Planning board schedules public hearing after lengthy debate over Kingfield impervious-surface swap

The Village of Rye Brook Planning Board on May 8 scheduled a public hearing for June 12 on a Kingfield Lot Owners Association application that seeks to reallocate 4,835 square feet of unused common-area impervious surface so homeowners can expand patios, decks or other hard-surface features.

David Gelfarb, attorney for the Kingfield Lot Owners Association, said the association asked the village to "assign or to swap the unused 4,835 square feet that is allocated to the common areas to instead be used by individual homeowners," noting the development has 110 units and that 35 homes are currently out of compliance with an earlier resolution's limits on deck expansions. Gelfarb told the board his office and the association's engineer prepared drawings and a chart showing the expanded areas per unit.

Gelfarb and his engineer, Lauren McMahon of Langan Engineering, told the board their survey of the 110 units found varying overages; McMahon said the median overage is 92 square feet and the average expansion is about 86 square feet, with three homes over 200 square feet and one outlier near 450 square feet. McMahon said her team compared field measurements to the approved architectural plans across 18 unit types and that the reconciliation was "no easy feat."

Board members pressed the applicant about how the association would allocate the available square footage and whether approving the swap would unfairly reward homeowners who already expanded patios without full village approvals. Chairman Rob Goodman and other board members said the core question before the planning board is whether the requested change is a "minor amendment" to the PUD site plan or a change that should be handled by the Board of Trustees or otherwise require more extensive review.

Members raised concerns about equity for homeowners who followed the rules, the role of the developer/sponsor in early decisions and the HOA's internal governance. Several homeowners spoke at the meeting: one homeowner who bought in 2022 said they relied on due diligence and a certificate of occupancy and expressed concern about potentially having to remove a patio; another homeowner said they had sought and received HOA approval before building a patio and were surprised they also needed village approval. One speaker urged the board to visit the site in person to understand the configuration of common area and backyards.

Village staff and counsel flagged procedural and technical issues the board will need to resolve before any final action: whether the planning board has authority to require a specific allocation plan by the HOA, whether Board of Trustees approval or further engineering (for stormwater—"SWIP" or similar study) would be required if additional impervious is allocated in practice, and whether fines and permits will still be required for existing violations. Public works staff cautioned that additional impervious could trigger stormwater-management requirements and potential infrastructure work; the applicant acknowledged that homeowners who are nonconforming will still need to address permits and fines and that the swap is not an amnesty.

After extended discussion, the board adopted a resolution directing the applicant to comply with village code notification requirements and set a public hearing for 06/12/2025 at 6:30 p.m. at Village Hall. The motion passed by recorded vote: Scott Mendelson — yes; Jeff Richmond — yes; (record shows other members voted yes) Chairman Rob Goodman — yes.

Board members said they will seek counsel and staff guidance in the intervening month on the board's authority, possible scope for allocation plans, stormwater implications and whether the matter should be elevated to the Board of Trustees. The public hearing will provide homeowners an opportunity to present additional evidence and comment.