he did have several concerns. Specifically, his concerns were focused on context and environmental. Mr. Creadore explained that building along a slope is a challenge, and this property sits on top of a slope. In the basis of context, the structure is too big for the neighborhood. The residents of Eagles Bluff are concerned about the adverse impacts to development of the slopes. Water already adversely impacts Eagles Bluff with water draining off 6 Eagles Bluff. Mr. Creadore is concerned that the applicant hasn't taken into account stromwater. Mr. Creadore pointed out that 6 Eagles Bluff sits on a slope. Mr. Creadore referred to a study the Village completed several years ago which included the review of steep slopes. He read a portion of the report covering steep slopes, and stated that in reviewing this application the steep slope portion of the Village Code has not been addressed at all. Chairman Moscato noted that the addition will be constructed over the existing home. There will be no disturbance of the slope. The addition is a second floor on an existing home. When you have a steep slope situation, the Planning Board asks that any change to the steep slope be mitigated or removed. This application does not involve any disturbance to steep slopes and the addition is under 400 square feet, therefore a stormwater plan is not required. Mr. Izzo noted that this application is before the approval authority - the Planning Board. Any steep slopes or stormwater issues are reviewed by the Planning Board. Drew Gamils, Esq., Village Counsel, noted that the process is a balancing act. You can consider the adverse impacts to the physical environmental conditions to steep slopes as part of the Board's review of the five factors. However, it is important to keep in mind that steep slopes are specifically reviewed by the Planning Board. Chairman Moscato stated that the Zoning Board considered storm water runoff. From a Zoning Board perspective, the physical impact will not come from the setback issues, but may come from the gross floor area which will be reviewed by the Planning Board. Attorney Gamils suggested forwarding the Planning Board a memo noting areas of concern and asking the Planning Board to review certain areas. The Board agreed to issue a memorandum to the Planning Board on stormwater management issues, drafted by Village Counsel. Included in the memo will be referral to the comments made at this meeting. Zoning Board of Appeals September 4,2018 Page 6 of 13 Mr. Scarlato noted that there are existing drywells on the property. Additional drywells can be installed. A second resident voiced her concerned about the topography and how much higher the applicants' home will be after the construction. She questioned why the addition was being constructed on the side of the home facing 8 Eagles Bluff. Chairman Moscato stated that this question was raised and addressed at the previous meeting. Mr. Scarlato noted that a story is being added to the home over the existing footprint. The impact of the second story addition was addressed at last month's meeting; as well as the view that the neighbors will have looking up the hill. He also noted that because of the layout of the home, constructing the addition over the first floor makes the most sense. It would be very difficult to place the addition on the other side of the home. On a motion, and second, the public hearing was closed. The Board began deliberation. New York State demands that all municipalities have a Zoning Board of Appeals to grant relief from Village Code requirements. This application will not be disturbing the steep slope because the addition will be placed over the existing home. The Planning Board can review the issue of storm water runoff further. There is neighborhood concern regarding the height of the home, which has been taken into consideration. The applicant has made changes to minimize the impact, and has made a good effort attempt at making the project more code compliant and has amended the application to soften the impact to the neighbors. The consensus of the members of the Board was that the neighbors' concerns be addressed. It was pointed out that the architect has attempted to soften the look of the building, and the topography will not be changed. Melody Jones, applicant, spoke in support of her application. She explained that the addition will not block sunlight for adjacent homes because of the placement of the house and the movement of the sun east to west. The five factors used by the Zoning Board to make determinations were reviewed, and submission of a memorandum to the Planning Board was confirmed. Chairman Moscato read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Siho Ham & Melody Jones (the "Applicants") for(1) a front height setback ratio variance of 0.27 where the maximum allowable front height setback ratio is 0.60 pursuant to Village Code § 250-20.I.(1); (2) a side height setback ratio variance of 0.34 where the maximum allowable side height setback ratio is 1.60 pursuant to Village Code § 250-20.I(2); and (3) a gross floor area variance of 110 square feet where the maximum Zoning Board of Appeals September 4,2018 Page 7 of 13 allowable gross floor area is 3,220 square feet pursuant to Village Code § 250-20.E, in connection with the proposed second story addition; new front porch; new rear porch; and partial finished basement on property located at 6 Eagles Bluff, in an R-15 zoning district on the West side of Eagles Bluff, approximately 260 feet from the intersection of Meadowlark Road and Eagles Bluff. Said premises being known and designated on the tax map of the Village of Rye Brook as Parcel ID# 135.27-1-51; and WHEREAS, a duly advertised public hearing on the application was held on August 7, 2018 and continued to September 4, 2018, 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 September 4, 2018; and WHEREAS, the proposed action is a Type H 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 requested variance that: 1) The variances WILL NOT create an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek CANNOT be achieved through another method, feasible for the Applicants to pursue, that does not require the variances; 3) The variances ARE substantial; 4) The variances WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variances IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for (1) a front height setback ratio variance of 0.27 where the maximum allowable front height setback ratio is 0.60 pursuant to Village Code § 250-20.I.(1); (2) a side height setback ratio Zoning Board of Appeals September 4,2018 Page 8 of 13 variance of 0.34 where the maximum allowable side height setback ratio is 1.60 pursuant to Village Code § 250-20.I(2); and (3) a gross floor area variance of 110 square feet where the maximum allowable gross floor area is 3,220 square feet pursuant to Village Code § 250-20.E, 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. Dated: September 4, 2018 The resolution was adopted by a vote of five ayes to zero nays. On a motion, and a second, a memorandum will be sent to the Planning Board. The next steps including a return to the Planning Board. Chairman Moscato called for item#3 on the agenda: 3. #18-015 Bruce DePaola & Felicia DePaola 128 Country Ridge Drive Construct one story side addition. Mark Mustacato, architect, addressed the Board. He began his presentation by nothing that the applicants made an application to the Village for the addition, which was approved. Unfortunately, the applicants had a death in the family which derailed the construction. The permits have expired and the applicants are before the Board with the same plans. The property is a corner lot, which means there are two frontages. The applicants are requesting a front yard setback variance of 7 feet where the minimum allowable front yard setback is 40 feet, and a gross floor area variance of 196 square feet where the maximum allowable gross floor area is 3,860 square feet in connection with the proposed one story side addition. There is no negative impact to the neighborhood. Mr. Izzo noted that the approval resolution from the initial application has been included in the package to the Board. It is exactly the same application. The application was fully vetted by the Board the first time it was before the Zoning Board. It was noted that Glenn Brettschneider was not part of the first review, but he has since reviewed the application. Zoning Board of Appeals September 4,2018 Page 9 of 13 Chairman Moscato called for members of the public wishing to address the Board in support or opposition to the application. There were no members of the public wishing to address the Board. On a motion, and second, the public hearing was closed. Chairman Moscato read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Bruce DePaola & Felicia DePaola (the "Applicants") for (1) a front yard setback variance of 7 feet where the minimum allowable front yard setback is 40 feet pursuant to Village Code § 250-20.G(1) and (2) a gross floor area variance of 196 square feet where the maximum allowable gross floor area is 3,860 square feet pursuant a 2004 Zoning Board of Appeals variance, in connection with the proposed one story side addition, on property located at 128 Country Ridge Drive, in an R-15 zoning district on the East side of Country Ridge Drive, at 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 Parcel ID# 129.66-1-14; and WHEREAS, on October 6, 2004 the Rye Brook Zoning Board of Appeals granted a gross floor area variance of 447 square feet where the maximum allowable gross floor area was 3413 feet pursuant to § 250-20.1) of the 2004 Village Code; and WHEREAS, a duly advertised public hearing on the application was held on September 4, 2018, 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 September 4, 2018; 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 Zoning Board of Appeals September 4,2018 Page 10 of 13 250-13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to requested variance that: 1) The variances WILL NOT create an adverse impact to the character of the neighborhood; 2) The benefit the Applicants seek CANNOT be achieved through another method, feasible for the Applicants to pursue, that does not require the variances; 3) The variances ARE substantial; 4) The variances WILL NOT create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variances IS self-created. NOW, THEREFORE, BE IT RESOLVED, that said application for (1) a front yard setback variance of 7 feet where the minimum allowable front yard setback is 40 feet pursuant to Village Code § 250-20.G(1) and (2) a gross floor area variance of 196 square feet where the maximum allowable gross floor area is 3,860 square feet pursuant a 2004 Zoning Board of Appeals variance, 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. Dated: September 4, 2018 The resolution was adopted by a vote of five ayes and zero nays. Chairman Moscato noted that one of the members of the Board had a prior commitment and would be excusing himself from the balance of the meeting. This means that the remaining applicant would need the four remaining members to vote in the affirmative for their application to be granted. They were offered the opportunity to adjourn their matter to the next meeting of the Board. The applicant chose to move forward. Zoning Board of Appeals September 4,2018 Page 11 of 13 Item#4 was called before the Board: 4. #17-028 Daniel Debari & Catherine Debari 11 Elm Hill Drive Legalize bluestone patio and storage shed Mr. Izzo summarized the history of the application. Mr. Izzo explained that there was an application made, and the applicants received approval to build a patio of a certain size. When the as-built survey was submitted, it was noted that the patio was constructed larger than the approval. It was also noted that the applicants installed a storage shed in the setback. Mr. Debari, the applicant, addressed the Board. He noted that there was an existing brick patio on the side of the home and the intent was to change things around to make the property more conducive to entertaining. The shed was placed approximately eight months before the patio was installed and is used for overflow of gardening tools and winter storage of seasonal furniture. Mr. Debari noted that he did contact the Village prior to constructing the shed to see if he needed a permit to construct the shed. He was unaware of the setback needs for the shed. Mr. Debari built the shed with his father. There is no other place on the property for the shed because of the layout of his corner lot. The patio, which was constructed in September of 2016, was not built to the approved specifications, which was concerning to the applicants. There was a split rail fence which was removed and a picket fence was installed. It appears that there are 2 feet of property between each parcel. There were no signs indicating where the property line might be except for the fence on his neighbor's property. Mr. Izzo noted that there is no space between properties. Where one property ends, another starts, unless there is public land or an easement, or a strip of property owned by someone else. The patio was supposed to end before the driveway and instead it lines up with the driveway. The contractor built the patio larger than was approved. It is undetermined whether this error was accidental or done intentionally. Mr. Debari noted that he had contacted his neighbors prior to construction and no one opposed their plans. The contactor he hired has done other work in Westchester. The Board reviewed the plans and photos of the patio, and the as-built survey. The Board questioned whether the applicant would be willing to remove a portion of the patio. They Zoning Board of Appeals September 4,2018 Page 12 of 13 also felt that there should be some sort of recourse for the applicant against the contractor. Attorney Gamils noted that it would be a matter between the applicant and the contractor; the applicant could take him to small claims court. Mr. Izzo noted that in the eyes of the Village, the applicant is the one that is on the hook for the error. The applicant was asked if he was willing to move the shed. Mr. Debari noted that there is no other place where the shed could be placed. Chairman Moscato stated that if a variance is granted, the variance would run with the property and a shed on the property line could be an issue for a future neighbor. Chairman Moscato was concerned about creating precedence. A discussion ensued regarding the possibility of moving the shed. Mr. Izzo noted that this is a corner property and there is really no other area for the shed. If it was moved to the front yard, it would still require a variance. The Board took a straw vote in connection with the shed and the patio. The applicants was given the opportunity to adjourn to the next meeting. The Board suggested that the applicants pursue the contractor for compensation, and that they work with the Village to review other options. Mr. Debari agreed. On a motion, and a second, the application was adjourned to the October meeting. 5. SUMMARY APROVAL: Approval of August 7, 2018 Zoning Board Summary Chairman Moscato called for a review of the August summary. There were no additional comments or changes, and the summary was approved as amended. There being no further business before the Board, the meeting was adjourned. Zoning Board of Appeals September 4,2018 Page 13 of 13 Mike Iuo From: Mike Izzo Sent: Wednesday,July 25, 2018 4:34 PM To: 'Daniel DeBari' Cc: tgerardi@ryebrook.org; Steven Fews Subject: RE: 11 Elm Hill Drive Dear Mr. Debari, Village Code allows me to grant permit extensions in cases of extreme hardship with good cause. The permit for your 395 square foot patio was issued on August 10, 2016 and was valid for eighteen (18) months. On December 1, 2017,you were issued Notice of Violation#E 1080 and notified by certified mail that your as-built survey showed that you failed to follow the approved plans and that the patio as constructed was now in violation of two (2) separate sections of the Village Zoning Ordinance. The letter also provides guidance as to how to proceed in order to resolve the violations. Sometime after receipt of that letter you requested an extension to your permit in order to facilitate submittal of the necessary Zoning Application to legalize the patio, and in response a six (6) month extension was duly granted by the Building Department.That six (6) month extension is set to expire on August 10, 2018. Due to the unreasonable timetables outlined above, the Building Department will not consider granting any further extensions to this patio permit. Please note that your permit extension is set to expire on August 10, 2018. At that time you will be liable for the $500.00 Expired Permit Fee mandated by the Village and shown on the Village Fee Schedule. In order to avoid the issuance of a court summons, please arrange to have the Zoning Application and fees remitted to the Village on or before September 1, 2018. Thank you. Nk4ad(T /ZZO Building& Fire Inspector Village of Rye Brook, NY Phone—(914) 939-0668 Fax—(914) 939-5801 mizzo@rvebrook.org From: Daniel DeBari [mailto:Daniel_DeBari@conair.com] Sent: Friday,July 20, 2018 10:11 AM To: Mike Izzo<Mlzzo@ryebrook.org> Subject: 11 Elm Hill Drive Good morning Mr. Izzo, I am writing you to ask for an additional extension on Building Permit#16-175 for 11 Elm Hill Drive. I am working on all of the paperwork for submission now and will make sure to get this settled as soon as possible. 1 I have been traveling for business nonstop since the beginning of the year and, unfortunately, have not put the time in to fill out the appeals paperwork and submit. am sorry for any inconvenience caused and I would really appreciate your continued support. Best regards, Dan Daniel F. DeBari VICE PRESIDENT&GENERAL MANAGER WARING COMMERCIAL PRODUCTS DIVISION CONAIR CORPORATION 1 Cummings Point Rd,Stamford,CT 06902 ph 203-975-4616 1 daniel debari@conair.com M. COMMERCIAL mEND PFv OOOic 2 x E m o = IL Q = '5 � ¢ ¢ c �o LL N m 'm r r O Q • . � 2¢ ¢ � N N �N ¢ 'N • E C� ww❑❑❑❑❑a j w ,, Ki7 U nnTn 4,cnc :3nnn n4,4n cTni �aoa o� we "TN'm" Nama co. n �� mmod aa" �m � �o ac Eo°c"o€$nE v na"im� U°�m_mmL idaH = c�mm.av�'UaC mo dm� d aaiE:2IE aYnm ma 2 E.`—� m ``n�m c�g�aa E m— n uo�dNd dca'o,m� C c m�a� EEiU i n N— O m G ap} 10—t0 t 8 H z m Oo �1 m • 6 8 W $ �n C N m—F.-6 4N ►� aai «'� L m a3 m a m .i;� '� mo�U m U�Ta Eon m �� Ev E9 a� o A=�E 3a 3�coniA�M 2 0 owao 2.mg ac�ILN m m—ym— ami°'_aNam €y �£o c myi Dm= ��'oi t o'2w'F- O cam— n��aa urn-'-'cmii CO i2 a"imm C EvcwE �°L��°m �...aa E� € Qy �4 4Py J�V VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR Paul S. Rosenberg (914)939-0668 Fax(914) 939-5801 Christopher J. Bradbury www.ryebrook.org TRUSTEES BUILDING&FIRE Susan R. Epstein INSPECTOR David M. Heiser Michael J. Izzo Jason A. Klein Jeffrey B. Rednick January 18.2018 Via I"Class Certified Mail Daniel Debari I 1 Elm Hill Drive Rye Brook, New York 10573 Re: I 1 Elm Hill Drive. Rye Brook, New York 10573 Notice of$500.00 Fee for Expired Permits Open Building Permit#16-175 Issued: 8/10/2016- Expiration Date: 2/10/2018 Dear Property Owner, Please allow this letter to serve as a reminder that your open permit(s)noted above, as is the case with all Building Permits issued by the Building Department must be closed out with a Certificate of Occupancy or Certificate of Compliance in accordance with §250-10.A. of the Code of the Village of Rye Brook. Building Permits have a life of twelve (12) months and the expiration date is noted on the front of the permit. Please be advised that should you fail to properly close out your permit(s) in accordance with the law, effective November 1. 2009 the Village will be imposing a $500.00 Administrative Fee in connection with all open expired Building Permits issued after January I, 2003. Please note that this Administrative Fee applies to each individual permit and must be remitted in addition to any other required fees associated with closing the permit(s). as well as any court imposed fines should a summons(es)be issued. Thank you for your attention in this matter, and please feel free to contact this office should you require any further information. Michael J. Izzo Building& Fire Inspector mi ,,,ryebrook.org /tg cc: Steven E. Fews, Assistant Building Inspector O cr. cn A < LAJ a-C14 --7 CD Ln ID q CD o Ln GJ ru m r1i c:l cu Cl Cl ED -D M Ln tm co C19 z , LU co C� LA. 0, 0 oc uj to i E co m A 0= O a ad �awwwww �F� � x a f Z E E Nro m p IL m ;y :6 U M�❑❑Ell]❑t° rA l� N� 'U 'U nwrr error rrnnn nrrnc rrrni d t}!{ 2| !_ �e(a _)■ � $ ® E � te R®, �la®a*`e3��2``` 2 z ;f . ;; -! *;a{- °--_E '�=°= ease-��: R;s,al2.a | a2 _,�&��g, '��[\i��� •=a ©a;e2E �■2,r22f � � ;Sfg ©�aa \§t/ k / f»«k2= # l�Ikw!/- !, {\ \� @f°�f §/za■a77«£;lmi \ |k{! f ye� =±2®= _a-■,,; �� e , 7FD_ � @,&l2m .��;»E,,.s 2af - �{«3 �-� � k§$#; ®f!:£!■% �{:+«k B VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR Paul S. Rosenberg (914)939-0668 Fax(914)939-5801 Christopher J. Bradbury www.ryebrook.oro TRUSTEES BUILDING&FIRE Susan R. Epstein INSPECTOR David M. Heiser Michael J. Izzo Jason A. Klein Jeffrey B. Rednick NOTICE OF DISAPPROVAL Application # 17-028 December 1, 2017 Daniel Debari & Catherine Debari 11 Elm Hill Drive Rye Brook, New York 10573 PLEASE TAKE NOTICE that your application for a Certificate of Occupancy dated October 6, 2017, submitted in connection with Building Permit #16-175 issued 8/10/2016. for the premises located at 11 Elm Hill Drive, Parcel ID# 135.50-1-46, has been disapproved because of non-compliance with the following section(s)of the Code of the Village of Rye Brook: 5250-6. (B) . (1) (a) The minimum required setback for a patio is 6 feet. The plans show that the patio was approved to be constructed 6.51 from the north property line. However the as-built survey indicates that the patio was actually constructed only 3.5 feet from the north property line. 5250-6. (B) . (1) (h) The minimum required setback for a shed is 5 feat. The as-built survey shows a new wood shed located 1.1 foot from the north property line, and 0.9 feet from the east property line. Please arrange to have the patio reconfigured so as to be in compliance with the approved plans, and the shed relocated in conformance with Village Code, or an appeal to this decision may be brought before the Zoning Board of Appeals (ZBA) in accordance with §250-13 and §250-40 of the Code of the Village of Rye Brook. Applications to appear before the "ZBA are available on line at, www.ryebrook.orb, or may be obtained at the Building Department. SipciFely, caFtW,[my�cbrook.org o B 'IdiFire Inspector mi7z ,�1�'� Via Certified Mail BUILDING DEPARTMENT VILLAGE OF RYE BROOK _� 938 KING STREET,RVE BROOK,NV 10573 (914)939-0668 FAX(914)939-5801 www.ryebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OWNER: Daniel & Catherine Debari VIOLATION#: E 1080 11 Elm Hill Drive NOTICE#: lst Rye Brook, NY 10573 S.B.L.: 135.50-1-46 The following violations of the Code of the Village of Rye Brook were found to exist at, 1 I Elm Hill Drive. located in an. R-12 zoning district, in the County of Westchester, Village of Rye Brook,NY on, December 1, 2017. CODE SECTION DESCRIPTION V:LLAvE OF RYE BR,'or §250-6.B. (1) (a) PATIO :3NS:'RU(TED CLOSER THAN 6' TO THE NORTH PROPERTY LINE. §250-6.B. (1) (h) SHED LOCATED CLOSER THAN 5' TO NORTH & EAST PROPERTY LINES. §91-2.A. PERMIT REQUIRED/FAILURE TO FOLLOW THE APPROVED PLANS. You are hereby directed to contact this department, obtain all necessary permits&commence to correct the above captioned violation(s) immediately. Note that a re-inspection of the premises is required by law to confirm compliance with this notice& all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY FINES IMPRISONMENT OR BOTH. i BtiILDI G IN PF.CTOR O ASSISTAN IILDING INSPECTOR ( )VILLAGE ENGINEER co c W O I O wl to� i N O L C� Lr) v Ln L r1 ni y L CO S Ln J L O L Q Z CDm _ O � — �C CJ O = = Cl _y m m C W v cSf r u-1 p M Cie Y o O Z W cc �. - % o LL. i 0 cc y� 39d1�\C V tic � Y c� T 7015 3010 0001 5828 5518 C'Y M 6N �❑❑❑❑❑ N r QY . _ r m s 0 3 Mr/y0 T W 7 M �tl 1CD O Q _ - L - �i �..� rA M CO r —_ - � M Ln rU O co 0 o p Z < _ o N 2 r �1 a � w = o �+ o c C4 J J ❑ ❑ O ❑ iT1 „o. F- 1� 11 o LM o i } m z W .Y m U. O oc Y6a'0 3 V H J C � Y co 0� p o °m ;(, � ")r ! r ON W IE�tti. A 4. th Q P'�'NII{ n tj n 7 � i;c1 p_NOO a q„ \ �1 s � CM ti OZ T- e- UJ �— �e- m W w co LLI W w O W W O Z Z W ZYY OC] co 0 P3O J � G] Building Permit Check List & Zoninp. Analysis Address: L l L� L_ L_ 2 SBL: 3�,S9- ( —LA C., Zone: '-t-2- - t -2_ Use: Z t o Const.Type: ► Other: Submittal Date: r2� l C-- Revisions Submittal Dates: Applicant: Nature of Work: }J t,j Reviews: ZBA: J UN 2 9 2016 PB: BP: Other: NEE OK ( ( ) FEES: Filing: 7S- j> BP: Z'7 0. C/O: Legalization: APP.: Date Stamped: ./ Properly Signed: SBL Verified: ✓ H.O.A. Approval: ( ) ( ) Scenic Roads: Steep Slopes: Wetlands: Storm Water Review: Street Opening: ( ) ( ) ENVIRO.: Long: Short: Fees: N/A: ( ) ( ) SITE PLAN: Topo: Si a Protection: S/W Mgmt.: Tree Plan: Other: I SURVEY: Dated: 9 I�{ Current: ✓ Archival: Sealed: Unacceptable: ( ) (� LANS: Date Stamped: Sealed: Copies: °J Incomplete: N/A: Other: ( License: Workers Comp: iability: ✓ Comp. Waiver: Other: CODE 753#: `�Ci ' �'T GX� — G"Z Dated: N/A: ( ) ( ) HIGH-VOLTAGE ELECTRICAL: Plans: Permit: N/A: Other: ( ) ( ) LOW-VOLTAGE ELECTRICAL: Plans: Permit: N/A: Other: O O FIRE ALARM/SMOKE DETECTORS: Plans: Permit: H.W.I.C.: _Battery:_Other: _ ( ) ( ) PLUMBING: Plans: Permit: Nat. Gas: LP Gas: N/A/: Other: ( ) ( ) FIRE SUPPRESSION: Plans: Permit: N/A: Other: ( ) ( ) H.V.A.C.: Plans: Permit: N/A: Other: ( ) ( ) FUEL TANK: Plans: Permit: Fuel Type: Other: O O 2010 NY State ECCC: N/A: Other: (� ( ) Final Survey: Final Topo: RAPE Sign-off Letter: As-Built Plans: Other: C/O DENIAL LETTER: Other: ( ) ( ) Other: (4ARB mtg. date: Z Zo approval: o I notes: m rova . es. ( )PB mtg. date: approval: notes: ---J\ pp( P REQUIRED EXISTING PROPOSED NOTES Area: Cz. k t-L,bLA G AP Bp 416 Circle: Frontage: Front: Front: Sides: 6 —�-sz, Sb- Rear: �- •S L� y o . Main Cov: Accs.Cov: Ft. H/Sb: Sd.H/Sb: GFA: Tom: 4"1 y n t f-A cr►�r- Ft.Imp: Parking: Hei t/Stories: notes: Residential Building Permit Fee Work Sheet Permit#: Date Issued: SBL: Zone: Address: Property Owner& Contact Info: Job Description: For all new dwellings and for additions measuring 800 sq. ft. or more made to existing dwellings, the following fee schedule shall apply: (plus any alteration fees) Total Sq. Ft. (excluding basements) x $220.00 x $15.001$1,000.00 Basement Sq. Ft. x $65.00 x $15.001$1,000.00 -------------------------------------------------------------------------------------------------------------------- New Construction Sq.Ft. • New Construction Cost • Buildine Permit Fee Basement= sq. ft. x $65.00 = $ x$15.00/$1,000.00= $ lst Fl.= sq. ft. x $220.00=$ x$15.00/$1,000.00=$ 2ad Fl.= sq. ft. x $220.00=$ x$15.001$1,000.00=$ Attic= sq. ft. x $220.00=$ x$15.001$1,000.00=$+ Total Sq.Ft. = sq. ft. Total Cost=$ Total B.P.Fee=$ Total Amount Paid=$- Total Amount Due=$ Date: Signed: EQE�V[EW BUILDING DEPARTMENT VILLAGE OF RYE BROOK 938 KING STREET RYE BROOK,NY 1057 VIL(914)939-0668 FAx (914)939-5801BU�ti�vw.ryebrook.or>z ARCHITECTURAL REVIEW BOARD CHECK LIST FOR APPLICANTS This form must be completed and signed by the applicant of record and a copy shall be submitted to the Building Department prior to attending the ARB meeting. Applicants failing to submit a copy of this check list will be removed from the ARB agenda. Job Address: CLH &14� Dn'Ue Phone# Parcel ID#: I — `/�v Zone: -(Z Date of Submission: Proposed Improvement(Describe in detail): lVe,.v PO-u, 4- f,-e ,L- Dj APPLICANT CHICK LIST: The following items must be submitted to the Building Department with the application-no exceptions. 1. ( )Completed Application 2. (vYEight(8)sets of sealed plans. (max.si_:= 16"1-42"i Property Owner: 3. ( Ei ht(8)copies of the property survey. Address: ii e'?—M 4. ( Eight(8)copies of the proposed site plan. 5. (✓ One electronic/disc copy of the complete Phone# 6,: . i _ 15(L akf \� application materials. Applicant appearing before the Board: 6. ( )Filing Fee. 7. ( )Any supporting documentation. 8. ( ) HOA approval letter. (ifopplicable) Address: 9. ( ) Photographs. 10.( ) Samples of finishes/color chart. (a sample board or Phone# model may be presented the night of the meeting) Architect/Engineer: By signature below, the owner/applicant acknowledges that he/she has read the complete Building Permit Instructions&Procedures, and that their application is complete in all respects. The Board of Review reserves the right to refuse to hear any application not meeting the requirements contained herein. y� Sworn to before me this /9 Sworn to before me this I 1 day of VC 520 /6 day of CU1 , 20_L1p Signaturess-kayer Signature ofA lican. Print Name of Property Owner Pr... 4ame of Applicant Notary No Pu lic ,may�b Notary� 2/10/2015 VILLAGE OF RYE BROOK BUILDING DEPARTMENT 938 KING STREET,RYE BROOK,NY 10573 (T)939-0668 (F)939-5801 ARCHITECTURAL REVIEW BOARD JULY 20, 2016 NAME&LOCATION TYPE OF APPLICATION MOTION SECOND APPROVED REJECTED APPL.# 3 Sleepy Hollow New White PVC Fence 4' CONSENT 2972 Rd ( Craighead) AGENDA 65 Bowman Ave New White PVC Fence 6' CONSENT 2973 Rivera AGENDA 157 Country Ridge Roof Top Solar Array CONSENT 2974 Govindaraj AGENDA 68 Valley Terrace Roof Top Solar Array CONSENT 2975 Klien AGENDA 14 Paddock Road Roof Top Solar Array CONSENT 2976 Stevens AGENDA 49 Roanoke Ave Roof Top Solar Array CONSENT 2977 Drukker AGENDA 9 Wyman St North Roof Top Solar Array CONSENT 2978 Harms AGENDA 23Westview Ave Roof Top Solar Array CONSENT 2979 Gerardi AGENDA 14 Birch Lane Roof Top Solar Array CONSENT 2980 Werlinich AGENDA 67 Winding Wood Roof Top Solar Array CONSENT 2981 Rd ( Schneider) AGENDA 9 Bishop Dr S Expand Driveway, 2982 Klien Remove Existing Stones 146 S. Ridge St New Retail Sign 2983 Win- Ridge Rye Ridge Pharmacy 11 Elm Hill Dr New Patio, Fire Pit & � (� 2984 Debari Sitting Walls ` `� �� —V 54 Lincoln Ave New In-ground 2985 Solomons Swimming Pool & Patio, Pergola, BBQ &Wall 114 S. Ridge St New Store Front 2986 Win Ridge 26 Woodland Dr Reframe Rear Roof Line 2987 Ebenstein &New Patio Doors 217 Country Ridge New Wood Deck, Patio, 2988 Dr (Dancyger) Stone Grille, Reduce Front Porch & Chimney Page 2 24 Red Roof Dr Replace Decking& 2989 Lipsholtz Railings On Existing Deck 11 Eagles Bluff Restoration of Existing 2990 Fredman Sun Room 6 Berkley Drive New Rear Deck, Entry 2991 So Stair, Railings,New Doors Windows & Siding ML MR JM AC CS ✓ SF MI SE } { *i $ A � - imrl +� A ' t 1 `.4 Wit' � .}�''�Y .� •�'•. f _- _ •,r � r a� r �,` fl .?�k Qe Qe4� s e�s�rT Lo mao p � LV 4 v y VI 1F i!'s' .t t` dtl t a. p a . 9 R w Check List For Release of Building Permits Address: I J a) byi V e Owner/Applicant: De bar( Phone Ws: Dates Attempted To Contact Owner/ Applicant: Comments: Ie�d ++ Q I Comments: Comments: Comments: Comments: NEED: (�x uilding Permit Fee h �OdL ( PO # ( C Home Improvement License ( bility ( crkers Comp. / Comp Waiver ( ) General Contractor's Contact Information ( ) Fire Sprinkler Plans (2) ( ) Fire Sprinkler Application ( ) Fire Sprinkler Permit Fee ( ) Estimated Cost ( ) S WO Fee ( ) Legalization Fee ( ) Other Tara O Tara Gerardi From: Tara Gerardi Sent: Wednesday,July 27, 2016 10:37 AM To: 'daniel_debari@conair.com' Cc: Lou Demasi (lou@demasiarchitects.com) Subject: 11 Elm Hill Drive Good morning, Your application has been approved, before I can issue a building permit the following items must be submitted; 1. General contractor's contact name and telephone number. 2. Westchester County home improvement license. 3. General liability insurance (the Village Of Rye Brook must be the certificate holder). 4. Workers compensation on a NYS Board form (C105-2 or U26.3). 5. A ticket number from Dig Safe NY (800-962-7962) 6. The permit fee is $270.00 that is due when the permit is physically picked up from our office. Tara TARA A. GERARDI OFFICE ASSISTANT VILLAGE OF RYE BROOK 938 KING STREET RYE BROOK, NEW YORK 10573 OFFICE (914) 939-0668 FAx (914) 939-5801 POLICY ISSUED ON THE CO-OPERATIVE PLAN NON ASSESSABLE POLICY YOUR PREFERRED POLICY In Plain Language Policy was prepared for: DANIEL DEBARI & CATHERINE DEBARI 11 ELM HILL DR RYE BROOK NY 10573 PERSONAL POLICY Preferred Mutual Live Assured" Preferred Mutual Insurance Company One Preferred Way • New Berlin, NY 13411 1.800.333.7642 • preferredmutual.com Policy PHO 0100921980 effective 01-15-2016 to 01-15-2017 Preferred Mutual representative. SUBURBAN GENERAL INSURANCE AGY FAIR LAWN NJ 07410 (201) 225-9099 9-19900 This policy jacket together with forms, declarations and endorsements, if any, issued to form a part thereof, completes this policy. PERSJCKT(10-14) INSURED COPY PREFERRED MUTUAL INSURANCE COMPANY One Preferred Way New Berlin NY 13411 Preferred POLICY ISSUED ON THE CO-OPERATIVE PLAN Mutual MORTGAGEE BILL Live Assured HOMEOWNER DECLARATION NEW BUSINESS Policy Number: PHO 0100 92 19 80 Agent: SUBURBAN GENERAL INSURANCE AGY Agent Code: 006 29 19900 Address: FAIR LAWN NJ 07410 Phone Number: (201) 225-9099 Policy Period: from 01-15-2016 to 01-15-2017 12:01 A.M. standard time at the mailing address of the named insured as stated herein. Replacement or Renewal Number of: N DANIEL DEBARI & u CATHERINE DEBARI R 11 ELM HILL DR This replaces all previously issued policy declarations, o RYE BROOK NY 1 0573 if any. This policy applies only to occurrences or losses which happen during the policy period and for which a limit of liability or premium charge is shown. Described location covered by this policy (if other than address above) COVERAGES & LIMITS A. B. C. D. L. M. DWELLING OTHER PERSONAL LOSS OF USE PROPERTY PERSONAL MED. PAYMENTS STRUCTURES PROPERTY DEDUCTIBLE LIABILITY PERSON ACCIDENT 750,000 75,000 525,000 150,000 1,000 1,000,000 5,000 25,000 FORMS & DESCRIPTION PREMIUM FORM5 02/00 Special Building and Contents Coverage Form-5 4545. 00 Replacement Value on Contents INCLUDED UMSCHED 12/05 Personal Umbrella Schedule of Underlying Insurance INCLUDED UM1731 09/08 Personal Umbrella Amendatory Endorsement New York INCLUDED UMPMIC 12/07 Personal Umbrella Liability Coverage Amendatory INCLUDED DN-182NEW 04/05 Important Credit Disclosure to our New Policyholders INCLUDED ML0084 03110 Amendatory Endorsement - New York INCLUDED ML0483 01/99 Calendar Date or Time Failure Exclusion INCLUDED ML0667 01/99 Coverage for Computer Error Excluded INCLUDED ML147 01100 Punitive Damage Exclusion INCLUDED ML435 01/01 Pollution Liability Exclusions INCLUDED ML53AB 01/02 Extension Of Property Coverage INCLUDED ML4917 12/08 Water Exclusion Endorsement INCLUDED SM-26 06193 Notice of Automatic Renewal Coverage Increase INCLUDED SM100 04191 Third Party Designee INCLUDED ML0691 04/04 Limited Property Coverage for Loss Caused by Fungi INCLUDED ML0090 12/98 Workers Compensation INCLUDED PM-PN-NY 12/05 Pinnacle Homeowner Program New York INCLUDED ML0686 09102 Identity Fraud Expense Coverage 18. 00 ML30 01100 Incidental Property Coverages - Option 1 10 .00 ML30 01/00 Incidental Property Coverages - Option 2 3.00 Includes Identity Theft Resolution Services. Learn more at www.preferredmutual-idtheft.com Thank you fan .in,6uAing with Pue eAud Mutuat TOTAL PREMIUM 42,751 .00 ADDITIONAL INFORMATION ON REVERSE SIDE THIS IS NOT A BILL RATING INFORMATION: PROT CL P PR GRP 010 TERR 149 CNTY 119 CONSTRUCTED IN 1855 CONSTRUCTION F #FAM/APT 1 DWG USE PRIMARY PMHD(10-14) COUNTERSIGNATURE: PHO 0100921980 01/19/2016 WEB INSURED'S COPY xWEB2 200110053 1 MORTGAGEE(S)/LIEN HO LDER(S) WELLS FARGO BANK NA ##936 ISAOA PO BOX 100515 FLORENCE SC 29502 LOAN NO. 0476235569 ADDITIONAL OCCUPIED RESIDENCE(S) (Liability Only) ADDITIONAL FORMS ML30 01/00 Incidental Property Coverages - Option 4 5. 00 MLWD 01/02 Water Damage - Sewers and Drains 170 .00 ML216 02/00 Premises Alarm Or Fire Protection System 500 .000R UM10O1 06103 $1,000,000 Personal Umbrella Liability Coverage 180.00 MLAPTE5 01/02 Away from Premises Theft Exclusion 626.00CR Higher Deductible Credit 750.000R Personal Umbrella Account Credit 83.000R Increased Liability Charge 75. 00 Renovator Credit 171 . OOCR Non Smokers Credit 125. OOCR PMHD(10-14) PHO 0100921980 01/19/2016 WEB INSURED'S COPY XWEB2 200110053 2 AAIS This endorsement changes ML 0691 04 04 the policy Page 2 of 2 -- PLEASE READ THIS CAREFULLY -- Fungi -- a) covered property as a result of loss 1) "We" do not pay for loss caused by, resulting caused by fire or lightning; from, consisting of, or in any way relating to b) that part of covered property that must be the existence of or any activity of "fungi". In repaired or replaced because of direct addition, "we" do not pay for any cost or ex- physical damage caused by Peril Insured pense to: Against that applies to the property; or a) clean up, remove, contain, treat, detoxify, c) covered property that has not suffered di- neutralize, respond to, monitor, or assess rect physical damage caused by a Peril the effects of"fungi"; Insured Against, but only to the extent that b) remove or replace any part of any prop- coverage for such loss, cost, or expense erty to obtain access to "fungi"; or is covered under the Incidental Property Coverage for Fungi. c) test for the absence, presence, level, or kind of"fungi". 3) "We" do pay for direct loss caused by a Peril 2) The exclusion stated in 1) above does not ap- Insured Against that results from "fungi". ply to loss, cost, or expense arising out of the existence or suspected existence of"fungi"on: Mt-0091 04 04 Copyright,American Association of Insurance Services, Inc.,2004 PHO 0100921980 01/19/2016 INSURED'S COPY This endorsement changes ML0090(12-98) the policy Page 1 of 2 --PLEASE READ THIS CAREFULLY -- WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY DOMESTIC EMPLOYEES NEW YORK "We" agree, with respect to covered "domestic em- WHO IS COVERED ployees": A covered "domestic employee" under this endorse- UNDER COVERAGE I ment is a "domestic employee" who is both: 1. engaged in regular employment of less than 40 To pay when due all benefits required of an "insured" hours per week or is engaged in casual employ- by the New York Workers' Compensation Law. ment; and UNDER COVERAGE II 2. defined under the New York Workers' Compen- sation Law as an employee for whom workers' compensation benefits must be provided. To pay on behalf of an "insured" all damages for which POLICY PROVISIONS the "insured" is liable by law because of"bodily injury" sustained by a covered "domestic employee". The This insurance is subject to all of the provisions of this "bodily injury" must be casued by accident or disease endorsement and the following provisions of this policy: and arise out of and in the course of employment by the 1. under What You Must Do In Case Of Loss Or Claim: "insured" while: a. Notice; 1. in the United States of America, its territories or b. Cooperation; possessions, or Canada; or c. Volunteer Payments; and 2. temporarily elsewhere if the covered "domestic employee" is a citizen or resident of the United d. Other Duties - Personal Liability Coverage; States or Canada. 2. under Policy Conditions: Coverage II does not apply to any suit brought in or a. Assignment; judgment rendered by any court outside the United States of America, its territories and possessions, or b. Bankruptcy of an Insured; Canada, or to any action on such judgment. c. Cancellation and Nonrenewal; APPLICATION OF COVERAGE d. Change, Modification, or Waiver of Policy Terms; The coverage provided by this endorsement does not e. Subrogation; and constitute a voluntary election of coverage under New York Workers' Compensation Law. f. Suit Against Us; 3. "our" agreement to defend the "insured" as pro- This insurance applies only to "bodily injury" which oc- vided under Coverage L - Personal Liability; curs during the policy period. If the "bodily injury" is a disease, it must be caused or aggravated by the con- ditions of the covered "domestic employee's" employ- a. Claims and Defense Cost; and ment by the "insured". b. First Aid Expense; and The covered "domestic employee's" last day of last 5. the definitions of "bodily injury", "business", "in- exposure to the conditions causing or aggravating such sured", and "domestic employee". "bodily injury" by disease must occur during the policy ("Business" includes farming with respect to cov- period. erage provided under this endorsement.) ML0090 (12-98) Copyright,American Association of Insurance Services, 1998 P HO 0100921980 01/19=16 INSURED'SCOPY AAIS ML0090(12-98) Page 2 of 2 LIMIT OF LIABILITY -- COVERAGE II CONFORMITY WITH STATUTE "We" may not limit "our" liability to pay for damages for 'Terms" of this insurance which are in conflict with the New York Workers' Compensation Law are amended to which "we" become legally liable to pay because of conform to that law. "bodily injury": EXCLUSIONS 1. sustained by one or more of an "insured's" cov- ered "domestic employees" in any one accident; This insurance does not apply: or 1. to liability for "bodily injury" arising out of activities related to the "business" of an "insured"; or 2. caused by disease and sustained by one or more 2. under Coverage ll: of an "insured's" covered "domestic employees"; a. to liability assumed by the "insured" under any if the "bodily injury" arises out of and in the course of contract or agreement; employment that is subject to and compensable under b. to any obligation under a workers' compen- the New York Workers' Compensation Law. sation, unemployment, or disability benefits law or any similar law; OTHERINSURANCE C. to punitive or exemplary damage because of "bodily injury" to any employee employed in If a loss covered by this insurance is also covered by violation of law; other insurance, "we" will not pay more than "our" share of benefits, damages, and costs. The shares of d. to "bodily injury" to any employee employed in violation of law with the knowledge or con- all applicable insurance will be equal until the loss is sent of the "insured"; paid. e. to "bodily injury" intentionally caused or ag- However, if a loss covered by this insurance is also gravated by an "insured"; or covered by other insurance written to cover "business" f. to damages arising out of the unlawful dis- employees of an "insured" who is a sole proprietor, this charge or coercion of, or unlawful discrimi- nation against, a covered "domestic insurance is primary. employee". ML0090(12-98) Copyright,American Association of Insurance Services, 1998 PHO 0100921980 01/19/2016 INSURED'S COPY PM-PN-NY 12 05 PINNACLE HOMEOWNER PROGRAM The following definitions are added: ■ Total location "limit" - this is the total of the "limits" for Coverage A, B, C and D as shown on the "declarations" page. • Total loss - when the dwelling insured: 1) Has every part destroyed by a covered peril; or 2) When a portion damaged by a covered peril remains intact and: a. The cost to restore the dwelling to pre-loss condition exceeds the dwelling amount listed on the "declarations" page; or b. The dwelling can be restored to pre-loss condition without exceeding the dwelling amount shown on the "declarations" page, when the dwelling destruction is required by law. Property Coverages Under Coverage C - Personal Property, item 4 is replaced by the following: 4. Limitations on Certain Property - The special "limits" shown below do not increase the Coverage C "limit". The "limit" for each class is the total "limit" per occurrence for all items in that class. a. $1,000 on money, bank notes, bullion, gold other than goldware and gold plated ware, silver other than silverware and silver plated ware, platinum, and numismatic property. b. $2,500 on securities, stamps, letters of credit, notes other than bank notes, personal records, tickets, accounts, deeds, evidence of debt, passports, and manuscripts. This special "limit" applies regardless of the medium on which these items exist, and includes the cost of research or other expenses neces- sary to reproduce, replace, or restore the item. c. $2,500 on electronic devices, accessories, and antennas that can be operated from the electrical system of a "motorized vehicle" or watercraft and by other sources of power, including films, tapes, wires, discs, records, or other media for use with such devices. This limitation applies: 1) while the devices are in or on a "motorized vehicle" or watercraft and 2) while the devices are not in or on a "motorized vehicle" or watercraft, if the devices: a) are used in whole or in part for "business" purposes; and b) are away from the "insured premises". d. $2,500 on watercraft including their trailers, furnishings, equipment, and engines or motors. e. $2,500 on trailers not otherwise provided for. f. For loss by theft, misplacing, or losing: 1) $5,000 on jewelry, watches, precious and semiprecious stones, gems, and furs; 2) $10,000 on silverware, goldware, pewterware, and items plated with gold or silver; and 3) $3,500 on guns. g. For loss to personal property used, in whole or in part, for "business" purposes: 1) $5,000 on property while on the "insured premises"; and 2) $5,000 on property while away from the "insured premises". However, this special "limit" does not apply to electronic devices, accessories, and antennas, including films, tapes, wires, discs, records, PM-PN-NY 12 05 Includes copyrighted material with permission of American Page 1 of 8 Association of Insurance Services, Inc. PHO 0100921980 01/19/2016 INSURED'S COPY PM-PN-NY 12 05 or other media for use with such devices, that can be operated from the electrical system of a "motorized vehicle" or watercraft and by other sources of power. These special "limits" include the cost of research or other expenses necessary to reproduce, replace, or restore "business" data. h. $2,000 total; no more than $1,000 per "recreational motor vehicle" for loss caused by: 1) theft; or 2) fire. Under Incidental Property Coverages, these changes are made: Item 2: Debris Removal - Fallen trees; items a. and b. are replaced by the following: a. occurs on the "insured premises"; b. is caused by a peril insured against under Coverage C; and c. coverage is not provided elsewhere by this policy. Regardless of the number of fallen trees, the most "we" will pay is $500 per occurrence. Item 6: Grave Markers - The amount "we" will pay is increased by $3,500. Item 10: Refrigerated Food Spoilage - The amount "we" will pay is increased by $1,000. Item 11: Loss Assessment- The amount "we" will pay is increased by $3,500. The Following Property Coverage is added: Water Damage - Sewers, Drains, and Sumps "We" pay up to $10,000 for direct physical loss to covered property caused by: 1. water or sewage which backs up through sewers or drains; or 2. water which enters into and overflows from within a sump pump, sump pump well, or other type of system designed to remove subsurface water which is drained from the foundation area. However, "we" do not pay for loss to the sump pump or other type of system or related equipment caused by mechanical breakdown. This coverage does not increase the "limits" shown on the "declarations" for Coverages A, B, C, or D. A $250 deductible applies to this coverage, however, the deductible does not apply to Coverage D. Under Additional Coverage: We pay for "power disruption" for purposes of this endorsement only if it causes overflow of sump pump caused by interruption of electrical service caused by damage to the generating or transmission equipment. Under Exclusions That Apply To Property Coverages, the references to: ■ water or sewage which backs up through sewers or drains or water which overflows from within a sump under Water Damage; and ■ mechanical breakdown under Wear and Tear: are deleted with respect to the coverage provided by this endorsement. Exclusions 1) and 3) under Water Damage continues to apply. The $10,000 Water Damage - Sewers, Drains and Sump is in addition to amounts otherwise payable, if any. How Much We Pay For Loss Or Claim; Property Coverages is replaced by the following: 1. Property Coverages a. Our Limit- Subject to the deductible or other limitation that applies, "we" pay the lesser of: 1) the "limit" that applies; PM-PN-NY 12 05 Includes copyrighted material with permission of American Page 2 of 8 Association of Insurance Services, Inc. PHO 01009219M 01/19/2016 INSURED'S COPY Affidavit of Exemption to Show Specific Proof of Workers' Compensation Insurance Coverage for a 1, 2, 3 or 4 Family, Owner-occupied Residence **This form cannot be used to waive the workers'compensation rights or obligations of any panty.** Under penalty of perjury, I certify that I am the owner of the 1, 2, 3 or 4 family, owner-occupied residence (including condominiums) listed on the building permit that I am applying for, and I am not required to show specific proof of workers' compensation insurance coverage for such residence because (please check the appropriate box): ❑ I am performing all the work for which the building permit was issued. ❑ I am not hiring,paying or compensating in any way,the individual(s)that is(are)performing all the work for which the building permit was issued or helping me perform such work. Rr I have a homeowners insurance policy that is currently in effect and covers the property listed on the attached building permit AND am hiring or paying individuals a total of less than 40 hours per week (aggregate hours for all paid individuals on the jobsite)for which the building permit was issued. I also agree to either: ♦ acquire appropriate workers' compensation coverage and provide appropriate proof of that coverage on forms approved by the Chair of the NYS Workers' Compensation Board to the government entity issuing the building permit if I need to hire or pay individuals a total of 40 hours or more per week(aggregate hours for all paid individuals on the jobsite)for work indicated on the building permit,or if appropriate,file a CE- 200 exemption form; OR ♦ have the general contractor, performing the work on the 1, 2, 3 or 4 family, owner-occupied residence (including condominiums)listed on the building permit that I am applying for,provide appropriate proof of workers' compensation coverage or proof of exemption from that coverage on forms approved by the Chair of the NYS Workers' Compensation Board to the government entity issuing the building permit if the project takes a total of 40 hours or more per week(aggregate hours for all paid individuals on the jobsite)for :i5 c the building permit. (Si ttxre omeowner) (Date Signed) 1- 7-')4E .c I Home Telephone Number 9/V -%s'7- (Homeowner's Name Printed) Sworn to before me this ___ day of Property Address that requires the building permit: (County Cler blie) Notary Public,State of New York No.01 ME6160063 Cualtfied in Westchester County Commission Expires January 29.20 Once notarized,this BP-I form serves as an exemption for both workers'compensation and disability benefits insurance coverage. BP-1 (12/08) NY-WCB FENCI 0.5'N UJI ON MAP ENTITLE "SECTION TWO FILED FEBRUARY 14, 1956 ON 95 so ASPHALT DRI VEWA Y Ln 59 FENCE Co 3.0'W ■ N O , I N 4.� • I 69.6' I I I =C. a N U- I o I I 0 o L,o, LAWN 1 -o 4( >4? FENCE 7.3 S ELM KNOWN AS "GILL '; ON MAP ENTITLED 'SECTION THREE PINE RIDGE, " FILED JUNE 26 1958 AS MAP NO. 11525 CERTIFIED TO:- 1. CONESTOGA TITLE INSURANCE COMPANY 2. BAY ABSTRACT CORP. 3. WELLS FARGO BANK, N.A. 4. DANIEL DEBARI 5. CATHERINE DEBARI TAX DESIGNATION SECTION: 135.50 BLOCK:1 LOT: 46 PROPERTY SITUATED 11 ELM HILL DRIVE TOWN OF RYE COUNTY OF WESTCHESTER STATE OF NEW YORK UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209, OF THE NEW YORK STATE EDUCATIONAL LAW. COPIES OF THIS SURVEY NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL. INSTITUTIONS OR SUBSEQUENT OWNERS. N N 82001'20" W HILL DRIVE DATE OF SURVEY: JANUARY 5, 2014 pG3 r;:;ja5 ES it eS . AT Raman AM License No. 050457 NY Land Surveyor P.C. 77-15164th Street, Fresh Meadows, NY 11366 Tel. 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