Zoning Board Of Appeals

ZONING BOARD OF APPEALS MEETING AGENDA July 15, 2026 at 7:30 PM 432 Route 306, Wesley Hills, NY 10952 Phone: 845-354-0400 | Fax: 845-354-4097 CALL TO ORDER ROLL CALL CONTINUED PUBLIC HEARING 1. The application submitted by Shimmy’s Enterprises Inc, on behalf of Enoch Kimmelman for variances from the provisions of Section 230-17 Attachment I and Section 230-14L(3) of the Code of the Village of Wesley Hills, to permit the construction, maintenance and use of a pool house, swimming pool, raised deck and fence having side yard for the pool house of 20 feet instead of the minimum required of 25 feet, total side yard of 45.4 feet instead of the minimum required 60 feet, rear yard for the pool house of 15 feet instead of the minimum required 50 feet, impervious surface ratio of .32 instead of the maximum permitted of .25 and a fence height of 9 feet in a side yard, including a retaining wall, instead of the maximum permitted of 6 feet. The subject premises are situated on the west side of Astor Place, approximately 160 feet south of Ardley Place, known as 21 Astor Place, designated on the Tax Map as Section 41.10, Block 1, Lot 53, in an R-35 Zoning District. 2. The application submitted by Shimmy’s Enterprises, Inc. on behalf of Chana Gold for variances from the provisions of Section 230-17 Attachment I of the Code of the Village of Wesley Hills, to permit the maintenance and use of an enlarged porch and walkway having impervious surface ratio of .32 instead of the maximum permitted of .25 and the variance previously granted of .301 and front yard impervious surface ratio of .27 instead of the maximum permitted of .20 and the variance previously granted of .253. The subject premises are situated on the north side of Willow Tree Road approximately 250 feet east of Wilder Road, known as 146 Willow Tree Road, designated on the Tax Map as Section 41.10, Block 2, Lot 47, in an R-35 Zoning District. 3. The application submitted by Gary and Malki Gartenberg for variances from the provisions of Section 230-17 Attachment I of the Code of the Village of Wesley Hills, to permit the construction, maintenance and use of a semicircular driveway having an impervious surface ratio of 26.1% instead of the maximum permitted of 25% and front yard impervious surface ratio of 29.2% instead of the maximum permitted of 23%. The subject premises are situated on the east side of Villa Lane approximately 600 feet north of Ardley Place, known as 8 Villa Lane, designated on the Tax Map as Section 41.10, Block 1, Lot 14, in an R-35 Zoning District. Page 1 of 20  4. The application submitted by Stanley Mayerfeld on behalf of 166 E. Willow Tree Realty, LLC for variances from the provisions of Section 230-17 Attachment I of the Code of the Village of Wesley Hills, to permit the construction, maintenance and use of a single family residence having a front yard of 42.9 feet on East Willow Tree Road instead of the minimum required of 50 feet, 33.6 feet on Route 306 instead of the minimum required of 50 feet, side yard of 19.6 feet instead of the minimum required of 25 feet, impervious surface ratio of .29 instead of the maximum permitted of .25, front yard impervious surface ratio of .30 on East Willow Tree Road instead of the maximum permitted of .20, and building coverage of .15 instead of the maximum permitted of .10. The subject premises are situated on the north side of East Willow Tree Road, 0 feet from the intersection with Route 306, known as 166 East Willow Tree Road, designated on the Tax Map as Section 41.11, Block 2, Lot 1, in an R-35 Zoning District. 5. The application submitted by Stanley Mayerfeld on behalf of Norman Rausman for variances from the provisions of Section 230-17 Attachment I of the Code of the Village of Wesley Hills, to permit the construction, maintenance and use of a single family residence, inground swimming pool and cabana having impervious surface ratio of .344 instead of the maximum permitted of .25, front yard impervious surface ratio of .237 instead of the maximum permitted of .23, building coverage of .132 instead of the maximum permitted of .10, side yard setback for the cabana of 15 feet instead of the minimum required of 25 feet and rear yard setback for the cabana of 15 feet instead of the minimum required of 50 feet. The subject premises are situated on the north side of South Parker Drive approximately 275 feet west of Judith Lane, known as 58 South Parker Drive, designated on the Tax Map as Section 41.18, Block 1, Lot 34, in an R-35 Zoning District. 6. The application submitted by Kim Thomas Sipple on behalf of Tammy Wolchok for variances from the provisions of Section 230-17 Attachment I of the Code of the Village of Wesley Hills, to permit the construction, maintenance and use of an addition to a single family residence and circular driveway having a front yard impervious surface ratio at Camberra Drive of .31 instead of the maximum permitted of .22, building coverage of .12 instead of the maximum permitted of .10 and residence height of 3 stories instead of the maximum permitted of 2.5 stories. The subject premises are situated on the north side of Camberra Drive at the bulb of the cul-de-sac known as 11 Camberra Drive, designated on the Tax Map as Section 41.13, Block 1, Lot 17, in an R-50 Zoning District. APPROVAL OF MINUTES 7. June 17, 2026 ADJOURNMENT Page 2 of 20 120.7' BUILDING MAXIMUM EXPOSED EXISTING FF=530.78' REQUIRED 0.13 PROPOSED S UTILIZE ALL EXISTING UTILITIES 6 3.2' 733 Page 3 of 20 Page 4 of 20 NOTE: SLEEVEIT SYSTEM TO BE USED FOR FENCE INSTALLATION. 4.00' 24" TWO (2) HORIZONTAL : ONE (1) VERTICAL SLOPE, MAXIMUM. 2 1 SILT FENCE, REFER TO ASSOCIATED DETAIL. (IF REQUIRED) (IF INSPECTIONS REQUIRED) "CAMBRIDGE" Page 5 of 20 Page 6 of 20 Page 7 of 20  DEPARTMENT OF PLANNING Dr. Robert L. Yeager Health Center 50 Sanatorium Road, Building T Pomona, New York 10970 Phone: (845) 364-3434 Fax: (845) 364-3435 Douglas J. Schuetz Adam Carsen Commissioner Deputy Commissioner June 18, 2026 Wesley Hills Zoning Board of Appeals 432 Route 306 Wesley Hills, NY 10952 Tax Data: 41.18-1-34 Re: GENERAL MUNICIPAL LAW REVIEW: Section 239 L and M Map Date: 05/11/2026 Date Review Received: 05/28/2026 Item: Norman Rausman - 58 South Parker Drive (GML-26-0286) Variance application to permit the construction of a single-family dwelling with a semi-circular driveway, in-ground pool, and cabana on 0.88 acres in the R-35 zoning district. Variances are requested for total impervious surface ratio, front yard impervious surface ratio, building coverage, side yard, and rear yard. North side of South Parker Drive, approximately 100 feet east of Pilgrim Lane Reason for Referral: Town of Ramapo The County of Rockland Department of Planning has reviewed the above item. Acting under the terms of the above GML powers and those vested by the County of Rockland Charter, I, the Commissioner of Planning, hereby: Recommend the Following Modifications 1 Permitting development that does not comply with the applicable bulk standards can set an undesirable land use precedent and result in the overutilization of individual sites. The proposed building coverage exceeds the maximum permitted standard by 23 percent; the maximum impervious surface standard is exceeded by 38 percent. We caution the Village to consider precedent before granting substantial variances for building coverage and impervious surface ratio. These two bulk standards, in particular, can define neighborhood community character. Granting building coverage and impervious surface ratio variances of great magnitude will set a precedent that may result in nearby property owners seeking the same relief. Oversized residential structures and increased impervious surface area is resulting in neighborhoods characterized by greater building mass and less green space. The Zoning Board of Appeals must consider the cumulative and community impacts of permitting such development when evaluating the requested variances. 2 As per their letter of June 16, 2026, an application must be made to the Rockland County Department of Health for review of the storm water management system for compliance with Article XIX (Mosquito Page 1 of 3 Page 8 of 20 Norman Rausman - 58 South Parker Drive (GML-26-0286) Code) of the Rockland County Sanitary Code. 3 A review must be completed by the Rockland County Sewer District No. 1, any comments or concerns addressed, and all required permits obtained. 4 The Town of Ramapo is the reason this proposal was referred to this department for review. The municipal boundary is approximately 295 feet south of the site. The Town of Ramapo must be given the opportunity to review the requested variances and provide any concerns regarding intercommunity and countywide considerations related to the project to the Village of Wesley Hills. 5 The project narrative indicates that the proposed single-family residence will include a guest suite. This term is not defined in the Village's zoning regulations and no other information or floor plans were provided. The Village must be assured that this guest suite does not meet the Village's definition of a dwelling unit. 6 We commend the applicant for the use of pervious pavers for the walkway at the front of the proposed residence. To help further reduce the impact of this development, reduction of impervious surface should be considered in other areas of the proposal. If installed correctly and properly maintained porous pavers have been shown to be effective in helping manage off-site runoff of stormwater. In addition to permeable pavers, other green infrastructure techniques should be considered such as bioswales, rain gardens, and rainwater capture. For long term effectiveness of permeable pavers and other green infrastructure techniques it is recommended that the Village and the applicant review Chapter 5 ‘Green Infrastructure Practices’ of the 2015 NYSDEC Stormwater Design Manual. 7 Pursuant to General Municipal Law (GML) Section 239-m and 239-n, if any of the conditions of this GML review are overridden by the board, then the local land use board must file a report with the County Commissioner of Planning of the final action taken. If the final action is contrary to the recommendation of the Commissioner, the local land use board must state the reasons for such action. 8 In addition, pursuant to Executive Order 01-2017 signed by County Executive Day on May 22, 2017, County departments are prohibited from issuing a County permit, license, or approval until the report is filed with the County Commissioner of Planning. The applicant must provide to any County agency which has jurisdiction of the project: 1) a copy of the Commissioner report approving the proposed action; or 2) a copy of the Commissioner of Planning recommendations to modify or disapprove the proposed action, and a certified copy of the land use board statement overriding the recommendations to modify or disapprove, and the stated reasons for the land use board’s override. 9 The following additional comment is offered strictly as an observation and is not part of our General Municipal Law (GML) review. The Board may have already addressed this point or may disregard it without any formal vote under the GML process: 9.1 The site plan drawing depicts proposed improvements overlain with existing site elements, underground utilities, erosion controls, and existing and proposed grades making it difficult to read. Separate drawings should be provided, distinguishing the existing site conditions from the final disposition of the site, to allow for an appropriate review of the proposal. Douglas Schuetz Commissioner of Planning Page 2 of 3 Page 9 of 20 Norman Rausman - 58 South Parker Drive (GML-26-0286) cc: Mayor Marshall Katz, Wesley Hills Rockland County Department of Health Rockland County Planning Board Rockland County Sewer District No. 1 Town of Ramapo Planning Board Paul Gdanski, P.E., PLLC *New York State General Municipal Law § 239(5) requires a vote of a 'majority plus one' of your agency to act contrary to the above findings. The review undertaken by the County of Rockland Department of Planning is pursuant to and follows the mandates of Article 12-B of the New York General Municipal Law. Under Article 12-B the County of Rockland does not render opinions nor determines whether the proposed action reviewed implicates the Religious Land Use and Institutionalized Persons Act. The County of Rockland Department of Planning defers to the municipality referring the proposed action to render such opinions and make such determinations as appropriate under the circumstances. In this respect, municipalities are advised that under the Religious Land Use and Institutionalized Persons Act, the preemptive force of any provision of the Act may be avoided (1) by changing a policy or practice that may result in a substantial burden on religious exercise, (2) by retaining a policy or practice and exempting the substantially burdened religious exercise, (3) by providing exemptions from a policy or practice for applications that substantially burden religious exercise, or (4) by any other means that eliminates the substantial burden. Pursuant to New York State General Municipal Law §§ 239-m and 239-n, the referring body shall file a report of its final action with the County of Rockland Department of Planning within thirty (30) days after the final action. A referring body that acts contrary to a recommendation of modification or disapproval of a proposed action shall set forth the reasons for the contrary action in such report. 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