Zoning Board of Appeals Minutes
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: ______