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Board approves variance to legalize patio at 53 Windmill Road after engineer-approved drainage plan
Summary
Represented by Mike Testa, the property owner at 53 Windmill Road received a zoning variance to legalize existing improvements that exceed allowable development coverage (about 850.58 sq ft); the board cited a town-engineer-approved drainage plan and six neighbor support letters.
The North Castle Zoning Board of Appeals voted Aug. 6 to grant a variance for 53 Windmill Road to legalize an existing patio and related improvements that exceed the town's allowable development coverage.
Mike Testa, representing the owner Michael Smith, told the board the property is "850.58 square feet above the allowable, development coverage that was allowed on-site" and that a drainage-improvement plan was prepared and approved by the town engineer and conditionally by the RPRC pending zoning approval. Testa said the owner has a buyer with a closing set for Aug. 15 and that removing the improvements would cost more than $10,000.
Board members asked whether the nonconformity predated the current owner; Testa said the owner added a patio and has implemented the drainage work required by the engineer but could not receive a building permit until the board granted the variance. The packet included six neighbor letters in support and no speakers in the room voiced opposition. After closing the hearing, the board made a motion and approved the variance by roll-call vote.
