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HomeMy WebLinkAboutBP20-275PPmIT # 8(0 275 DATE. EP: a l StELTION LvZo.s2s�g;. BLOCK 1 LOT D wl iire i4 SW S _ pro , e x� 1�' P k✓a-�f S, fhsv� r15-5350 TYPE OF WORK JOe L OWN CONI EST. ✓CO # TCO # FOOTING FOUNDATION FRAMING RGH FRAMING INSULATION PLUMBING 1:3 RGH PLUMBING FEE DATE __ INSPECTION RECORD 5 70� / JP GAS ,D SPRINKLER J+/p?/� ✓�`)�ly / © 11 t G2� Ll��� ��-G ELECTRIC LOW -VOLT ED ALARM AS BUILT FINAL .....O . :s �� A AS$� 1F1NAL SURVEY RENJIRED PRIOR To AL NSPECTON r �e� ved � ��ai/aa� Tonight, we’re requesting two variances. One is a setback variance. This is in the R-25 zone, which second here. Yeah, bear with me, very slowly. So again, this is the front elevation of the house. some other photos of the side and rear of the house. And so, I'm going to go back to the plan for a you can see my cursor. There. There above the living room, dining room area. And then there's a street view of the house. And we're proposing to add above the living room area here, this area, if me see, scroll through some of the pictures here. Hopefully. It's an existing split-level house. Here's Okay, so what we're proposing tonight is a second-floor addition to existing split-level house. Let Mark Mustacato Yes. Whatever you like. Okay. Don Moscato Yes. How are you? So, let me just share my screen. Mark Mustacato Hello, Mark. Michael Izzo Okay. Welcome, Don Moscato Yes. It's me. Mark Mustacato from RMG Associates. How are you? Mark Mustacato Who's going to be making your presentation this evening? Is it going to be your architect? Morrissey. 21 Woodland Drive to construct a second-floor addition and rear one-story addition. Firstly, first application this evening is application number 20-012. David Morrisey, and Karen Don Moscato Construct a 2nd floor addition & rear one-story addition. 21 Woodland Drive David Morrisey & Carin Morrisey #20-012 1.1. barking, fire alarms going off and other sorts of interesting distractions. until you're going to speak so that we eliminate as many background noises as possible; dogs before us this evening. And I'm just going to start out, the suggestion typically is to stay on mute, Alex Marshall. And somewhere sending out the feed is Fred Seifert. We have three applications -2 - https://otter.ai Transcribed by Michael Izzo meet the height the setback ratio. probably like this area, this top little triangle right here that is encroaching into the or that doesn't again, it's just a relatively small area. So, if you look at the front elevation, the percentage of it's we have a side to setback ratio of .55, the maximum is .48. So again, it's really pretty minor. And small area of the gable roof that actually encroaches into the required height, the setback ratio, so Yeah, it's a very small section of the roof that will actually be in it, you can see this chimney, this Mark Mustacato it? You know, setback ratio? If you could sort of quantify the percentage of the roof that is going to be in there? Is Mark if I can jump in can you speak to the percentage of the encroachment regarding the height Michael Izzo to answer any questions that you might have. the neighborhood in any way. Aesthetically, I think it'd be a nice addition to the house. And happy will relieve the hardship and accomplish what- what you want I don't think it has any detriment to closets and the master bathroom. So, we feel again that these are really the minimum variances that master suite with a little study area for working from home and so many people are doing, walk-in kitchen here. And then on the second floor. We'll be adding again at the top of the stairs here a new this area with the screen porch, proposing to push out open up and push out the back of the area. So, this is the existing first floor of the house. We have the living room dining room kitchen in is the master bedroom suite in the back, and we have a small bump out addition here in the kitchen solution for the statics of the house. And so, you can see again we have the rear of the house. This and less interesting looking it would have avoided this variance but it wouldn't have been the right existing gable rather than a front to back cable which would have, I think, created a lot of mass here the best way to handle the elevation is to have a side to side gable roof matching the pitch of this be providing. So again, those are the two variances we’re requesting this front elevation, we felt that because the grade is lower at the front. And this is the proposed height to setback ratio that we will height to setback ratio. And you can see actually just partially clips this existing gable already setback, ratio variance. And again, if you look here, you can see this this lower line is the allowable exists below it. The second variance that we're requesting tonight is if a front yard setback, after further than the existing house, we'll be building over the top of this section of the footprint that our house of over 67.3 feet. And the existing setback is 50.8 feet. So, we will not be encroaching any us is very far back from the street as a setback of over 94 feet. So that creates a required setback for either side of you. The house to the left of us is very close to the street, but the house to the right of requires a front setback that is equal to either 40 feet or equal to the average of the two houses on -3 - https://otter.ai Transcribed by They'll see less height than if we did that in the opposite direction. Yeah, and I think we have quite a bit of privacy in it. And the reality is this design is better for them. roof sloping away from them. So, we have we have a very good distance to the side property line. need the variance, because they'd be looking at a Gable ends in that case, instead of looking at this see a roof like this and the front, the neighbor would see a much taller facade, and we wouldn't where we do a front to back Gable, so that, rather than seeing a peak here at the front, you would property line there. And the truth is, if we had done if we do the roof in the opposite direction, there are plans to some plantings along the property line, we're approximately 24.7 feet from the Otherwise, I'm going to if you see my cursor, this whole area meets the height, the setback ratio, violate the height, the setback ratio, the side meets the side requirement. And this point here. Yeah. And also, just- just to point out, this part that's close to the neighbor's property line, does not Mark Mustacato neighbor's property? And are there trees there? What's on the side where you're going to be violating the height setback? What's the distance to the Steve Berger architect? which is about 15%. Is that? Okay, fine. Okay. Does anyone else have any questions of the Okay, am I correct in saying that you're looking for a point oh, seven? relief over a point four, eight, Don Moscato get the aesthetic appearance that we desire. order to do that, we are going to need the variance, but we thought it's worthwhile to seek that to should look like. We went over it, Mr. & Mrs. Morrissey and agreed with that. And realize that in were the best solutions for the roofline of the house, reached the conclusion that this is what they We? I don't know that we did necessarily either one. What we did was research what we thought Mark Mustacato the existing plans that you have before us? for that type of variance? And then find out that you were not happy with the design, culminating in that you had a front side yard setback issue? Or did you start out by designing it without the need guess, would be and in this case, did you start out designing the recommendation, and then find out walked by that house every day. Okay, and very familiar with the contiguous houses. My question, I Mark, the question I have is I understand fully the contextual requirement, and I pretty much Don Moscato Thank you. -4 - https://otter.ai Transcribed by David Morrisey approve of the proposal. Okay. All right. So, you say that one to the, to the right, the one with the large setback, they Don Moscato Yeah that's to the left David Morrisey Right. That's what I thought because there's a lot of construction going on there for quite a while. Don Moscato moved in three weeks ago. The one to the right, yes. The one to the left- we have only met them once. They literally just David Morrisey And have you touched base with them in terms of how they liked the idea of the plan is proposed? Don Moscato Left and Right David Morrisey Both Karen Morrisey They did they just move? in the people to your immediate left? Don Moscato So, I'm sorry. Say it one more time. Mark Mustacato house to the left has a new inhabitant, is that correct? Am I correct in stating that the neighbor to your side would be facing the front of the property, the Don Moscato Thank you. Steve Berger -5 - https://otter.ai Transcribed by Second? Glenn Brettschneider You can leave that out. Okay. You can leave that up for a while. Okay. Do we have a second? Don Moscato Do I stop the screenshare? Mark Mustacato Second Glenn Brettschneider So, moved. Jamie Schutzer Okay. All right. Doesn't look like there's anyone can I have a motion to close the public hearing? Don Moscato they are welcome to unmute themselves. There's no one waiting in the meeting waiting room. So, if there's anyone currently in the meeting, Alexandra Marshall is there anyone else online here that may speak for against the application? Everyone? Okay. Okay, I don't think we received any letters of formal letters of support. But Alex, Don Moscato Nope. Jamie Schutzer Good Glenn Brettschneider Right. Okay. Anyone else have any questions of the of the architect? Don Moscato of our house. And she has a letter to I spoke to the wife and explained what we were doing because she asked. She saw the sign in front -6 - https://otter.ai Transcribed by resolution. application. So, I'm going to go ahead and read the result and seek your- seek your approval on the And I think you all answered that cannot be achieved through another method feasible for the think it's an environmental issue. I believe they are substantial, and the variances are self-created. me the only two concerns. I don't think it's a character violation issue of the neighborhood. I don't Yeah, I concur. I concur with that. Okay, so if I’ll go through the five factors with you. It seems to Don Moscato Same Jamie Schutzer I agree. Joel Simon I think- I think this design is better looking for the house. Steve Berger I don't have anything Glenn Brettschneider I don't Jamie Schutzer I have no issues with it. Joel Simon chime in on that if you're comfortable with that? the explanation that Mr. Muscatato gave with respect to the alternative roof design? You want to applicants that can be pursued? And so, I'll ask my fellow board members, are you comfortable with you saw the only question I had was, is there an alternative that will meet the needs of the very accommodating in terms of giving relief for the front yard setback in this particular case. As situation causing hardship for the house in between the two. And in the past, we've usually been having one house, that is dramatically setback. And another one that is pretty much in a, in a normal Okay, public meeting is closed. Okay. You know, this is a classic example, in my opinion of, of Don Moscato -7 - https://otter.ai Transcribed by The variances ARE substantial; 3)feasible for the Applicants to pursue, that does not require the variances; The benefit the Applicants seek CANNOT be achieved through another method, 2)neighborhood; The variances WILL NOT create an adverse impact to the character of the 1)Rye Brook Code, finds: concerned, and upon considering each of the factors set forth at Section 250-13(G)(b)\[2\]\[a\]-\[e\] of the the Board, from the application, after viewing the premises and neighborhood WHEREAS,and Environmental Quality Review Act and accordingly, no further environmental review is required; the proposed action is a Type II action pursuant to the New York State WHEREAS, the public hearing was closed on November 4, 2020; and WHEREAS,those wishing to be heard were given such opportunity; and a duly advertised public hearing was held November 4, 2020, at which time all WHEREAS,and Parcel ID# 135.36-1-36; map of the Village of Rye Brook as Beechwood Boulevard and Woodland Drive. Said premises being known and designated on the tax on the North side of Woodland Drive, approximately 1,200 feet from the intersection of in an R-25 zoning district , floor addition, on property located at 21 Woodland Drive nd proposed 2height setback ratio is 0.48 pursuant to Village Code § 250-18.2.J(1), in connection with the 18.2.H, and (2) a front height setback ratio variance of 0.07 where the maximum allowable front the minimum required contextual front yard setback is 67.3 feet pursuant to Village Code § 250-for (1) a contextual front yard setback variance of 16.5 feet where Morrisey (the “Applicants”) David Morrisey & Carin application has been made to the Zoning Board by WHEREAS, RESOLUTION -8 - https://otter.ai Transcribed by Joel? Don Moscato Yes. Jamie Schutzer Jamie? Michael Izzo Yes. Glenn Brettschneider Glenn? Don Moscato Yes. Steve Berger Okay, let's take a vote on this then. Steve? Don Moscato the review of this application. in full all application and consultant fees incurred by the Village in connection with No permit or certificate of occupancy shall be issued until the Applicants have paid 1)18.2.J(1), is hereby GRANTED on the following conditions: where the maximum allowable front height setback ratio is 0.48 pursuant to Village Code § 250-67.3 feet pursuant to Village Code § 250-18.2.H, and (2) a front height setback ratio variance of 0.07 front yard setback variance of 16.5 feet where the minimum required contextual front yard setback is that the said application for (1) a contextual NOW, THEREFORE, BE IT RESOLVED The need for the variances IS self-created. 5)environmental conditions of the neighborhood; and The variances WILL NOT create any adverse impacts to the physical or 4) -9 - https://otter.ai Transcribed by screen? Yes. I mean, the Abraham's are on the screen. So, I'll take over the screen for them. Can you see my John Scarlato Yes. Okay. You ready to go? Don Moscato I'm here. Can you hear me? John Scarlato wall. Okay, is John Are you there? new rear deck, new roof over existing patio and extend the patio with fire pit. Barbecue and sitting Charles lane. Application 20-017 Jeffrey Abraham and Melissa Milstein. 3 Charles Lane, construct a Second application before us. Is application number 20-017. Let me jump up there. There we go. Don Moscato fire pit, barbeque and sitting wall. Construct a new rear deck, new roof over existing patio, extend patio w/ 3 Charles Lane Jeffrey Abraham & Melissa Milsten #20-017 1.2. Thank you. David Morrisey Thank you. Karen Morrisey Thank you. Mark Mustacato shared screen now. Mark, thank you very much. Don? Yes. Okay. Application approved five yeses, zero nos. Congratulations. You can remove the Don Moscato Yes. Joel Simon - - https://otter.ai Transcribed by John Scarlato You bet I am. Joel Simon You're going to test me, aren't you? John Scarlato John, can you zoom and center that to that site plan, can you? Michael Izzo setback. new deck is here. And we're doing a 14-foot deck, which puts us sort of have a 30-foot rear yard house goes back another 45 feet, like this section here. So, this is where we're proposing to do the have a four-foot walkway now that comes out the door and goes down to the patio. This part of the walkway. So, the four-foot walkway work. So, this part from here to the house is like 44 feet, we the house, we need a 40-foot rear yard setback. And the house is like 44. And we have a four-foot Let me pull up the drawing a little better. Let's just make it a little bigger, so we can see. Okay, so John Scarlato How far back is that longest portion? In terms of footage shot, Don Moscato into that. So those are the folders. from the site plan. So that's the reason we're going for a variance to the deck. Again, we're looking is short. And our part back from this part of the house is really long because it goes back to see it like an 'L'. So, this piece of property kind of cuts into it. So, our setback from this part of the house to go outside and barbecue. Now, this backyard is interesting because this section of it is the yards patio. So, we wanted to put a real deck at this level so that you don't have to always go down a step walkway coming out the door of the because it's a flat level. Let me come down the steps to the we're putting the new roof over. And right now, because of the setback issue. We have basically a neighbors. This is looking back at the house. So right now, this is the existing patio. This is the area Okay, I'll start with the photo of the front of the house. This is the backyard looking back at the John Scarlato Yep. Don Moscato - - https://otter.ai Transcribed by John Scarlato Yeah, you do have a letter from someone from Mark drive. Don Moscato And it's Mark Drive, I believe at the back of Mark. John Scarlato That's what I'm curious about. Joel Simon We have, I believe we have a letter of support for them. John Scarlato John, who's address is that that takes up that stone? Joel Simon the new patio. And then we're doing a stone sitting wall at the end of the patio want to fire. This is the roof patio. This shaded area. This is the deck. This is our new stairway going down to John Scarlato John what address is that that takes up that chunk. Joel Simon behind the bigger part of the yard. the new patio. We're doing the roof over the existing patio, which is not an issue because we're setback to put a 14-foot-deep deck on the back of the house. And then we're going to step down to been kind of in their part of it, but you know it is what it is. So that's why we're here for a 10-foot feet off or 14 feet off the right side. So, the house and kind of put the other way, we would have positioned on the site the way it is, it's actually you know, we're 34 feet off the left side, and we're 15 non-issue because we've got a lot more room. And the house just happens to be, you know, Right, so, and so our rear yard setback from this part hitting the chunk. And then those parts are John Scarlato There you go. Yeah, yeah, that depicts the, the chunk that's missing from the rear yard. Michael Izzo I'm getting better, I'm getting better. - - https://otter.ai Transcribed by Can you scroll down just so we can see the borderline again? Joel Simon 30 feet left. We have 40 feet between the walkway to the property line. We're taking 10 feet; we're going to have John Scarlato leaving 20 feet. that 30, you got 30 feet between what you currently have in the property line, eat up 10 of that, So is it 14 feet further than What it is or 14 feet, including 10 feet on the walkway. So, if you see Joel Simon It's actually only 20- it's like 20 feet 6 inches. John Scarlato My math has it at 23 feet wide Glenn Brettschneider talking about 14 feet out and it's like 24 feet wide. We're only running behind the family room. We're only going to be on the kitchen so it's we're the kitchen on the eating area. And we're not going to be because of this window and the generator. made us not even go across the whole back of the house. So, the deck is really only going behind It's really not a big deck. It's really not that big. We're limited to the generator to which kind of John Scarlato Okay. And you've wrestled with the idea of making a smaller deck and you've decided that Don Moscato allowed to have 4%. Just a sec I think that's on my zoning chart. Hold on. 322 square feet. 1.7% of the lot size we're John Scarlato And what would be the total square footage of the deck Don Moscato Right. But it's on the cul-de-sac of Mark. It backs up to them. - - https://otter.ai Transcribed by John where does the 14 feet come from? Glenn Brettschneider We're not touching the tree. John Scarlato And I assume you're not touching the trees. Steve Berger deck. So, it is still in here. And they're probably going to replant the bushes that are around the deck now around the new outside part of the property is all landscaped or fence. And this is what we're talking about doing. you're looking out at the backyard, it's fairly well, landscape between the houses landscape in the I mean, their yard is very well landscaped and very well screened if I go back to my photo. So, if John Scarlato Can John- can you comment on the screening for the benefit of the viewing audience. Don Moscato non-issue. So, we really didn't come in with a really big deck. life easier. And then their chairs and hangouts going to be the fire pit at the lower patio, which is a you can go outside barbecue and have a table outside the main level, the kitchen level, which makes We really didn't do a big deck. And we really have more patio space. We really wanted to play so John Scarlato I see, okay. Joel Simon 30 feet from the deck to the property. Right, so right now we have 40 feet from the walk walkway to the property line, we're going to have John Scarlato Yeah. Joel Simon Plot plan? John Scarlato - - https://otter.ai Transcribed by Mark Mustacato Jamie, do you have any questions? Don Moscato Okay. Glenn Brettschneider And we did it because of the setbacks on the side. John Scarlato Right. And- Glenn Brettschneider If you go over 14 feet, you need to do the double row of sauna tubes and beam, so it adds the cost. John Scarlato Right Glenn Brettschneider Yeah, 12 to 14 is a very easy to build, easy to work with. John Scarlato is that a typical good size? 12-14 feet? I'm not saying you should be 12 Glenn Brettschneider Okay, works good for furniture and chairs and table and getting around it with people sitting at a table. 14 feet works really well for a deck structurally, the way that with only one line of columns. And 14 John Scarlato it's 14 feet. Where's 14 coming from because- No, no, no, no, no, I understand that. It's um- it's a typical Brettschneider question how, you know, Glenn Brettschneider 14 feet is from the back of the house. It's on the edge- John Scarlato - - https://otter.ai Transcribed by know, it's the other side of this, you know, same coin, the fact that you have less room now to work Right. But as John said, the fact that it's only 40 feet actually is the opposite. It's the same, you Glenn Brettschneider changes the look of the yard and the perception of the yard. And I think I think the only difference it makes is by having that extra room in the other area, it Joel Simon because we would have the extra 10 feet in the deck would have fit. deeper lot and your deck is making it shorter than you may not have the issue if it was a regular lot, normal lot would be, and you would have had 50 feet in the rear instead of the 40. Because it was a Well, I mean, it depends. I mean if the rear irregular shape is making your lot less depth than the John Scarlato wanted to put a deck there anyway. an issue. It would be the same If it was just squared off, and you had a 40-foot setback, and you Right, right. What I'm saying is I don't think that the fact that it's an irregular shape really becomes Glenn Brettschneider in theory, the most space between the setback and a reasonable back. So reasonable size deck, that makes sense that works with it, and we try to design, you know, to give us the whole yard part of the yard, we kind of look at, you know, what the requirement is? What a I think because I mean, I think when I design a deck that I know has a setback issue, whether it's John Scarlato feet? So, the fact that it's an irregular size, I don't think has any relevance to the deck. Right? wanted to put a deck, would that make any difference in designing it? Because it would still be 40 part that's longer is irrelevant. Right. So, if you had a, a straight line across from the 40 feet, and you about that. So, what would be the difference if it was not an irregular lot? Right? It's longer, but the But that actually leads me to a question I thought of earlier, Jamie, thank you for letting me think Glenn Brettschneider fact that it has that irregular lot size. You know, I'm- I'm comfortable with this. issue. But the fact that it's- it's screened in so nicely back there. And, you know, you can't avoid the the back, or like john said, if the house was built in the middle, you know you wouldn't have this this. I look at it as an irregular lot size. I mean, that L. Right. I mean, if that was just straight across I actually had this exact issue in my own home probably 10-12 years ago and John helped me do - - https://otter.ai Transcribed by Don Moscato Motion to close, Oh, Second. Glenn Brettschneider So moved Jamie Schutzer Okay. Can I have a motion to close public hearing? Don Moscato No one's in the waiting room. Alexandra Marshall to come in on this that you're aware? proximate homeowners that are in support of the application. Alex, anyone else waiting in the wings Are there any other questions of John? Okay, let the record show that there were two letters from Don Moscato Okay. Glenn Brettschneider setback, but right. I mean usually there's more room in the rear. Usually, they pop them closer to the front yard John Scarlato I would assume most houses were not constructed on the rear setback, though, right? Glenn Brettschneider and down stairs. So, depending on how the house is laid on a lot, you know, it depends. So don't think about it, they think a patio and they don't think people in the future don't want to go up Right, or sometimes again, you know, the houses are built on their rear yard setback. So, like, they John Scarlato know, you have less room to work with. So, you need a variance with. It's not again, that it's irregular, it's just that portion is kind of shorter, which makes it you - - https://otter.ai Transcribed by the public hearing was closed on November 4, 2020; and WHEREAS,those wishing to be heard were given such opportunity; and a duly advertised public hearing was held November 4, 2020, at which time all WHEREAS,and Parcel ID# 135.33-1-7; Village of Rye Brook as Mark Drive and Charles Lane. Said premises being known and designated on the tax map of the zoning district on the West side of Charles Lane, approximately 225 feet from the intersection of in an R-15 ,extend patio w/ fire pit, barbecue and sitting wall, on property located at 3 Charles Laneconstruction of a new rear deck, new roof over existing rear patio, connection with the proposedminimum required rear yard setback is 40 feet pursuant to Village Code § 250-20.G(3), in for a rear yard setback variance of 10 feet where the Melissa Milsten (the “Applicants”) Jeffrey Abraham & application has been made to the Zoning Board by WHEREAS, RESOLUTION Alright, let me go ahead with the resolution. Don Moscato then I would agree that it is the smallest once you put that the wording, you know to fit their needs. As John said 14 does make it a little more comfortable, I'm like- I'm like torn. I think it's nice. I think you could go a little smaller but if you're going to use Glenn Brettschneider Okay, yeah, got a few nods there. all in agreement that this is the smallest possible variance to meet the need? We okay with that? don't think we brought up any issues of water for physical environmental conditions. And are you and significant size variances. I don't think it impacts the character. There is sufficient screening. I do think the variances just as the previous application there in terms of the factors are self-created Okay. Seconded. Okay. public hearing is closed. I don't have a problem at all with the application. I - - https://otter.ai Transcribed by Glen? Don Moscato Yes Steve Berger the review of this application. in full all application and consultant fees incurred by the Village in connection with No permit or certificate of occupancy shall be issued until the Applicants have paid 1)§ 250-20.G(3), is hereby GRANTED on the following conditions: variance of 10 feet where the minimum required rear yard setback is 40 feet pursuant to Village Code that the said application for a rear yard setback NOW, THEREFORE, BE IT RESOLVED The need for the variance IS self-created. 5)conditions of the neighborhood; and The variance WILL NOT create any adverse impacts to the physical or environmental 4)The variance IS substantial; 3)for the Applicants to pursue, that does not require the variance; The benefit the Applicants seek CANNOT be achieved through another method, feasible 2)The variance WILL NOT create an adverse impact to the character of the neighborhood; 1)Rye Brook Code, finds: concerned, and upon considering each of the factors set forth at Section 250-13(G)(b)\[2\]\[a\]-\[e\] of the the Board, from the application, after viewing the premises and neighborhood WHEREAS,and Environmental Quality Review Act and accordingly, no further environmental review is required; the proposed action is a Type II action pursuant to the New York State WHEREAS, - - https://otter.ai Transcribed by Don Moscato expansion and remove existing gazebo. Construct a new roof over rear patio, new outdoor kitchen, patio 12 Birch Lane Joshua Shaw & Melissa Shaw #20-018 1.3. I'm sticking with you; I'll pull up the next one. John Scarlato Okay, you're welcome. You're gonna stick with us. Don Moscato Thank you so much. Melissa Milstein Thank you Jeffrey Milstein Thank you very much. John Scarlato Okay, Don. Yes. application is approved five yeses, zero nays. Okay, congratulations. Don Moscato Yes Joel Simon Joel. Don Moscato Yes. Jamie Schutzer Jamie? Don Moscato Yeah, yes. Glenn Brettschneider - - https://otter.ai Transcribed by There on that side that holds it John Scarlato Right Glenn Brettschneider yeah, and then there's a retaining wall John Scarlato kind of like, If you see some of the other photos, you'll see this it looks like it's definitely on a grade because it's Glenn Brettschneider a pool and a hot tub. sliding glass doors and stuff down to the patio. And then you step down to the lower patio that has I think because- I guess they're just working with the grade. So, you come out landings of the two John Scarlato There's like a small step down to the pool area? Don Moscato What do you mean? John Scarlato that? John, why is there a different elevation in terms of that patio that's there now? Is there a reason for Don Moscato backyard. So um, okay, so this is different shots of the backyard. against the back of the house. And there's a free-standing gazebo. That's the only covering of the the side of the house. The house has a pool with a patio around it and the patio running back We're going to start with the photos. That's the front of the house I got. So, this is coming around John Scarlato this is part of red roof complex. So, go ahead, John, he can start your info. rear patio, new outdoor kitchen, patio expansion and remove existing gazebo. And as you all know, Application number 20-018, Joshua Shaw and Melissa Shaw, 12 Birch lane, constructing new roof, - - https://otter.ai Transcribed by that, that barbecue that's going to be a permanent? Did you have any as part of the design? That was the nature of my question. How are you venting Don Moscato an issue, like a normal barbecue. And sometimes we put a fan in the ceiling to blow it up higher. other house is kind of over in that way. So, I'm not thinking the barbecue should be that much of Well, I mean, we're in from our side yard setback and the other house around the cul de sac, the John Scarlato barbecue in this case, how is that going to potentially impact the neighbors? to their property that every time they ran the barbecue, they got smoke inhalation. The siting of the barbecue, but I've been in situations where people have complained that the barbecue was so close people who are downwind from that. Not that they don't like the smell of, you know, good put a, a barbecue in, especially a structural one built in, often times it creates challenges for the So from your architectural insight, if they have a barbecue there, you know sometimes when people Don Moscato gets really too hot, because the whole backyard is south facing. So those are the photos. levels of wall. So, this is the area where we're trying to do a roof area because there's no shade and it retaining wall. So, this is the retaining wall with the gazebo is on the other side. Right now, has two I guess they're all gone. This is the other side of the house. Right. So, then the house is built with a John Scarlato tall. Yeah, there's no question that there's abundant screening image there in the back. Those are pretty Don Moscato All right. Those are stairs going down. John Scarlato You do? Yeah. You have a picture of it. Glenn Brettschneider There. One. I don't have a good picture of it. John Scarlato Right Glenn Brettschneider - - https://otter.ai Transcribed by John Scarlato Okay, Jamie Schutzer The gazebo is out here, freestanding. John Scarlato John in that- in that picture right there where currently is the gazebo in there? Jamie Schutzer covering them. was governed by kind of the pattern with lines of the patio and the two wings of the house by just unintrusive and kind of low profile with square columns. So that's how-that's how the length was, hipped roof so that it almost looks like the whole thing spot because we're trying to make it very going to get rained on if it's raining. And it's not the sun's not on them. So, we did a very shallow did a really shallow pitched roof because they're really just trying to get an area that they're not middle because this piece of the house sticks out further so we got to just angled it back. And we whole wing of the house because we just thought it looked kind of strange if we came back in the to where the post ended with this part of the patio. And then we angled it so that we covered this barbecue at the end. So, we did 14 feet, we lined up with the one into the house. And we brought it the table is going to be kind of in this area, and the seating is going to be kind of in here with the not covered, this part is covered, and they figure they're going to put their table in a sitting area. So, structurally what worked to make it and it worked with kind of the patio. So, this part of the patio is patio, this patio is actually deeper here. But we're not putting the roof deeper, because 14 was So right now, you come out, you hit a landing, you go down a step, which kind of kills a lot of the John Scarlato deck, I have down here 40 by 14 is that is that approximately correct Okay, and comment on this the size, I know Glenn brought it up in the earlier application. This Don Moscato we could put it on, try to vent to them. fan, because we're on the end- we're on the edge of the roof. And it's like a nine-foot ceiling. But or can put a fan in I mean, I was thinking it was at the end of it, we probably could get away without a We're probably going to do a fan and the barbecue is not on the- it’s at the back not on the end, we John Scarlato - - https://otter.ai Transcribed by Right and you smell their food which is probably why you want the kitchen as well right? Glenn Brettschneider behind them on red roof. That's right. but it's not on Red Roof, right? it's on the it's on the other street behind us or another red house Joshua Shaw Okay, Glenn Brettschneider dogs. But you we don't see them because it's pretty tall and dense. Yeah, our neighbor's backyard. They have an outdoor kitchen and a patch of grass for their two Joshua Shaw other side and I assume another house? The back of another house? nice height. They're very dense. They provide a lot of you know, a nice barrier but what is on the on the other side of those hedges I you know, I looked at him too. I noticed what Don did they're So if I could ask you or if Josh wants to answer, because he's my neighbor across the street, what's Glenn Brettschneider That’s the property line John Scarlato back I assume that's the property line and not the trees? So, John the roof is going out. I guess there'll be a 26-foot setback from the property line. Um, out Glenn Brettschneider entertaining so that was kind of a problem. too small to maybe put a table or a little bit of seating, it doesn't really work for groups of people done but it doesn't really work because you've got to leave the house to get out to it. And it's really structure, so it's like a shed. So, you can sit in your backyard correct. So that's kind of why it was And I'm assuming that gazebo was done by the previous owner, because it's a freestanding John Scarlato Right, Jamie Schutzer And we're getting rid of the gazebo. - - https://otter.ai Transcribed by coming down. because it just it gave us a decent amount of covering in front of the door in front of the steps want to go out the whole 16 that this is. So that's why we did-that's how I came up with the 14 which eats up like four feet of space. So, it really kills the usable space if I make it 12. And I didn't The issue is, when you come out the door, there's a platform and steps on both sliding glass doors, John Scarlato And why does it have to be 14? Okay. Okay, let me ask Glenn's question from the previous application. Why not? 12 feet, john? Don Moscato barbecue. So, we provided all three to the right, that would get some downwind smell maybe of the good Joshua Shaw So, they provided a letter from those people. Glenn Brettschneider Yeah. Joshua Shaw Cause I know they saw our letter because I know they have two dogs. Okay. Glenn Brettschneider Yeah. Joshua Shaw Yeah. And are the people behind you with two dogs? Is that Gottlieb? Glenn Brettschneider cul de sac circle. It's not facing anyone's house. for shade. Our neighbor on the right side is all the way back. So, our BBQ would actually face the old parents come over Yeah, skin cancer in the light. Like they literally don’t know where to sit at all the backyard. That's how brutally hot it is. We have zero shade in the backyard. So, 85 and 87-year-didn't know he took any pictures like you did. It was really nice. We've got about six umbrellas in Just two comments if I may? Two comments One is if you notice on the pictures John took which I Joshua Shaw - - https://otter.ai Transcribed by South side of Birch Lane, approximately 290 feet from the intersection of Old Orchard Road and in an R-15 zoning district on the ,removal of existing gazebo, on property located at 12 Birch Laneproposed construction of a new roof over rear patio, new outdoor kitchen, patio expansion and rear yard setback is 40 feet pursuant to Village Code § 250-20.G(3), in connection with the for a rear yard setback variance of 14 feet where the minimum required Shaw (the “Applicants”) Joshua Shaw & Melissa application has been made to the Zoning Board by WHEREAS, RESOLUTION Okay. All right, good. Don Moscato Motion to close. Glenn Brettschneider Okay, I'm going to have a motion to close public hearing. Don Moscato No one's in the waiting room. If anyone else would like to comment, feel free to unmute. Alexandra Marshall comment. Ah, okay. Now there we have the three letters of support Alex, no one waiting in the wings want to Don Moscato Okay, and you can close- Don you need to close the public meeting. Michael Izzo with that? there's a character issue and I don't think there are environmental issues. So, are we comfortable answered by John. If the variances are substantial, and the variances are self-created, I don't think alluded to earlier by Glenn. And I guess the question is this the smallest possible variance was just factors with you. Oh, let me show enter into the record the three letters of support, and that were Thank you. Does anyone else have any other questions of John? Okay, let me then go through the Don Moscato - - https://otter.ai Transcribed by § 250-20.G(3), is hereby GRANTED on the following conditions: variance of 14 feet where the minimum required rear yard setback is 40 feet pursuant to Village Code that the said application for a rear yard setback NOW, THEREFORE, BE IT RESOLVED The need for the variance IS self-created. 5)conditions of the neighborhood; and The variance WILL NOT create any adverse impacts to the physical or environmental 4)The variance IS substantial. 3)for the Applicants to pursue, that does not require the variance. The benefit the Applicants seek CANNOT be achieved through another method, feasible 2)The variance WILL NOT create an adverse impact to the character of the neighborhood. 1)Rye Brook Code, finds: concerned, and upon considering each of the factors set forth at Section 250-13(G)(b)\[2\]\[a\]-\[e\] of the the Board, from the application, after viewing the premises and neighborhood WHEREAS,and Environmental Quality Review Act and accordingly, no further environmental review is required: the proposed action is a Type II action pursuant to the New York State WHEREAS, the public hearing was closed on November 4, 2020; and WHEREAS,those wishing to be heard were given such opportunity; and a duly advertised public hearing was held November 4, 2020, at which time all WHEREAS,and Parcel ID# 135.43-1-5.40; Birch Lane. Said premises being known and designated on the tax map of the Village of Rye Brook - - https://otter.ai Transcribed by using the transcript service to prepare the minutes. So, they're- they're in a different format. So It's four outstanding, the format switch. So, Paula is no longer doing our minutes. And we've been Drew Gamils still have all four, is it three or four that are outstanding? if you sent them, they were a while ago. And I don't remember going through them recently. So, we Drew, can you just comment on the summaries before us? Because my memory is slipping because Don. Yes. Application approved five yeses, zero nays. Congratulations. Don Moscato Yes. Joel Simon Joel? Don Moscato Yes. Jamie Schutzer Jamie? Don Moscato Yes. Glenn Brettschneider Glenn? Don Moscato Yes. Steve Berger Let's go ahead with a vote. Steve. the review of this application. in full all application and consultant fees incurred by the Village in connection with No permit or certificate of occupancy shall be issued until the Applicants have paid 1)- - https://otter.ai Transcribed by Goodnight everyone Drew Gamils I’ll come up with something next time. Don Moscato Have a great night John Scarlato The second meeting is adjourned. Thank you all and enjoy your view of this empire state building Don Moscato Seconded. Glenn Brettschneider So, moved. Jamie Schutzer All right. Thank you. There being nothing else could have motion to adjourn. Don Moscato just got that figured out today. to so that they're easy to follow. And you'll have them next month, so I apologize for the delay. We there's any cleanup needed. And make sure that each they're divided by what application they apply the record, very detailed. But I'm just going to take a look through them. I'm just going to see if They're not summaries. They are word for word transcripts, which is kind of cool to have that in Drew Gamils interpretation. And if something needs to be cleaned up, you can clean them up. them as long as they capture the essence and even use your judicial insight to make that it wouldn't be necessary to tidy them up and do the extra work of retyping them or reformatting Yeah, the way I look at it is that the transcripts capture the essence of what we're trying to do, then Don Moscato sense for the board. to. So, I just got all four today. And so, I'm going to take a look at it and see what makes the most tweak them a little bit and put them back in some format that kind of resembles what we were used we're trying to figure out if it's okay, just to give them to you as the transcript or if I should kind of - - https://otter.ai Transcribed by Bye Michael Izzo Take care. 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