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Rye Brook ZBA approves larger deck at 505 Conley Avenue with requirement to reduce driveway impervious area
Summary
The Zoning Board granted variances for expanded deck and impervious coverage at 505 Conley Avenue with conditions: the applicant must resubmit plans removing 150 square feet (approximately 6 feet by 25 feet) of driveway surface before permit issuance; vote was 3-0 with two excused.
The Rye Brook Zoning Board of Appeals on April 1 provisionally approved variances for a deck replacement and related impervious coverage at 505 Conley Avenue, voting 3-0 with two members excused. The approval includes a condition that the applicant resubmit plans removing 150 square feet of driveway surface (described at the hearing as a 6-by-25-foot rectangle) to offset the increased impervious coverage.
Michael Weinberg, the property owner, told the board he has lived at 505 Conley Avenue for nearly 10 years and that the existing deck is deteriorated and needs replacement. “I’ve done everything I can to repair it. Now it really just needs to be replaced,” Weinberg said, adding that a proposed 50-square-foot expansion would increase impervious coverage beyond zoning limits.
Board members pressed the applicant on options to reduce impervious coverage elsewhere on the lot. Members discussed the circular driveway and a rectangular asphalt block that provides additional parking and backyard access. Several members suggested the board could approve the deck if the applicant submitted amended plans removing a portion of the driveway to reduce the net impervious area. Building inspector Steve Hughes said a revised plan showing what will be removed would be required to memorialize the condition.
The board’s resolution cites that the maximum allowable total impervious coverage (per the Ryebrook code language read into the record) is 5,307.28 square feet. The record shows existing and proposed impervious figures used in the board’s calculations and a total impervious coverage variance of approximately 2,251.5 square feet was noted in the resolution; the board characterized the rear-yard setback variance (0.18 feet) as de minimis.
The approval is provisional: no permit or certificate of occupancy will be issued until the applicant pays in full all application and consultant fees and submits revised plans showing removal of the specified driveway area to the satisfaction of the building inspector. The board indicated the applicant may proceed with Architectural Review Board review while the revised plan is prepared and noted the applicant’s intent to maintain construction schedule if the condition is satisfied.
