Village of Dering Harbor
Architectural Review Board
Minutes DRAFT

June 14^th, 2025, 11:00 AM 

• The meeting was called to order at 11:02am

• Attendance- Rob Ferris (chairperson), Stephanie Deutsch, George Birman, Kay Lawson, Melinda Carroll; Wayne Bruyn (village attorney), Vicki Shields (village clerk), Donna Ritzmann (stenographer)

• A motion to accept the minutes from the April 26^th, 2025 meeting was made by Kay and seconded by Stephanie. All Board members voted in favor.

• New Business

Request for renewal of ARB approval in connection with the following application:

Submitted by Vincent Falotico Architecture, PC (Greg Lombardi Design, Inc.)
34 Sylvester Associates LLC & Shelter Waterfront Associates LLC (property owner)
SCTM# 701 – 1 – 1– 12  &  701 – 1 – 1 – 11
Street Address: 3 Sylvester Road and C1 Sylvester Road, Dering Harbor

For renovations of boathouse and landscape improvements including stair replacement and planting.

Kay Lawson recused herself.

Wayne explained that the Board had received a letter from the applicant requesting a renewal of their ARB approval, which they had received last year but had expired because their building permit had not been issued. They were waiting for a letter from the NYSDEC, which they finally received in May of this yer. Wayne went on to explain what is in the code regarding the expiration of ARB approvals. He also explained what the Board needs to consider regarding this matter. There were no changes in circumstance.

A motion to reapprove the application was made by Rob and seconded by Stephanie. All Board members voted in favor.

• The board discussed streamlining the request for extension and re-approval process, should they have an instance like this in the future. A motion to accept the following resolution was moved by Stephanie and seconded Kay. All Board members voted in favor.

WHEREAS, §230-64C of the Zoning Law permits the Chairperson to classify an application referred to the Architectural Review Board as either “nonsubstantial construction” where the application is reviewed and approved by a Committee of one member of the Board, or “substantial construction” where the application is reviewed by the full Board after a public hearing with notice; and

WHEREAS, §230-67C of the Zoning Law provides that the approval of the Architectural Review Board shall expire 120 days from the date of the approval of the application unless a building permit has been issued or an extension granted; and

WHEREAS, the ARB finds that the grant of extension or re-approval is typically granted where the Applicant can provide a reasonable explanation for the delay in obtaining a building permit and a finding can be made that there has been no change in circumstances related to the review and approval of the application, to wit:  (a) there have been no changes to the application; (b) there have been no changes to the conditions of the neighborhood; (c) there have been no changes in the Code or regulations that would impact an application; (d) there have been no changes in the Design Guidelines that would impact the approval of the application; and (e) a significant period of time has not passed since the expiration of the approval (i.e. two years).

NOW, THEREFORE, BE IT RESOLVED, that, as a matter of policy, the Architectural Review Board of the Village of Dering Harbor hereby authorizes the Chairman, or a Board member so designated by the Chairman, to review and approve requests for an extension of an un-expired approved application or requests for re-approval of an expired approved application, provided such request conforms with all applicable provisions of the Zoning Law, including payment of applicable fees, and that a finding is made that there are no such change in circumstances with such application as described herein.

• Next meeting date- Saturday, July 12th, 11am

• A motion to adjourn at 11:12am was moved by Kay and seconded by George. All Board members voted in favor.