Asphalt Crumble, Board of Appeals Reject Variance Request for Driveway

In a move committee chair Rosanne Underweiser said was rare, the Scarsdale Board of Appeals voted unanimously Wednesday night to reject a variance application for an asphalt driveway at 26 Oxford Road.

The six item agenda was a sure sign the Wednesday night Board of Appeals meeting in Scarsdale would run long. After inclement weather caused the cancellation of the January meeting, it was a night for catching up on backlogged. Member Harold Porosoff was not present.

Homeowner Wayne Aaron’s request for a variance to keep his asphalt car path as-is was unanimously rejected by the committee. Aaron had indicated the car path would be converted to gravel to comply with requirements for a residence addition permit before the Planning Board. Instead, Aaron says he recovered the driveway with asphalt two years ago.

Village Planner Elizabeth Marrinan said she might have been able to help solve his driveway situation had he come to the Board of Appeals with his plan prior to his promise to replace the blacktop drive with gravel before the Planning Board.

Counsel Richard Gardella said the homeowner will now be permitted to submit a new application regarding the situation. Until then, a 600-foot portion of the current driveway is in violation of Village Code. Enforcement decisions are determined by the Building Inspector’s office.

Jamie and Glenn Thaler were granted a variance to construct a 2-story addition to their home at 26 Stratton Road. The Village currently owns the land adjacent to the Thaler property that could have provided a cushion for the required distance on the side yard setback. The Thalers were willing to buy the property to alleviate their situation, but the Village is not interesting in selling at this time, said Building Inspector and Village Engineer Nunzio Pietrosanto.

Chair Rosanne Underweiser said she was inclined to support the variance application because Village-owned lot created such an unusual situation. Listed in Village plans as a "paper road," the adjoining property is not likely to be developed by the Village. Nunzio Pietrosanto, Village Engineer, added that the refusal of the Village to sell the lot had to do with administrative burdens rather than plans for future development.

Contractors will be able to get started on a new swimming pool at 52 Harvest Drive since Betsy and Daniel Polatsch’s petition for a special permit was granted.  

Attorney Doug Siebert asked the committee to hold Stacey and Jeffery Goldfarb’s application for a swimming pool at their 41 Harvest Drive residence until next month.

Discussion had already commenced among the committee members about whether the Goldfarb’s offer to  "improve" the adjoining wetland property with a drainage upgrade was appropriate for the Board of Appeals to consider, especially since the Goldfarbs were proposing a draingage clean-up plan that will require a license agreement with the Village. At that point, Siebert asked the committee to hold their vote until next month. Since committee member Harold Porosoff was not present, the committee granted the Goldfarb’s right to have a hearing before the entire body.

The committee also granted permits for generator installations at 8 Dolma Road and 14 Cooper Road.