BY Erica Schwartz
Over two decades later, one village of Roslyn Harbor resident returned to village hall to object again to his neighbors’ variance request to enable them to build a walk-in closet. This time, however, the neighbors making the request were different people.
Andrew Marks, a Roslyn Harbor resident and oral-maxillofacial surgeon, objected to neighbors’ request for a variance for a sideyard setback at the village of Roslyn Harbor zoning board of appeals meeting on Aug. 14. He said previous homeowners made similar requests, and he objected to those as well.
“25 years ago, they wanted to push out feet onto the easement. I rejected it, and then I objected, but they didn’t build that,” Marks said.
Marks opposed the setback because the cabana the Boyles intended to build would be “visually obstructive.”
According to property records, Neighbors Gerry and Kathleen Boyle purchased their home at 410 Motts Cove South in June 2019. At the Aug. 14 meeting, architect Matthew Korn presented on behalf the variances they Boyles were requesting from the board of appeals.
Peter Albinski, the village’s building superintendent, clarified that the requested 15-foot sideyard setback was not for a cabana but for the house. He told the zoning board that the homeowners wanted to build a “bump-out” on the second floor to accommodate a walk-in closet.
After the clarification, Marks said he was not opposed to the setback due to the difference in structure the Boyles were planning compared to what the previous owners planned.
“Last time, they wanted to do two stories,” he said. “That’s why we said no.”
Craig Padover, chairman of the Roslyn Harbor Zoning Board of Appeals, said he remembered Marks’ prior testimony at the zoning meeting over 20 years ago. He said it was a very similar situation but with a different architect.
“She wanted a larger closet, and he had to figure out how he could do it without infringing on the sideyard,” he said.
Korn said the setback is beyond the 15-foot necessity for accessory structure setbacks under Roslyn Harbor Law, calling it “excessive.”
As for the cabana, Korn said it would be covered by trees and told Marks he would be willing to plant taller trees. He said that in four years, once the trees grow, it will be “impossible” to see anything.
“I understand where he’s coming from; privacy is everything,” he said. “You won’t see this structure.”
In addition to the backyard variance, Korn requested four other variances on behalf of the Boyles. The other variances include an 11.78% lot coverage variance, a 15.1% front yard coverage variance, a 4.3% rear yard lot coverage variance and a 94.9 square foot variance for the cabana.
Padover said he thought the board would be more willing to grant variances for the front yard lot coverage than the rear yard, saying that the rear yard coverage seemed to be a “bit too much.” Board member Peter Toscano agreed with Padover’s statement.
Korn said he would revisit the plan with the homeowners and present the changes at the next zoning board meeting, which Padover said is scheduled for Sep. 11.
