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Rye Brook board approves license allowing homeowners to maintain entry steps that may encroach on village right-of-way
Summary
The Village of Rye Brook authorized a license agreement allowing the owners of 235 Iron Hill Avenue to maintain entry steps that may encroach into the Iron Hill Avenue right-of-way, subject to zoning and architectural approvals and a termination clause that allows either party to end the license and require removal of the steps.
The Village of Rye Brook Board of Trustees voted to authorize a license agreement permitting the owners of 235 Iron Hill Avenue to maintain a portion of proposed entry steps that may encroach into the village right-of-way.
The board’s resolution, read aloud at the Jan. 14 meeting, authorizes the village to enter a license substantially similar to the draft attached as Exhibit A and conditions the license on the owners obtaining any required permits and approvals, including variances from the Zoning Board of Appeals and review by the Architectural Review Board. The motion passed on a roll call in which Trustee Epstein, Trustee Fisher, Trustee Heizer, Trustee Merlino and Mayor Klein all voted yes.
Village Administrator Chris read the resolution and described the legal and administrative conditions. He told the board the license is “subject to receiving all required permits and approvals from the Village of Rye Brook including but not limited to a, review and approval of the variances, any variances by the Zoning Board of Appeals and b, review and approval by the village Architectural Review Board if necessary.” The owners’ architect, John Anastacio, asked what would happen if construction ultimately placed the steps entirely off village property; in response the Village Engineer (name not specified) pointed to paragraph b of the draft license and said the agreement may be terminated on written notice and that the licensee “shall have a reasonable time to remove the walkway and entry steps from village property, which period shall not exceed 3 months from the date of termination.”
Board members and the architect discussed the likely size of the encroachment; the architect said the platform is probably about 3 feet deep and he matched the number of steps from the existing house, and that the encroachment might be “incrementally a little bit more” or possibly nonexistent once as-built measurements are taken. One board member observed that the sketch attached to the application shows dimensions “to the edge of the porch” and that final dimensions would be established after construction by as-built drawings; if as-built conditions differ substantially from the approved sketch the building department would require the owners to return to the board.
The board also confirmed the administrator is authorized to enter the license and deliver documents necessary to effect the agreement, subject to the conditions already stated in the resolution. During discussion trustees asked staff to ensure the Zoning Board of Appeals and Architectural Review Board reviews occur before final execution if those reviews are required.
The resolution passed unanimously. The board recorded no amendments to the draft license at the meeting and conditioned the authorization on the receipt of any variances or ARB approvals and on the village’s final review of the executed agreement.
