Rye Brook ZBA approves front-entry variance for 235 Iron Hill Avenue

The Village of Rye Brook Zoning Board of Appeals provisionally granted variances on Feb. 4 for a new front entry at 235 Iron Hill Avenue, approving the application filed by Donald and Caitlin Amel by a 3-0 vote.

The board’s action affects a front-entry platform and steps that extend into the village right-of-way. Village Attorney Bob Zitt told the board the applicants obtained a license agreement with the village; that license, adopted by the Board of Trustees by resolution in January 2025, allows the owners to maintain the portion of the entry that encroaches into village property. The board also found the project to be a Type II action under the New York State Environmental Quality Review Act, so no further environmental review was required.

The application asked for two principal zoning variances. The board’s written resolution states the proposed front yard setback would be 0 feet (requiring a front-yard setback variance of 20 feet) and that the proposed front height-to-setback ratio would be 4.0 (requiring a ratio variance of 2.8). Architect John Anastacio said the existing platform edge is about 3.5 feet from the property line and the new platform edge would be about 3 feet; the platform depth will increase to about 4 feet ("We're making it 4 foot in-depth instead of the 3 foot 6 that it currently is," Anastacio said).

Board members and village counsel discussed how the license agreement interacts with a property sale. Zitt told the board that "ordinarily, license agreements don't run with the land" and said the license can be terminable by the village on short notice; he also noted that the license the applicants obtained is contingent on any approvals granted by the ZBA. The board clarified that a variance, if granted, would run with the property but the separate license to occupy village right-of-way typically must be assumed by a subsequent owner and can be revoked under its terms.

The board’s roll call recorded three affirmative votes and two members excused. The resolution grants the variances "provisionally" and places conditions on issuance of permits; the public record as read into the minutes states that "no permit or certificate of occupancy shall be issued until the applicant's" conditions are met, but the transcripted record of the resolution is incomplete on the exact wording of that permit condition (the full condition text is not specified in the meeting record).

The board’s action notes the neighborhood contains similarly nonconforming front-yard conditions along Iron Hill Avenue. Village staff and counsel said the license requires the property owner to maintain insurance and to indemnify the village for incidents on the licensed area; routine monitoring of the structure is not anticipated unless a complaint or incident occurs.

The ZBA closed the public hearing without members of the public speaking for or against the application and approved the variance by roll call (three yes, zero no). The resolution and associated license agreement appear in the village record: Board of Trustees resolution dated Jan. 14, 2025, and a license agreement dated Jan. 21, 2025.

The matter is closed unless the applicants or the village take further administrative steps; any future sale of the property would raise the separate question of whether a new owner must request renewal or assumption of the village license agreement.