HomeMy WebLinkAboutZBA25-015 RECEIVED
SEP -3 2025
VILLAGE CLERK'S OMCE VILLAGE OF RYE BROOK
ZONING BOARD OF APPEALS
ZBA 25-015
RESOLUTION
WHEREAS, application has been made to the Zoning Board by Anthony Cacciola &
Margaret Cacciola (together, the "Applicants' for a variance to legalize the seasonal parking of a
recreational vehicle ("RV") within the front yard setback where Village Code § 189-6.0 requires an RV
to be stored within an enclosed building or garage (l§ 186-6.C(1)(a)) or stored in the rear or side yard of
a lot so long as said RV is entirely situated at a distance equal or greater than the minimum yard setback
requirements from the principal building (�186-6.3C(1)(b)), on property located at 9A Barber Place,
approximately 150 feet from the intersection of Bowman Avenue and Barber Place, in an R2-F zoning
district on the East side of Barber Place, said premises being known and designated on the tax map of
the Village of Rye Brook as Parcel ID No. 141.27-1-35; and
WHEREAS, the Applicants previously obtained said variance for storage of the RV, but now
own a larger RV; and
WHEREAS, the Applicants propose seasonal storage of the RV in the front driveway between
November 1 and April 20 of each year; and
WHEREAS, a duly advertised public hearing was held on September 2, 2025, and continued to
at which time all those wishing to be heard were given such opportunity; 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)(b)[2][a]-[e] of the
Rye Brook Code, finds:
1) The variance ILL 1 ILL NOT create an adverse impact to the character of the
neighborhoo ;
2) The benefit the Applicants seek (AN/CANNOT be achieved through another
method, feasible for the Applicant to pursue, that does not require the variance;
3) The varian(e IShS NOT substantial;
4) The variance WILL4WILL NOT create any adverse impacts to the physical or
environmental conditions of the neighborhood; and
5) The need for the varian 01S; S NOT self-created
NOW, FORE, BE IT RESOLVED that said application is hereby
GRANTE DENIED n 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.
2) An RV may be parked in the front driv tuber 1 and April 20 each
year only.
3) Any RV parked in the front driveway shall be com overe with a properly fitted
RV cove . c ust e well-maintained and shall be a neutral solid color.
r shall include beige, cream, ivo to taupe, grey, brown, and black.
4) The RV shall e
5) The RV shall not o the public right-of-way, nor obstruct the sidewalk.
6) Consistent with the olution of A 20, this Resolution shall only permit the
parking described abo to on April 7, 2035.
Dated: September 3—, 2025
Mr. Don Moscato, Chairman
Mr. Moscato called the roll:
Steven Berger Voting: Aye Nay Abstain
Glenn Brettschneider Voting: Aye l�iay Ak�stairt F�Cc'v$6 D
Jamie Schumer Voting: Aye ✓Nay Abstain
Joel Simon Voting: Aye `, Abstain
Don Moscato Voting: Aye `Nay Abstain
1
Ayes
Nays
Abstain
(3Rn�� Village of Rye Brook DM ,/ JS
IX ��� end SBVi DH
`7 L, ' Zoning Board of Appeals Meeting
V (IJ�i J �
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ILC.C., v �, Tuesday,September 2,2025 at 7:30 PM
-� Village Hall,938 King Street JDS K&B
1. ITEMS:
1.1. ZBA25-014
Jillian Hochfelder
32 Country Ridge Drive
Construct a two-story rear addition,one-story rear addition,interior alterations and
renovations.
Mail Affidavit _ Sign Affidavit
Approvals: Moved Second Abstention
Aye; Nay; Adjournment;
Notes
1.2. ZBA25-015
Anthony Cacciola&Margaret Cacciola
9A Barber Place
Modify the seasonal parking of a recreation vehicle(RV)within the front yard setback.
New recreation vehicle is 37 feet in length.
Mail Affidavit Sign Affidavit
Approvals: Moved > Second Abstention
Aye;_ Nay; Adjournment;
Notes ,G _�S CC-)
2. SUMMARY APPROVALS:
2.1. Zoning Board of Appeals Draft Summary 2025-8-5
Approvals: Moved Second Abstention
Aye; Nay; Adjournment;
Notes
NEXT MEETING:
October 7,2025
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VILLAGE OF RYE BROOK
MAYOR 938 King Street,Rye Brook,N.Y. 10573 ADMINISTRATOR
Jason A.Klein (914)939-0668 Christopher J.Bradbury
www.WebrooUy.gov
TRUSTEES BUILDING& FIRE INSPECTOR
Susan R.Epstein Steven E.Fews
David M.Heiser
Donald T.Krom,Jr.
Salvatore W. Morlino
NOTICE OF HEARING ON APPLICATION
,notice is hereby given that the undersigned has filed an application to appear before the Zoning Board of
Appeals of the Village of Rye Brook.
Application # ZBA25-015
Applicant: Anthony Cacciola& Margaret Cacciola
9A Barber Place
Rye Brook,New York 10573
Applicant Proposes to: Modify the Seasonal Parking of a Recreational Vehicle (RV)
within the Front Yard Setback
At the premises known as 9A Barber Place in the Village of Rye Brook,New York, situated on the east side of
Barber Place, approximately 150 feet from the intersection of Bowman Avenue and Barber Place, designated
and shown on the most current tax map as Parcel ID# 141.27-1-35, the applicant does hereby request a
variance(s) from the following applicable section(s) of the Zoning Ordinance:
5186-6.C. (1) (a) An RV must be stored within an enclosed building or garage.
The applicant proposes seasonal storage of the RV in the front driveway
between November lst and April 20t' of each year.
Therefore, relief from this section is requested.
§186-6.C. (1) (b) An RV must be stored in the rear or side yard of a lot so long as said
RV is entirely situated as a distance equal or greater than the minimum
yard setback requirements for a principal building in the district and
a minimum of five feet from the principal building.
The applicant proposes seasonal storage of the RV in the front driveway
between November 1st and April 2011 of each year.
Therefore, relief from this section is requested.
ZI public hearing on said application will be held before the Village Zoning Board of Appeals on Tuesday,
September 2, 2025, at 7:30 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 Public Meetings &Video link from the Rye Brook website homepage and are available for
review at the Building Department.
Dated: -7.4K-
Christopher J. Bradbury,fillaWClerk
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VILLAGE OF RYE BROOK
MAYOR 938 King Street,Rye Brook,N.Y. 10573 ADMINISTRATOR
iason A. Klein (914)939-0668 Christopher J.Bradbury
www.ryebrookny.gov
TRUSTEES BUILDING& FIRE INSPECTOR
Susan K Epstein Steven E. Fews
Donald Krom
David M.Heiser
Salvatore W. Morlino
August 20,2025
First Notice
Via Mail.
Mr. Anthony Cacciola
9A Barber Place
Rye Brook,NY 10573
Parcel ID#141.27-1-35
Re:Notice of Violation of Village Code §186-6.B. Recreational Vehicles (RV)
Dear Mr. Cacciola,
It has come to the attention of the Building Department that a new,and slightly large RV than was
approved by condition of the Village of Rye Brook Zoning Board of Appeals is now being kept
and/or parked in the front driveway of your property. Be advised,that stipulations of the variance you
received on or about April 7, 2020,were for the previous RV. One of those stipulations was that the
length of the RV would not exceed 32 feet.
Please note that it is a violation of Village Code to park or to allow to be parked an RV in the front
yard or driveway of any residential property within Rye Brook that was not part of the granted variance.
Please arrange to have the RV removed from your property immediately, or an appeal to this decision
may be brought before the Village Zoning Board of Appeals(ZBA) in accordance with Village Code
§186-6.C.(3), and with §250-13 and §250-40. Applications to appear before the ZBA are available at
the Building De p nt or online at http://www.Eyebrookny.gov.
Si cere y
Steven . Fews
Building&Fire Inspector
Tara Orlando
From: Christopher Bradbury
Sent: Tuesday,September 2,2025 6:02 P-M
To: Steven Fews;.Alfredo DiVitto;Tara Orlando
Subject: Fvr Application zba25 015 cacciola
FYI-
For distribution to zba
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From: Hope K<mrshopeklein@gmail.com>
Sent:Tuesday, September 2, 2025 5:59:46 PM
To:Christopher Bradbury<CBradbury@ryebrookny.gov>
Subject:Application zba25 015 cacciola
Dear Chris and board of ZBA. I have know this applicant for many years and he is upstanding resident and excellent
neighbor. He took care of the empty lot way before the townhouse were built and always helped maintain the street
and area for over 25 years .Anthony has alway followed all the rules and never made an instances where his RV was not
properly cared for.alway impeccable and well maintained.He always parked on his driveway and kept it looking neat
and tidy
I was at the last meeting over 10 years ago when he had retained access to park the RV on his driveway .I see no reason
why the village cannot permit this family to continue to park the vehicle on their property.A modification is so rightly
deserved by this family and they are always pristine well maintained and appropriate for being granted this variance .
Sincerely Hope Klein of 81 Bowman ave 914 473 8009
1
Tara Orlando
From: Renee:Meads<reneemeads@icloud.com>
Sent: Tuesday,September 2,2025 6:54 PM
To: Tara Orlando
Subject: 9A Barber A Rye Brook
To whom it may concern,
I do not object to my neighbors RV parked in front of their home. I am very neighborly and it would be nice if the town
would take into consideration our neighbors from surrounding streets have their overnight parking taken away for several
months out of the year inconveniencing them.
Thank you
Renee Meads
9 Barber Place
Rye Brook,NY 10573
1
BUILDING DEPARTMENT D E U E � V E
VILLAGE OF RYE BROOK
938 KING STREET AUG - 1 2025
RYE BRooK,NY 10573
(914) 939-0668 VILLAGE OF RYE BROOK
www.ryebrookny.gov BUILDING DEPARTMENT
APPLICATION TO THE ZONING BOARD OF APPEALS
Application Fee: $400.00 (\eraid • Escrow Fee: $1,000.00 (\*-p"a id Date: CJtIJL�I
Subject Prope Parcel ID#: Zone:
Property Owner: Sdn Address: +'( ,nn
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email:• ' l
Phone#: Cell#: �' 59)P Wo n n, Wry
Applicant: Address:
Phone#: Cell#: email:
Attomey/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 20 & ,whereby the Building Inspector, 'd: Grant: ( )/Deny: ( )
applicant a permit for ec r__7�660a I n -y)C)6-f C-,-) �- h(-)MQ -
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 ( )Setback ( )Other:
In connection with: ( )A Proposed Building ( )An Existing Building
3. Previous Appeal(s); ( )Have ( )Have Not been made with respect to this particular decision of the
Building Inspector, and( )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 Subiect Property
a. A requested variance was ( )Granted/( )Denied on application# dated, for,
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/l/2024
4. Alteration:
If work constitutes an alteration or extension to an existing building, describe briefly:
o N4C)r
5. Construction Cost: What is the estimated cost of the proposed work? $ No w(-)r'K
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:
P �
Au DOE41 M I
B. An Interpretation of the Zonine 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:
2
(Use additional sheets if necessary)
6/l/2024
7. Requested Zoning Appeals:
I. Section of Rye Brook Code: § �-
Zoning Requirement:
l
or
Requested Variance:
c 1
QQ
II
.Section of Rye Brook �Q Code: § C��n
Zoning Requiremen k rn •
.t
6 '►
f
equested Variance:
on
III. Section of Rye Brook Code: §
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/l/2024
8. Item checklist of information from instruction sheet:
HLetter of Disapproval
M Properly Completed & Signed Original Zoning Variance Application
Two (2) Sets of Sealed Plans
(✓) Non-refundable Application Fee of$400.00
( Escrow 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 YORK,COUNTY OF WESTCHESTER ) as:
being duly sworn,deposes and states that he/she is the applicant above named,
(print name of indi ' al 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
for the legal owner and is duly authorized to make and file this application.
(indicate architect,contractor,agent,attorney,etc.)
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.
Sworn to before me this / Sworn to before me this
day"of (kS)' , 20 day of , 20
_Q D A
Notary Public Notary Public
Signature of Property Owner Signature of Applicant
Print Name of Property Owner Print Name of Applicant
SHARI MEULLO
Notary Public,State of New York
No.01ME6160063
Qualified in Westchester County
Commission Expires January 29,20z!?
4
6/1/2024
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Village of Rye Brook Zoning Board of Appeals AUG 2 7 2025
938 King Street VILLAGE. OF RYE BROOK
Rye Brook, NY 10573 BUILDING DEPARTMENT
Re: Application #ZBA25-015 — 9A Barber Place
Dear Members of the Zoning Board,
I am writing to acknowledge receipt of the notice regarding the above application.
Unfortunately. I will be away and unable to attend the public hearing on September 2,
2025. However, I wish to have my concerns formally entered into the record.
I strongly oppose the granting of this variance as it sets a bad precedent and creates
prejudice within the neighborhood. If the Board allows this exception for one property,
it will be increasingly difficult to deny similar requests from other residents, leading to
widespread violations of the existing zoning standards.
In addition, the applicant's previous RV was less of an eyesore because it had a
covering. The current RV, being significantly larger, cannot be covered in the same
way, making it far more visually disruptive to the character of the neighborhood.
I also note that the last variance issued contained specific restrictions, including
prohibitions on certain colors. This new RV includes red coloring, which is clearly in
conflict with those restrictions. Allowing this to stand would undermine the Board's
prior rulings and weaken zoning enforcement in Rye Brook.
Most importantly, the size of this new RV creates a safety hazard. Because of its
height and width, it obstructs visibility for the neighbor at 11 Barber Place, who
cannot adequately see when backing out of their driveway into the road. This poses a
direct danger to both residents and passing traffic.
For these reasons, I respectfully request that the application be denied.
Thank you for your time and consideration.
Since
Michael R. Thompson
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AUG 2 8 2025
Village of Rye Prook Zoning Board of Appeals 938 King Street VILLAGE OF RYE BROOK
Rye Brook, NY 10573 BUILDING DEPARTMENT
Re: Opposition to Application #213A25-015 - RV at 9A Barber place
Dear Zoning Board Member%
I live at eowridge Commons, directly across from 9A Barber place, and I'm writing
because I strongly oppose the request to allow seasonal parking of an RV in the front
driveway.
From my home, I have to look directly at this RV every single day. To be honest, it's a
real eyesore. It sticks out badly compared to the rest of the neighborhood and really
takes away from the overall look of the street. Our community works hard to keep
things looking nice, and having such a large vehicle parked out front for half the year
goes against that.
I also worry about the bigger picture — if this gets approved, what's to stop other
oversized vehicles from being parked in front yards all over? It changes the feel of the
neighborhood and could even affect property values.
I don't mean this personally against my neighbors, but there are other options for RV
storage that don't impact everyone else's view or the character of the neighborhood.
For these reasons, I respectfu((y ask that you deny this app(ication.
Thank you for listening to the concerns of those of us who have to see this every day.
Sincerely,
Sarah Marino
19owridge Commons Rye Brook, NY 10573
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�SEP - 2 2025 August 31, 2025
To Whom It May Concern, VILLAGE OF RYE BROOKBUILDING DEPARTMENT
I am writing as a highly concerned resident of Barber Place regarding the petition to allow the
parking of a large recreational vehicle (RV) in a private driveway, which is currently in violation
of our town's zoning rules. (Application # ZBA25-015)
I strongly oppose granting this exception for the following reasons:
1. Size and Appearance of the New RV
The new RV in question is significantly larger than the previous one owned by these
neighbors. While the old RV was a more neutral beige color and less visually intrusive,
the new one is red and black, making it far more conspicuous and visually disruptive. Its
size and color scheme make it impossible to ignore, and it dominates the appearance of
the property.
2. Safety and Line of Sight
The oversized vehicle will present safety hazards. When parked in the driveway near the
street, it will obstruct visibility for drivers and pedestrians, increasing the risk of
accidents.
3. Impact on Street Parking
The presence of the large RV in the driveway leads to the displacement of the other
household vehicles onto the street, reducing available parking for neighbors and guests.
Street parking on Barber Place is already very limited. Allowing the RV to remain in the
driveway could exacerbate parking congestion in the area.
4. Visual Impact & Neighborhood Aesthetics
The presence of the large RV parked long-term in the residential driveway significantly
detracts from the visual character of our neighborhood. The vehicle is oversized,
obstructs views, and is not in keeping with the look and feel of a well-maintained
residential area. Our zoning regulations were created, in part, to maintain a uniform and
appealing streetscape.
5. Precedent Setting
Allowing one resident to make an exception to this rule opens the door for others to do
the same. Over time, we could see an increase in large vehicles or equipment stored in
driveways, leading to a gradual deterioration of the appearance and cohesion of the
neighborhood.
6. Property Values
Real estate professionals often note that neighborhoods with visible RVs, boats, or
commercial vehicles in driveways can experience diminished property values. Potential
homebuyers may be discouraged by the presence of such large vehicles.
August 31, 2025
7. Storage Alternatives Exist
There are numerous local storage facilities designed for RVs and other large vehicles.
These spaces are secure, designated, and prevent the need to bring these imposing
vehicles into residential neighborhoods. The RV is already stored offsite from late spring
through early fall, indicating that the owners have access to suitable storage. If it can be
parked elsewhere for part of the year, it's reasonable to ask that they continue to store it
there full-time. This would fully comply with existing town rules and eliminate the need
for any exception.
I want to emphasize that I have nothing against RV ownership. However, zoning rules exist to
protect the quality, safety, and appearance of our community. Making exceptions undermines
that purpose.
Thank you for your attention and for considering the impact this decision may have on the
broader neighborhood. I strongly urge the board to maintain the current zoning regulations and
deny this petition.
Sincerely,
A Concerned Resident
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VILLAGE OF RYE BROOK
MAYOR 938 King Street,Rye Brook,N.Y. 10573 ADMINISTRATOR
Jason A. Klein (914)939-0668 Christopher J. Bradbury
www.ryebrooUy.gov
TRUSTEES BUILDING & FIRE INSPECTOR
Susan R.Epstein Steven E. Fews
Donald Krom
David M. Heiser
Salvatore W.Morlino
August 20,2025
First Notice
Via Mail.
Mr. Anthony Cacciola
9A Barber Place
Rye Brook,NY 10573
Parcel ID#141.27-1-35
Re: Notice of Violation of Village Code §186-6.B. Recreational Vehicles(RV)
Dear Mr. Cacciola,
It has come to the attention of the Building Department that a new, and slightly large RV than was
approved by condition of the Village of Rye Brook Zoning Board of Appeals is now being kept
and/or parked in the front driveway of your property. Be advised,that stipulations of the variance you
received on or about April 7, 2020, were for the previous RV. One of those stipulations was that the
length of the RV would not exceed 32 feet.
Please note that it is a violation of Village Code to park or to allow to be parked an RV in the front
yard or driveway of any residential property within Rye Brook that was not part of the granted variance.
Please arrange to have the RV removed from your property immediately, or an appeal to this decision
may be brought before the Village Zoning Board of Appeals (ZBA)in accordance with Village Code
§186-6.C.(3), and with §250-13 and §250-40. Applications to appear before the ZBA are available at
th4Building ep nt or online at http://www.ryebrookny.gov.
SSs
Building&Fire Inspector
�E BRC�k
1982 BUILDING DEPARTMENT
❑BUILDING INSPECTOR
QIXSSISTANT 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
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❑ FIRE SPRINKLER k- �.•;
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DATE: Z' 20 LS RECEIVED BY: a�,ALk P\
LOCATION: { Q to r Ian t�L act-
PARCEL I.D.#: Icd 1 . -L I Zone: R 2-F USE:
OWNER: NV6ori(4 Ca. CC i o Lo.
Address&Phone: `"t A �o..r�j� 1�L a ct-
SOURCE: 'Q N O U !n' M 0 US hone etter/Other:
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