Rye Brook ZBA grants 37-square-foot variance for second-floor addition at 4 Maple Court

The Rye Brook Zoning Board of Appeals voted 3-0 on March 4, 2025, to provisionally grant a 37-square-foot gross floor area variance for a second-floor addition and new balcony at 4 Maple Court.

The variance will allow the property owned by Vivian Nolan and Sonia Patel to exceed the village’s maximum gross floor area of 2,791 square feet for the R-10 zone by increasing the home’s total to 2,828 square feet. The decision was conditioned on the applicants paying in full all application and consultant fees owed to the Village before a permit or certificate of occupancy is issued.

Eric Jacobson, the architect for Vivian Nolan and Sonia Patel, said the homeowners are building a two-story rear addition under an existing permit and sought the small increase for storage space in the attic area above an existing closet. “We’re here to ask for a variance for the FAR,” Jacobson said, describing the house as a slab-on-grade home with no basement and a single-bay garage, which limits storage options.

Board members reviewed the project using the five-factor test in the Rye Brook zoning code and characterized the requested change as de minimis. The record states the board found no adverse impact to neighborhood character or drainage, that the benefit sought could not be achieved through another feasible method, that the variance was not substantial, and that the action was a Type II under the New York State Environmental Quality Review Act, requiring no further environmental review.

The board’s resolution describes the property as being in an R-10 district about 80 feet from the intersection of Beacon Lane and Maple Court, on tax parcel ID 135.66-1-69. The architect told the board the extra 37 square feet is created by raising a rear shed roof slightly to create usable storage space; the exterior elevations shown to the board indicated minimal change to roof pitch and no change to the left and right side elevations. Jacobson noted the rear neighbor is screened by mature planting.

No members of the public indicated opposition at the hearing, and the board reported receiving no written submissions. The final vote was recorded as three yeses, zero nays, with two members excused; board members Glenn, Joel and Don each voted in favor.

Following the variance vote, the board approved the draft meeting summary for February and adjourned. The applicants may not receive a permit or certificate of occupancy until village fees related to this review are paid in full.