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Rye Brook Zoning Board provisionally grants variance for rear deck at 226 South Ridge Street
Summary
The Rye Brook Zoning Board of Appeals on May 5 provisionally approved an area variance for Michael and Margarita Tucci to build a rear deck and switchback stairs at 226 South Ridge Street, finding the 6.7-foot setback reduction substantial and self-created but imposing fee-payment conditions; vote 4–0.
The Rye Brook Zoning Board of Appeals provisionally granted an area variance on May 5 for a new rear deck and switchback stairs at 226 South Ridge Street, approving relief from the village rear-yard setback by 6.7 feet in a 4–0 vote with one member excused.
The board’s resolution, entered into the record, identified the property as parcel ID 41.35-2-34 in the R2F zoning district and said the proposed deck would result in a rear-yard setback of 23.3 feet where the code requires 30 feet, a variance of 6.7 feet (22.33%). The board found the action to be a Type II action under the New York State Environmental Quality Review Act and said no further SEQR review was required. The approval was made provisional: no permit or certificate of occupancy will issue until the applicants pay all application and consultant fees related to the village’s review.
Applicant Michael Tucci told the board the change is intended to reduce the steepness of the existing stairs by adding a landing and a switchback configuration. "It's just too steep," Tucci said, explaining he wanted to break the run into two shorter flights rather than keep the stairs as they are. Neighbor Vincent Lions, who lives at 222 South Rich Street, spoke in favor, saying the modification would help Tucci’s elderly parents and urging the board to consider safety: "You got to look out for them first."
During deliberations the board reviewed the five statutory factors for area variances. Members stated the requested variance was "substantial" and self-created but concluded the requested relief would not produce an adverse impact on neighborhood character or on physical or environmental conditions for neighboring properties, and that the applicant had no feasible alternative that met his safety concerns. Those findings were read into the record as part of the board’s resolution.
The resolution referenced provisions of the village zoning code (section 250-25, part G, item three; and section 250-13 G(2) A–E) and recorded the board’s procedural finding regarding SEQR. The board’s approval carries the explicit condition that applicants pay in full all application and consultant fees before the village issues building permits or certificates of occupancy.
The roll call on the motion recorded votes as follows: Steve Fuse, yes; Jamie, yes; Joel, yes; John, yes. Glenn was excused. The board then approved the previous month’s minutes and adjourned.
The application on the agenda was filed as ZBA25-023 by Michael and Margarita Tucci for 226 South Ridge Street. The board’s minutes and the formal resolution provide additional technical details and the fee condition required before issuance of permits.
