Village of Dering Harbor
Zoning Board of Appeals
Minutes
June 14th, 2025, 8:00 AM
● The meeting was called to order at 8:02am.
● Attendance- Alex Jackson (chairperson), Meredith Jenkins, Margarita Benacerraf, Kay Lawson; absent- Devon Cross; Vicki Shields (village clerk), Wayne Bruyn (village attorney), Donna Ritzmann (stenographer), Katherine Baurs-Krey, Kriegsman PC (representing Susannah and Brandon Rose), Amy Failla, Frankie Failla, Ingui Architecture (applicant’s architect), Sam Ashner, Ari Benacerraf, Mary Walker
● A motion to accept the minutes from the April 20th, 2024 meeting was moved by Meredith and seconded by Kay. All Board members present voted in favor.
● New Business
1. A motion to open the Public Hearing on the following application was moved by Meredith and seconded by Kay. All Board members present voted in favor.
Application of 21 HARBOR LANE LLC for variances from the provisions of (1) §230-21A(3) and §230-21B(4) in order to permit the construction of a new gravel driveway and parking area with Belgium block apron and curb extending off of the existing driveway/right-of-way serving as access to 23 Harbor Lane with a 13’6” setback from the northerly property line where a driveway must be setback 25’ and a parking area setback 30’; (2) §230-37 in order to permit the enclosure of an existing porch attached to the dwelling and replacement of an outdoor shower with hot/cold supply hand shower with a setback from the northerly property line of 28’8” where 30’ is required; (3) §230-9B(7) and §230-37 in order to construct an outdoor shower attached to the northerly side of the existing garage 12’5” from the northerly property line and 17’8” from the easterly property line where 30’ is required; (4) §230-9B(7) and §230-37 in order to maintain the existing HVAC condensers within an fenced enclosure along the northerly side of the existing dwelling approximately 24’6” from the northerly property line where 30’ is required; and (5) all other necessary relief on a nonconforming 30,135 sq.ft. parcel of land located on northeasterly corner of Harbor Lane and Dering Lane in the B-Residential District known as 21 & 21A Harbor Lane and designated as SCTM#s 0701-001.00-02.00-002.000 & 003.000.
Before beginning, Wayne reminded the board that he provided them a worksheet which they can use to take notes.
Amy Failla (Ingui Architecture) approached the board to give her presentation. She informed the Board that her client had phoned in to listen to the meeting. She went on to present the Site Plan and explained that she had lumped the HVAC units, outdoor shower, and enclosed porch as “non-substantial.” The porch already exists with perforated materials. The HVAC units and outdoor showers are not visible from the road. She pointed them out on the plan. She explained that the previous owners had received a variance for the HVAC units, which was then rescinded. Wayne explained the circumstances surrounding that. Amy showed where the proposed new outdoor shower will be located. She went on to discuss the driveway. She disagrees with a letter from a neighbor’s attorney. The biggest point of the letter is the use of the easement. To be clear, they don’t plan on using the easement as a driveway. They are planning to use it as a right-of-way. The purpose of the driveway is to provide access to the area of the house the owners plan on using. It will be used for a car to park there. In terms of if the driveway could be located elsewhere, this was discussed at the ARB presubmission and according to Amy, it was really a non-starter for them. The ARB did acknowledge that parking is a challenge on this road. Amy also pointed out that if they were to locate the driveway 25’ from the property, it would preclude them from replacing the septic system. Wayne explained that since it is both a driveway and parking area, that is why the 30’ setback applies. Wayne suggested the applicant submit to the ZBA the parking alternatives that they had presented to the ARB at their presubmission.
Kay asked if the applicant is in need of the two additional parking spots, or would it be for guests. She said it would be for guests. Meredith asked which parking area would the homeowners use most. She said probably the proposed new parking area. Kay asked if the septic area could be moved. She said what is being proposed is where the current septic is. Alex asked if the radius of the proposed driveway is ample enough for the use without needing to drive onto the neighbors property. Wayne suggested the applicant demonstrate that the turning radius is ample. Amy noted where the neighbors driveway is, which is very close to the property line. She said there is also precedent for providing relief in these instances. Wayne asked for specifics and she said 16 Harbor Lane. The board suggested the architect provide the specific examples of when relief has been granted for similar situations.
Public comments:
1. Katherine Baurs-Krey (attorney for the Rose’s) said she was happy to hear the applicant had retained counsel and will be reaching out to them on Monday to discuss the easement aspect of the application. She kept her comments brief, explaining that additional parking for guests is not a reason to place a parking area 13’ from her client’s property line. She referenced the letter dated 6/10/25 she had submitted to the board.
2. Sam Ashner commented as a neighbor that he is in favor of the proposed design and thinks the proposed parking area is an elegant solution to the difficult parking area that exists in this area of the village.
Wayne explained what the various next steps could be. Alex suggested that the public hearing be kept open. Meredith asked if some of the items they are seeking relief from could be separated. Wayne asked the Rose’s attorney if her client would be opposed to that. She said they are not.
Amy Failla asked if the variance request for items 2, 3, and 4 could be separated from item 1 and voted on.
A motion to keep the hearing open on item number 1 and adjourn until the July 12th ZBA meeting was moved by Kay and seconded by Meredith. All Board members present voted in favor.
A motion to approve items 2,3 and 4, as stated in the following resolution, was moved by Kay and scended by Meredith. All Board members present voted in favor. Motion passed.
WHEREAS, the Zoning Board of Appeals is in receipt of an application of 21 HARBOR LANE LLC for the following area variances on a nonconforming 30,135 sq.ft. parcel of land located on northeasterly corner of Harbor Lane and Dering Lane in the B-Residential District known as 21 Harbor Lane and designated as SCTM#s 0701-001.00-02.00-002.000 & 003.000:
(1) §230-21A(3) and §230-21B(4) in order to permit the construction of a new gravel driveway and parking area with Belgium block apron and curb extending off of the existing driveway/right-of-way serving as access to 23 Harbor Lane with a 13’6” setback from the northerly property line where a driveway must be setback 25’ and a parking area setback 30’;
(2) §230-37 in order to permit the enclosure of an existing porch attached to the dwelling and replacement of an outdoor shower with hot/cold supply hand shower with a setback from the northerly property line of 28’8” where 30’ is required;
(3) §230-9B(7) and §230-37 in order to construct an outdoor shower attached to the northerly side of the existing garage 12’5” from the northerly property line and 17’8” from the easterly property line where 30’ is required; and
(4) §230-9B(7) and §230-37 in order to maintain the existing HVAC condensers within an fenced enclosure along the northerly side of the existing dwelling approximately 24’6” from the northerly property line where 30’ is required.
WHEREAS, by decision dated March 7, 2020, variances were granted to legalize the existing HVAC condensers subject to submission if an up-to-date survey depicting the setbacks that were advertised; and
WHEREAS, the setbacks on the updated survey were not as advertised and the ZBA by resolution dated September 19, 2020 rescinded the decision subject to submission of a revised application; and
WHEREAS, the current application includes a request to legalize the HVAC condensers, and a public hearing was held on June 14, 2025; and
WHEREAS, the owners of 23 Harbor Lane, which abuts the subject premises and benefits from a driveway easement crossing the premises, appeared by counsel and objected to the variances necessary for the construction of the new driveway/parking area utilizing the driveway easement, but expressed no objections to all other requested variances; and
WHEREAS, the applicant requested the Board consider the remaining variances (numbered 2, 3 & 4 above) while holding any action on the request for the variances necessary for the construction of the new driveway/parking area utilizing the driveway easement in abeyance and subject to further proceedings; and
WHEREAS, upon considering and balancing all relevant factors in accordance with the Zoning Code and §7-712-b(3) of the Village Law, this Board finds and determines that the remaining variances (numbered 2, 3 & 4 above) are warranted.
NOW, THEREFORE, BE IT RESOLVED, that the public hearing on the remaining variances (numbered 2, 3 & 4 above) be and hereby is closed and that public hearing on the variances necessary for the construction of the new driveway/parking area utilizing the driveway easement (number 1 above), be and hereby is adjourned to July 12, 2025 for all purposes; and
BE IT FURTHER RESOLVED, that application of 21 HARBOR LANE LLC for variances from the provisions of (a) §230-37 in order to permit the enclosure of an existing porch attached to the dwelling and replacement of an outdoor shower with hot/cold supply hand shower with a setback from the northerly property line of 28’8” where 30’ is required; (b) §230-9B(7) and §230-37 in order to construct an outdoor shower attached to the northerly side of the existing garage 12’5” from the northerly property line and 17’8” from the easterly property line where 30’ is required; and (c) §230-9B(7) and §230-37 in order to maintain the existing HVAC condensers within an fenced enclosure along the northerly side of the existing dwelling approximately 24’6” from the northerly property line where 30’ is required, are hereby granted.
● Next meeting date (if needed)- July 12th, 2025
● A motion to adjourn at 8:44am was moved by Kay and seconded by Meredith. All Board members present voted in favor.