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Greenburgh ZBA legalizes side deck at 9 Eastern Road, grants setback variance with conditions
Summary
The Zoning Board approved a variance to legalize an existing side‑yard deck at 9 Eastern Road (case 24‑34), requiring the applicant to obtain required approvals and begin construction within 12 months; the vote was unanimous among the four members present.
The Zoning Board of Appeals voted unanimously to grant a setback variance to legalize an existing side‑yard deck at 9 Eastern Road.
Marissa and Adam Goldberg asked the board to legalize a deck that was not permitted when their title search failed to show the feature. Architect Max Paragia told the board the property is in an R‑7.5 district, measures about 7,500 square feet, and the requested relief is 2.7 feet (proposed setback 3.3 feet where 6 feet is required). Paragia said other zoning metrics — height, square footage and impervious surface — meet the code limits.
Board members asked whether the deck is visible from the street and whether neighbors objected; the applicants said no neighbors appeared in opposition and the board confirmed screening and existing vegetation. A motion to grant the variance included standard conditions: applicant must obtain all necessary approvals and file same with the building department, construction must begin no later than 12 months after the last required approval, and work must conform to the stamped plans dated March 28, 2024 (received Nov. 13, 2024). The motion passed with four ayes.
The board’s written findings, entered into the record, note that the variance will not produce an undesirable change to the neighborhood provided conditions are met, that alternatives were considered but the requested relief was judged reasonable for the property’s configuration, and that the variance is limited to the improvements shown on the submitted plan.
