Planning board leaves public hearing open on Kingfield/The Arbors impervious‑surface swap as neighbors debate fairness

The Rye Brook Planning Board left the public hearing open on June 12 for an application that would swap up to 4,835 square feet of impervious‑surface coverage from common areas into homeowners’ lots in the Kingfield/The Arbors development, after a lengthy public discussion about equity, enforcement and stormwater impacts.

The application seeks an amendment to the original PUD/site‑plan approvals so the homeowner association (HOA) can allocate unused impervious‑surface allowance to individual homeowners who previously expanded patios, driveways or other exterior areas without fully permitted approvals. Neighbors and board members spent more than an hour debating whether the planning board should approve such a swap or require the HOA to produce a fair allocation plan first.

Jim Lombardo, president of the HOA, said many patio expansions took place before a resident HOA board was established and described the situation as a legacy of early developer activity; he urged a practical fix so homeowners with existing unpermitted work can pursue legalization without losing a sale or title transfer.…