ZBA Meeting 11/5/13Page 1 of 3

VILLAGE OF SOUTH NYACK

Zoning Board of Appeals Minutes

November 5, 2013

PRESENT:

Roger Seiler – Chairman

Charles Cross – Member

Bruce Forrest - Member

Richard Holt – Member

ALSO PRESENT:

Robert Knoebel – ZBA Attorney

David Majewski – Building Inspector

Denise Weber-Mishkel – ZBA Secretary

Mr. Seilercalled the meeting to order at 7:30 pm, states that meeting was noticed on 10/25/13. There isonecase before the Board:

  • An appeal by Sean Enright for variances from Article XI, Section 110-11.1, Nonconforming Building and Uses and Table of Use and Bulk Requirements, Schedule 1, Page 2 of the Zoning Law of the Village of South Nyack for variance for distance of principal structure to accessory structure. The premise is single family dwelling located at 10 Cornelison Avenue, South Nyack, NY 10960 and identified on the Tax Map as Section 66.70-1-18.2, located in an RG-6 Zoning District.

Case #1:10 Cornelison Avenue

Appearing:Sean Enright,Owner; Robert Silarski, Architect

Mr. Silarski describes the project which involves constructing a deck off the back of the house. Explains that the garage became part of the property when the lot was subdivided.

There were no members of the public to speak on the application.

Mr. Cross had no problems with the plans

Mr. Holt asked what materials will be used for the deck [Materials will be class A fire rated, fiber cement hardi board].

Mr. Forrest had no questions

Mr. Majewski was satisfied if the materials were fire rated

Mr. Seiler noted that he was less concerned about the distance to an open structure (deck) vs an enclosed structure (house).

Mr. Knoebel questions if whether a variance was granted to the lot during the subdivision. And were there any conditions for the side yard.

Mr.Crossmakes a motion to close the public hearing

Mr. Holt seconds

Board Vote:

Mr. SeilerAye

Mr. CrossAye

Mr. HoltAye

Mr. ForrestAye

Motion approved4-0

The board moved onto deliberations.

Case #1: Enright, 10 Cornelison Avenue, South Nyack, New York 10960

Mr. Seilerstates the finding of facts:

  • The only problem with the deck is that it is within 10 feet of an accessory structure
  • Notes that the structure is being built with fire rated materials
  • The criteria for the variance have been addressed.
  • In the balancing of the benefits, there is a greater benefit to the applicant if the variance is granted than the balance to the village if it were denied.

Mr. Forrest makes a motion approve the application by Sean Enright to build a deck and grant the variances for distance of principal structure to accessory structure. The premise is single family dwelling located at 10 Cornelison Avenue, South Nyack, NY 10960 and identified on the Tax Map as Section 66.70-1-18.2, located in an RG-6 Zoning District.

Mr. Holt seconds

Board Vote:

Mr. SeilerAye

Mr. CrossAye

Mr. HoltAye

Mr. ForrestAye

Motion approved 4-0.

Mr. Forrestmakes a motion to approve the minutes from August 6, 2013.

Mr. Cross seconds

Board Vote:

Mr. SeilerAye

Mr. CrossAye

Mr. HoltAye

Mr. ForrestAye

Motion approved 4-0.

NEW BUSINESS

Board discusses new SEQRA form and Rockland County GIS portal

Mr. Holt makes a motion to adjourn

Mr. Forrest seconds

Board Vote:

Mr. SeilerAye

Mr. CrossAye

Mr. HoltAye

Mr. ForrestAye

Motion approved 4-0.

Meeting adjourned at 9:00 pm.

Respectfully submitted,

Denise Weber-Mishkel

Zoning Board SecretaryApproved: ______