Commission forwards 1891 Carhartt Avenue referral to ZBA over accessory structure, setback and health concerns

The planning commission voted to forward a referral for 1891 Carhartt Avenue to the Zoning Board of Appeals and to include written comments expressing concern about accessory structures shown on the site plan.

Commissioners said plans and the staff memo did not clearly explain an accessory structure located near the property line that some participants described as an "outhouse" and others called more of a bar or tiki bar. One commissioner noted plan measurements showing the structure about 1 foot 6 inches from the property line, well inside the usual 6-foot setback. "I was out there today, and from the neighbor's backyard, you can see the bar in this building," a commissioner said, arguing the placement was too close. Applicant representative Robert McIntyre told the commission the structure "is more a bar than it is an outhouse" and that, to his knowledge, it lacks electrical and plumbing connections.

Commissioners asked staff to request clarifying information for the ZBA, including whether the accessory structure contains plumbing or sanitary connections (which would make it a permitted accessory in some circumstances), whether Westchester County Department of Health approval exists, and the exact setback dimensions. The planning commission voted to send its concerns and a recommendation (asking that the ZBA respect the required 6-foot setback and seek complete documentation) to the ZBA; the commission noted the ZBA retains authority to grant variances but asked that these concerns be considered in ZBA deliberations.