Zoning Board of Appeals
Regular Meeting
February 7, 2012
7:30 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 7th of February 2012 commencing at 7:30 p.m.
Present
Ronald Alenstein, Chairman
Christopher Bogart, Member
Nicholas Moraglia, Member
John O’ Leary, Member
Also Present
David Turiano, Building Inspector
Absent
Hillary Messer, Member
MINUTES:
Upon motion by Member O’Leary, seconded by Member Moraglia, the Board voted unanimously to approve the minutes of October, 2011 and December 2011 as amended.
V-1-2012 - Elwood 89 Hazelton Circle
A variance was requested because an application for a building permit to construct a one story dining/family addition at the rear of an existing single family dwelling was denied due to nonconformity with Column 9, One Side Yard Minimum Yard Dimension of Schedule 220 Attachment 2:1 of the Code of the Village of Briarcliff Manor.
The following items were marked as Board Exhibits:
- Code Compliance Worksheet dated December 22, 2011
- Application for a variance to the Zoning Board of Appeals by Charles and Carolyn Elwood
- Code of Ethics signed by Charles Elwood dated December 17, 2011
- Affidavit of Publication dated January 19, 2012
- Survey of Property dated January 25, 2012
- Letter from Village Clerk to Charles and Carolyn Elwood dated January 20, 2012
- Building Department letter of denial to Charles and Carolyn Elwood dated December 28, 2011
- Public Works Application dated December 22, 2011
- Building Permit Application dated December 17, 2011
- Architectural Plans dated August 18, 2011
- 22 Certified Mailing Receipts
- Tax Map
- Property Card
DISCUSSION:
Mr. Joseph Sullivan, Architect for the Applicant, stated they were proposing an addition to the rear of the house.
Chairman Alenstein asked if the house was pre-existing, non-conforming.
Mr. Sullivan stated it was and the addition would maintain the same line of the existing house.
Chairman Alenstein asked if the variance could have been avoided entirely by moving it two feet back.
Mr. Sullivan stated moving the addition two feet would create a jog in the room and they would end up with a space that would be too small and would require moving the kitchen window. He stated they were proposing a dining room that would be 13.5 x 11 feet and family room that would be 18 x 13.5 feet.
Chairman Alenstein asked Mr. Sullivan to explain the hardship the applicant was attempting to ameliorate.
Mr. Sullivan stated the home currently had a living room and an eating area off of the kitchen and neither gave the Elwood’s any place for the children to go. He stated they had a half-baked play area.
Mrs. Elwood stated they would like to convert the current play area back into a garage and extend their sunroom straight out.
Member Bogart asked if they received any comments from the neighbors.
Mrs. Elwood stated they sent out the certified letters and didn’t receive any responses. She stated she didn’t feel the addition would negatively impact anyone and would create more privacy through all of the adjoining backyards.
PUBLIC COMMENTS:
There were no public comments.
Upon motion by Member O’Leary, seconded by Member Moraglia, the Board voted unanimously to close the public hearing.
DECISION:
Member Bogart stated the home was already pre-existing, non-conforming and he regarded the two foot variance as insubstantial. He stated it continued with the current line of the house and there were no comments from the neighbors and that he supported the application.
Member O’Leary stated when the increased addition was factored in the home was still well within the maximum Gross Floor Area and he too supported the application.
Member Moraglia stated the addition in essence would be built on top of an existing structure and would be in line with what currently existed. He stated he was in favor of the application.
Chairman Alenstein stated he didn’t see any negative impacts and they may even be an improvement giving more privacy between neighbors. He stated he would vote in favor of the application.
Upon motion by Member Bogart, seconded by Member O’Leary, the Board voted unanimously to approve the application as presented.
ADJOURNMENT
Upon motion by Member O’Leary, seconded by Member Moraglia the Board voted unanimously to adjourn the meeting at 7:45 p.m.
Respectfully submitted by,
Christine Dennett
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