Zoning Board of Appeals
Regular Meeting
August 5, 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 5th of August 2008 commencing at 8:00 p.m.
Present
Ronald Alenstein, Chairman
Hillary Messer, Member
John O’ Leary, Member
Stephen Smalley, Member
Also Present
David Turiano P.E., Building Inspector
Absent
Christopher Bogart, Member
V-9-2008 – Mr. & Mrs. David Greco – 9 Aspinwall Road
A variance is requested for an application for a building permit to construct a new single family dwelling is denied due to nonconformity with Column 8A, Front Yard Minimum Yard Dimensions of Schedule 220:A5 and Column 9A, One Side Yard Minimum Yard Dimensions of Schedule 220:A5 of the Code of the Village of Briarcliff Manor for Lots with Buildings with Gross Floor Area More Than 3,500 Square Feet.
The following items were marked as Board Exhibits:
- Code Compliance Worksheet dated June 30, 2008
- Application for a variance to the Zoning Board of Appeals by Mr. & Mrs. Greco
- Code of Ethics dated May 21, 2008 signed by John Giaccio
- Affidavit of Publication dated July 14, 2008
- Letter from Village Clerk to Mr. and Mrs. David Greco dated July 14, 2008
- Building Department letter of denial to David Greco dated June 24, 2008
- 12 Certified Mailing Receipts
- Letter from Myron Solin dated July 28, 2008
- Petruccelli Engineering Drainage Calculations Dated June 24, 2008
Discussion:
Mr. David Greco, applicant explained the application. He stated the last variance granted the home was too expensive to build and the current application is a better fit for the property. He stated the home was pushed back 6 feet to preserve 3 mature trees.
Member Smalley stated he was concerned with runoff from the considerable amount of impervious surfaces.
Member Messer stated the Village had laws dictation 100% of water retention.
Chairman Alenstein noted the last request was for two variances and the current application requested only one.
Public Comments
Ms. Nancy Pine of 25 Aspinwall Road stated she was in support of the proposal. She further stated the proposed home would be nicely situated on the property and if it wasn’t a corner lot they wouldn’t be before the Board. She stated she had concerns about trees but the applicant addressed them.
Upon motion by Member Smalley, seconded by Member O’Leary, the Board voted unanimously to close the public hearing.
Decision:
Member Smalley stated moving the house six feet to save the trees was a good move and he would be in favor of granting the variance.
Member O’Leary stated in light of Ms. Pine’s support he too would support the application.
Member Messer stated moving the house back from its current location was a big improvement and she was in support of the application.
Chairman Alenstein stated they were doing some good by saving the trees and would vote in favor of the application.
Upon a motion by Member Smalley, seconded by Member O’Leary the Board voted unanimously to grant the variance taking into account the application was an improvement from the original application and they will preserve the trees and the open space on the property.
V-10-2008 - Mr. and Mrs. Frank Schettino 184 Tuttle Road
A variance is requested for an application to construct an accessory garage structure to an existing single family dwelling is denied due to nonconformity with Column 9A, One Side Yard Minimum Yard Dimensions of Schedule 220:A5 of the Code of the Village of Briarcliff Manor for Lots with Buildings with Gross Floor Area More Than 3,500 Square Feet.
The following items were marked as Board Exhibits:
- Code Compliance Worksheet dated June 5, 2008
- Application for a variance to the Zoning Board of Appeals by Frank Schettino
- Code of Ethics dated June 5, 2008 signed by Frank Schettino
- Affidavit of Publication dated July 14, 2008
- Letter from Village Clerk to Mr. and Mrs. Schettino dated July 11, 2008
- Building Department letter of denial to Frank & Lynda Schettino dated June 9, 2008
- 7 Certified Mailing Receipts
Discussion
Mr. Peter Cole, architect for applicant, stated the request was approved for a prior client 10 years earlier and his current client would like to build the same garage with one exception. He stated his client would like to turn the loft space into a bedroom.
Member Messer stated there were mature trees that should be preserved and an arborist should oversee the project.
Mr. Cole stated they would be comfortable with that.
Member Smalley asked for an explanation for having a semi-apartment.
Mr. Cole stated it was to give the applicant’s teenage son more space.
Member O’Leary asked if there was any correspondence from any neighbors.
Public Comments
No public comments.
Upon motion by Member Smalley, seconded by Member Messer, the Board voted unanimously to close the public hearing.
Decision
Member Messer stated she was in support of the application as long as a special regard be given during construction to avoid damage to the roots of the trees nearby and the building department or an arborist be consulted if roots were damaged.
Member O’Leary stated he was in support of the application and recommended all the clauses from the Waterhouse application be included in the resolution.
Member Smalley stated he had no problem with the garage but did with the use above the garage. He stated he was not in support of the application.
Chairman Alenstein stated he would vote in favor with the same caveats suggested by Member’s Messer and O’Leary.
Upon motion by Member Messer, seconded by Member O’Leary, with opposition by Member Smalley, the Board voted to grant the variance on the conditions that special regard be given during construction to avoid damage to the roots of the trees nearby and the building department or an arborist be consulted if roots were damaged and the clauses from the Waterhouse application be included in the resolution.
V-11-2008 - Mr. John Ho 309 Elm Road
A variance is requested for an application to construct a deck addition to an existing single family dwelling is denied due to nonconformity with Column 9A, One Side Yard Minimum Yard Dimensions of Schedule 220:A5 of the Code of the Village of Briarcliff Manor for Lots with Buildings with Gross Floor Area More Than 3,500 Square Feet.
The following items were marked as Board Exhibits:
- Code Compliance Worksheet dated September 12, 2007
- Application for a variance to the Zoning Board of Appeals by John & Yuki Ho
- Code of Ethics dated June 12, 2008 signed by John & Yuki Ho
- Affidavit of Publication dated July 14, 2008
- Letter from Village Clerk to Mr. John Ho dated July 14, 2008
- Building Department letter of denial to John Ho dated July 13, 2008
- 14 Certified Mailing Receipts
- Letter from Mary Sedor Whitley dated August 4, 2008
Discussion
Mrs. Ho, applicant, explained her request to add a deck to the back side of her home.
Chairman Alenstein stated the last application was objected to by a neighbor and asked if the deck would be away from them.
Mrs. Ho submitted a letter of support from the neighbor in question.
Member O’Leary stated it was a modest deck and could understand them wanting to enjoy their backyard.
Member Messer stated it was a large but constrained lot and thought that would be the only place to put a deck.
Public Comments
No public comments
Upon motion by Member Smalley, seconded by Member O’Leary, the Board voted unanimously to close the public hearing.
Decision
Member Smalley stated he was in support of the application and it was the most convenient spot to locate the deck and was the least intrusive to the neighbors.
Member O’Leary stated he was in support of the application.
Member Messer stated she was happy the neighbors supported the application and she did too.
Chairman Alenstein stated he was in support of the application.
Upon motion by Member Smalley, seconded by Member O’Leary, the Board voted unanimously to grant the variance.
V-4-2008 - McGarrity 2 Valentine Road
A variance was requested for an application to construct an addition to an existing single family dwelling is denied due to nonconformity with Column 9, One Side Yard Mininum Yard Dimensions of Schedule 220:A5 of the Code of the Village of Briarcliff Manor for lots with buildings with gross floor area less than or equal to 3,500 square feet.
The following items were marked as Board Exhibits:
- Application for a variance to the Zoning Board of Appeals by Margaret McGarrity
- Code of Ethics dated July 8, 2008 signed by Margaret McGarrity
- Affidavit of Publication dated July 14, 2008
- Letter from Village Clerk to Mr. and Mrs. Thomas McGarrity dated July 14, 2008
- 32 Certified Mailing Receipts
Discussion
Member Messer recused herself from the application.
Mr. Bill Sharman, architect for the applicant, stated when the addition was designed a survey from years ago was used. He stated a new survey was done resulting in an increase in the variance by 1.7 feet.
Public Comment
No public comments.
Upon motion by Member Smalley, seconded by Member O’Leary, the Board voted unanimously to close the public hearing.
Decision
Member Smalley stated the application was in good faith and he would be in favor of it.
Member O’Leary stated he was in support of the application.
Chairman Alenstein stated the circumstances were unfortunate and he would vote in favor.
Upon motion by Member Smalley, seconded by Member O’Leary, the Board voted to grant the variance.
ADJOURNMENT
Upon motion by Member Smalley, seconded by Member O’Leary, the Board voted unanimously to adjourn the meeting at 8:50 p.m.
Respectfully submitted by,
Christine Dennett
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