At judge’s order, ZBA to rehear garage application

By THANE GRAUEL

The Lewisboro Zoning Board of Appeals will once again take up a request for a variance to build a 2,160-square-foot commercial accessory garage off Smith Ridge Road.

The request by John Depew of 153 Smith Ridge Road, South Salem, was approved by the board in February, but with modifications that reduced the structure’s height and height of the doors and a side wall. Screening also was required on one side.

After a lawsuit brought by neighbors challenged the board’s decision, a county judge on Oct. 1 nullified that approval and ordered the case to be heard again by the board. The matter is now on the board’s Dec. 16 agenda.

Depew needed a variance because the zoning code only would have allowed a 600-square-foot garage outside the home. It is a 3-acre property in the R2A zone. Depew said he sought the garage to house six classic cars. One of the concerns voiced by neighbors was that because Depew has a tree service the structure might be used for commercial purposes.

Acting Supreme Court Judge Maurice Dean Williams in White Plains ruled that the ZBA was not justified in its decision.

“Upon review of the record that has been provided, the Court finds that Respondent ZBA’s determination is arbitrary and capricious, and the determination has not been found to be supported by substantial evidence in the record,” Williams wrote. “Respondent ZBA makes no findings with regards to the statutory factors beyond a conclusory sentence mimicking the statute as to each factor. These summative statements are echoed in their written determination. Recognizing the Court must give great deference to Respondent ZBA’s experience and authority over zoning decisions for its community, the record fails to support that the ZBA weighed the benefit to Respondent Depew against any adverse impact upon the health, safety and welfare of the community.”

Williams annulled the ZBA’s decision and remitted the matter to the ZBA.