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Zoning board approves rear porch and deck at 4 Jennifer Lane with conditions
Summary
The Rye Brook Zoning Board of Appeals on June 3 granted two variances allowing a roofed rear porch and open wood deck at 4 Jennifer Lane, approving reduced rear-yard setback and increased principal building coverage with conditions that the structure not be enclosed or built upon.
The Rye Brook Zoning Board of Appeals on June 3 granted variances requested by John and Diana Berardi to build a roofed rear porch and an open wood deck at 4 Jennifer Lane, approving the application by a 4–0 vote with one member excused.
The board granted an 8.1-foot rear-yard variance (reducing the required 30-foot rear setback to 21.9 feet) and a variance for principal-building coverage because the covered portion of the deck counts as building area under the code. The board’s resolution, read into the record at the close of the public hearing, made the action a Type 2 action under the New York State Environmental Quality Review Act, and included conditions that the deck structure not be enclosed and that no building be erected on top of the approved roofed porch.
Applicants’ architect Mark Mostacatto told the board the rear yard is steep and shallow and cannot be used safely for outdoor entertaining without regrading that would increase impervious surface. The design approved by the board provides a level, elevated deck for dining and seating while minimizing disturbance to existing contours. The proposed open deck area measures about 14 by 15 feet and the roofed area is approximately 14 by 18.5 feet, according to the applicants’ presentation.
Neighbors who spoke in favor described the change as modest and not intrusive. Alex Sighetti, a neighbor at 2 Jennifer Lane, told the board the proposal would not threaten privacy or drainage for adjacent lots. Christine Minahan of 3 Jennifer Lane, another neighbor, said she supported the applicants and added a lighthearted note that approving the deck would reduce the number of times neighbors are invited to driveway parties.
The board found the requested relief met the statutory factors for an area variance but noted the variances are substantial and the need for relief is self-created; the resolution lists those findings and grants the application provisionally. The board required the applicants to pay all application and consultant fees before any permit or certificate of occupancy is issued and imposed the non-enclosure and non-build-on-top conditions to limit future expansion.
Next steps: the applicants may proceed to obtain building permits subject to the conditions in the resolution and full payment of review fees; because the action was classified as SEQR Type 2, no further environmental review was required under state rules.
