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Rye Brook schedules hearing after HOA seeks to reassign 4,835 sq ft of impervious surface at Kingfield
Summary
The Kingfield Lot Owners Association asked the planning board May 8 to amend a PUD site plan so unused common-area impervious allowance (4,835 sq ft) can be assigned to individual homeowners who expanded patios; the board scheduled a public hearing for June 12, 2025, and requested further input from counsel and staff.
The Village of Rye Brook Planning Board on May 8 set a public hearing for June 12 on a request from the Kingfield Lot Owners Association to amend its PUD site plan and reassign 4,835 square feet of unused impervious-surface allowance from common area to individual homeowners.
The request responds to a situation in Kingfield, a 110-unit community, where 35 homes have expanded patios. Attorney David Gelfarb, representing the association, said the total expanded area for those patios is 3,613.47 square feet — "less than the 4,835 square feet of additional impervious coverage" that the 2018 village resolution authorized to remain in the common area. Gelfarb said the association seeks to allow that unused common-area credit to be allocated to homeowners who already expanded patios or who may do so in the future; homeowners who legalize current expansions would still need to submit applications, pay fees, obtain permits, and resolve outstanding violations.
Engineer Lauren McMahon of Langan Engineering told the board her team compared field measurements of 110 homes against the approved architectural plans and confirmed the 35 homes exceed their approved patio areas by a combined 3,613.47 square feet. McMahon said the range of excess by house runs from about 10.5 square feet up to an outlier of about 450 square feet, with an average expansion roughly 86 square feet (median about 92 square feet).
Board members pressed on fairness, enforcement and technical issues. Several members said they were troubled that homeowners who expanded patios without full village approvals appear to have received an advantage over others who did not. Chairman Rob Goodman said the planning board will seek counsel and staff guidance on the scope of its authority, whether the matter is a minor amendment to the site plan or requires action by the Board of Trustees, and whether stormwater controls or a new SWIP (stormwater pollution prevention) would be needed if more impervious surface is allocated in the future. Goodman moved to schedule a public hearing and the board voted to do so.
Gelfarb and Langan acknowledged that if the board approves allowing allocation of the unused credit, individual homeowners who expanded patios will still be required to legalize their work by paying application fees, submitting plans, obtaining building permits, and resolving any stop-work notices or violations issued by the building inspector. Village staff and counsel said the village will evaluate whether allocation of the credit as proposed alters the stormwater assumptions for the development; if so, the village engineer may require additional stormwater mitigation or studies.
The board adopted a resolution at the meeting scheduling the public hearing for 06/12/2025 at 6:30 p.m. in Village Hall and directed the applicant to comply with section 250-40 of the village code concerning public-notice requirements. Board members emphasized that scheduling a hearing is not approval of the requested swap; rather, it opens the record for public comment and staff/counsel review.
