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Rye Brook ZBA provisionally grants variance to legalize shed at 10 Boxwood Place
Summary
The Rye Brook Zoning Board of Appeals voted 3-0 to provisionally grant a 2.6-foot side-yard setback variance to legalize a newly constructed 10-foot-3-inch shed at 10 Boxwood Place, subject to payment of village review fees and other conditions.
The Rye Brook Zoning Board of Appeals on April 1 provisionally granted a variance to legalize a newly constructed detached shed at 10 Boxwood Place, voting 3-0 with two members excused.
The board voted to allow the 10-foot-3-inch shed to remain approximately 2.4 feet from the side property line — a departure from the Ryebrook zoning code’s five-foot minimum for detached accessory buildings — and thus approved a variance of 2.6 feet. The approval is subject to conditions, including payment in full of all application and consultant fees before a permit or certificate of occupancy will be issued.
The variance request came after owner Wen He told the board she replaced a collapsing shed on the existing foundation last August after the building inspector noted the original structure was unsafe. “I’m the owner of 10 Boxwood Place. And today, I’m here to request to legalize the shed,” He told the board, adding that she reused the prior foundation and framing when she installed the replacement and that the new structure measures about 120 square feet.
Board members discussed alternatives, including whether the shed could be moved to avoid a variance and whether moving it would trigger additional zoning requirements because of proximity to the primary building. Building inspector Steve Hughes told the board that a permit is required when an accessory structure exceeds certain size or siting thresholds and that the current placement required review.
Board members said they weighed the fact that the shed replaced a long-standing structure on the property against zoning standards. One member suggested visual screening as a mitigation measure: increasing vegetation along the neighbor’s property so the shed would not be visible. With no public speakers in favor or opposed and no written objections submitted, the board closed the public hearing and approved the application with the stated conditions.
The board read a resolution documenting the required findings under the Rye Brook Zoning Code and stating the board’s determination that, after considering the code factors, the requested variance would not create an adverse impact. The resolution also states that the action is a Type II matter under the New York State Environmental Quality Review Act and therefore requires no further environmental review.
Application status: provisionally granted with conditions including payment of village review fees and consultant costs; no permit or certificate of occupancy will be issued until conditions are met.
