Zoning Board of Appeals
Regular Meeting
June 3, 2008
8:00 p.m.
The Regular Meeting of the Zoning Board of Appeals of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York on the 3rd of June 2008 commencing at 8:00 p.m.
Present
Ronald Alenstein, Chairman
Christopher Bogart, Member
Hillary Messer, Member
John O’ Leary, Member
Stephen Smalley, Member
Also Present
David Turiano P.E., Building Inspector
V-8-2008 – Thomas & Beth Franks – 39 Horsechestnut Road
A variance is required for an application for a building permit to construct a one story porch addition and a two story addition over an existing porch to an existing nonconforming single family dwelling is denied due to nonconformity with Column 8, Front Yard Minimum Yard Dimensions of Schedule 220:A5 of the Code of the Village of Briarcliff Manor.
The following items were marked as Board Exhibits:
- Code Compliance Worksheet dated May 1, 2008
- Application for a variance to the Zoning Board of Appeals by Beth Franks
- Code of Ethics dated April 10, 2008 signed by Beth Franks
- Affidavit of Publication dated May 16, 2008
- Letter from Village Clerk to Mr. and Mrs. Thomas Franks dated May 9, 2008
- Building Department letter of denial to Thomas Franks dated April 9, 2008
- 12 Certified Mailing Receipts
- Letter from Audrey Graham dated May 26, 2008
- Letter from John Manuele dated May 27, 2008
Discussion:
Ms. Mary Faithorn Scott, architect explained the application. She stated the house was built in the 1920’s and was considered preexisting nonconforming. She stated they wanted to enclose the existing porch, add a second story above it and add a small mudroom off of the first floor.
The Board asked what the length and width of the addition were.
Chairman Alenstein requested dimensions be put on any future drawings.
Mrs. Beth Franks, applicant, stated they moved into the Village 6 years ago and would like to stay. She stated they’d like to change their home to allow for an eat-in kitchen and expand the extremely small third bedroom, enabling them to remain in the current home.
Chairman Alenstein asked if other alternatives were considered.
Ms. Faithorn Scott stated the property was very challenged.
Member Smalley asked how the foundation would be shored up.
Ms. Faithorn Scott stated they would build a new one for the addition.
Chairman Alenstein requested the drawings be part of the record.
Public Comments
Ms. Audrey Graham of 28 Horsechestnut Road stated she was concerned with emergency vehicle access to the street and how she would exit her driveway during construction.
The Board had general discussion about access to the street and driveways.
Ms. Faithorn Scott stated it would mostly be small vans and they would make every effort to keep Ms. Graham’s driveway clear.
Ms. Betsy Gross of 49 Horsechestnut Road said the house used to have a room in the same area and the previous owners changed it to a porch around 2000. She offered for the Franks to use her driveway to park vehicles during construction.
Upon motion by Member O’Leary, seconded by Member Smalley, the Board voted unanimously to close the public hearing.
Decision:
Member Bogart stated he was in favor of granting the variance and the applicant made a genuine effort to address the bulk.
Member O’Leary stated there was an indication of a hardship and he supported the application.
Member Smalley stated it was a unique property and the topography didn’t allow for other expansion. He stated the applicant made a genuine effort to mitigate the large mass of the building and he was in favor of the application.
Member Messer stated the addition was in keeping with the character of other homes in the neighborhood and she was in support of the application.
Chairman Alenstein stated he was troubled with the added mass to the appearance from the street but was comforted to hear the home used to have the same mass. He further stated he understood the concerns of the neighbors and during construction cooperation would be needed. He stated he was in support of the application.
Upon a motion by Member Bogart, seconded by Member O’Leary the Board voted unanimously to grant the variance.
ADJOURNMENT
Upon motion by Member O’Leary, seconded by Member Messer, the Board voted unanimously to adjourn the meeting at 8:55 p.m.
Respectfully submitted by,
Christine Dennett
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