New Rochelle ZBA approves rear-yard variance for second-floor deck at 100 Barberry Lane

The New Rochelle Zoning Board of Appeals on an uncontested vote approved an area variance to allow construction of a second-floor wood deck and exterior stair at 100 Barberry Lane that will result in a 23-foot 11-inch rear yard setback where 27 feet is required. The applicant said the deck provides a second means of egress from the second floor and that the lot's irregular shape makes strict compliance impractical.

Mike Biodi, identified as the engineer of record and applicant, described the proposed deck as approximately 5 feet wide by 27 feet long with a 3-by-3-foot landing and an exterior stair to grade. Biodi told the board the deck would improve life safety and circulation for occupants and that a modest deck already exists at the rear of the house. He cited Chapter 331, Section 4 of the City of New Rochelle zoning ordinance and requested an area variance for the rear setback under that provision.

In discussion, board members focused on the stair landing as the primary element projecting into the rear yard and noted the encroachment was effectively a few feet. A board member said requiring the stair to be removed would push it onto an existing rear patio and that no feasible alternative appeared to provide the required egress without the encroachment. The board found the variance minor in scope, not detrimental to neighborhood character, and necessary to provide a second egress.

The motion to grant the variance (application number 1529-2025) passed on a roll-call vote with all voting members recorded as "yes." No members of the public registered opposition during the hearing.

The board did not attach additional conditions beyond the variance approval. The applicant may proceed subject to any building-permit review and compliance with the conditions of the building department.

The board recorded the approval at the meeting.