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Rye Brook ZBA grants side-yard variance to legalize shed at 10 Boxwood Place
Summary
At its April 1 meeting the Rye Brook Zoning Board of Appeals provisionally granted a 2.6‑foot side‑yard setback variance to legalize a newly constructed shed at 10 Boxwood Place, conditioned on payment of outstanding fees.
The Rye Brook Zoning Board of Appeals on April 1 provisionally granted a 2.6‑foot side‑yard setback variance to homeowners Shubin Ma and Wen He to legalize a newly constructed 10‑foot‑3‑inch shed at 10 Boxwood Place.
The variance resolves nonconformance with the Rye Brook zoning code, which requires a 5‑foot minimum side‑yard setback for detached accessory buildings. The board also found the action to be a Type 2 action under the New York State Environmental Quality Review Act, meaning no further environmental review was required.
Applicant Wen He told the board the prior shed was collapsing and not repairable after a building inspection last year. "The shed was in a very bad condition. We decided to replace it on the same foundation," He said, explaining the new structure reused the existing foundation and framing. He said the new shed is approximately 2.4 feet from the side property line, prompting the 2.6‑foot variance request.
Building Inspector Steve Hughes and board members questioned whether the structure could be moved to avoid a variance. Hughes noted that if the applicant had provided a footing at the corners it would have been possible to comply with the setback. He also explained that structures placed on concrete pads or that exceed certain dimensions require permits and zoning review.
Board members discussed alternatives and noted additional constraints, including the detached accessory‑structure requirement that accessory buildings be at least 12 feet from the primary building; moving the shed inward could have triggered a second variance. One member suggested planting vegetation to reduce the shed's visual impact on the adjacent neighbor, an idea the applicant was asked to consider as a mitigation option.
After closing the public hearing, the board read a resolution that recited the parcel identification, the code section from which relief was sought (Rye Brook zoning code Section 250‑6(b)(1)(h)), and the five statutory factors the board must weigh. The board concluded the requested variance was substantial and self‑created but would not adversely affect the character or physical conditions of the neighborhood when conditioned. The resolution granted the variance provisionally and required payment in full of all application and consultant fees before issuance of a permit or certificate of occupancy.
The board voted to approve the application: three yes, two excused; no nays. The applicant may proceed with permitting after satisfying the stated conditions.
