Rye Brook ZBA approves expanded deck at 505 Comely Avenue with condition to reduce driveway impervious area

The Rye Brook Zoning Board of Appeals on April 1 provisionally approved a variance allowing Michael Weinberg to replace and expand his rear deck at 505 Comely Avenue, subject to submission of revised plans removing 150 square feet of asphalt from a rear driveway area.

The applicant sought relief from the village impervious coverage limits. The board record shows proposed total impervious coverage would be roughly 7,258.5 square feet, exceeding the code maximum (5,307.28 square feet as stated in the resolution). The board and the applicant agreed the applicant would revise plans to remove approximately a 6‑by‑25‑foot segment (about 150 square feet) of asphalt at the rear of the driveway; the removal must be shown on revised plans to the satisfaction of the building inspector before permits are issued.

Michael Weinberg told the board the existing circular driveway and driveway extension were in place when he bought the house and that the property already exceeded impervious coverage. "Due to the size of my property, the size of my driveway ... the house already exceeds the impervious coverage allowed," Weinberg said, noting the deck enlargement sought about 50 additional square feet of deck area.

Board members and Building Inspector Steve Hughes discussed possible offsets to impervious coverage and identified the rear driveway block as the most feasible area to reduce. One member suggested alternatives such as permeable pavers or a grass‑reinforcement system for occasional parking; Hughes said the building inspector would need a revised plan memorializing whatever area is removed and that the change could be made without delaying the application if submitted promptly.

The board read a resolution that recited parcel information and the specific zoning sections at issue (Rye Brook zoning code Section 250‑37 and Section 250‑20(G)(3)). The resolution recorded an existing nonconforming impervious coverage number (7,108.5 sq ft), a proposed total (approximately 7,258.5 sq ft) and a requested impervious coverage variance of approximately 2,251.5 sq ft. The resolution also noted a minor rear‑yard deck setback variance of 0.18 feet (proposed 39.82 feet vs. required 40 feet).

The board imposed a condition requiring revised plans that show removal of 150 square feet (the transcript specifies a 6‑by‑25‑foot block at the rear of the driveway) to the satisfaction of the building inspector; no permit or certificate of occupancy will be issued until all application and consultant fees are paid. The board approved the application 3‑0 with two members excused.