Planning Commission OK's "Bulky House" Zoning Changes: Now It's Up to the Village Board

by Judy Silberstein

Draft "Code Revisions for Bulky Houses" in PDF Format

(April 16, 2003) In a continuation of last week’s session on “bulky houses,” the Village of Larchmont Planning Commission spent Monday night on a line-by-line review of proposed changes to the zoning code. Planning consultant Joe Ferrucci, from the firm of Phillips Preiss Shapiro Asoociates, guided the discussion and made liberal use of a flip chart and magic markers to illustrate how changes in definitions and setback requirements might impact what could be built on a lot.

“For the most part, we were in agreement with the major items recommended by the consultant,” said Commission Chairperson Syrette Dym Grant. “There were several areas of concern that we grappled with and came up with the best solutions we could given the short time frame we had.” Though not all members agreed on all points, by the end of the evening, the Commission did approve a draft of the revised zoning code.

The meeting, which was being taped by LMC-TV, went late into the night, as the Commission strove to complete its review in time for the Village Board to consider the revisions and hold public hearings before a moratorium on related zoning variances expires on May 1.

The Commission's work received praise from Village Board members. “It was a terrific and informative meeting,” declared Trustee Marlene Kolbert. “It gave me an appreciation and understanding of the issues which I would not have had without this.”

“It was so commendable,” commented Trustee Feld, "that they actually voted on the recommendations by the end of the evening, given that they are on such a tight deadline and still went over everything in such excruciating detail.”

A more subdued comment came from local architect Jim Fleming. “I would hope that the Village proceeds very cautiously in adopting any new, more restrictive zoning parameters for residential lots.” (See Fleming's previous commentary on the issue.)

“It seems that it is recognized that balancing property rights, with which homeowners have purchased their property, should be considered more heavily than a false perception of some danger ahead,” he said and added this suggestion: “Leave ‘design’ matters out of the zoning ordinances.”

A major goal of the revision is to soften the impact of residential additions and new construction on immediate neighbors and neighborhoods, without unduly restricting property rights. The Village is attempting to prevent smaller homes from being expanded into or replaced by “McMansions” that hulk over adjoining properties. Adding to a home is particularly problematic in areas with small lots: additions can block sun, air and views of neighboring homes. However, requiring large setbacks from the neighbors may prevent the addition of modern kitchens, master bedroom suites, or family rooms that many homeowners desire.

In the Town of Mamaroneck, the remedy to McMansions involved passage of a "floor area ratio" law that restricts the size and height of homes relative to their lots. After studying this sort of solution for the Village, the consultants recommended a different approach that would beef-up the zoning code and rely on the three land use boards (Planning Commission, Board of Architectural Review and Zoning Board of Appeals) to keep construction from impinging on neighbors and on the character of the Village.

There was considerable interchange between the consultant, the Commission and the audience, which included a number of local architects, the Village Building Inspector and Engineer, and members of the other land use boards and Board of Trustees. In a number of instances, the architects called on the consultant to be sure the revisions did not overly constrain their ability to design additions to homes on Larchmont’s smallest lots or on lots with unusual configurations. Already, the revisions have been modified to reflect input from previous meetings and communications. Over the course of the evening, additional changes were made.

Trustee Liz Feld was impressed with the level of commitment displayed by the various residents at the meeting. “If you write people into the process,” she said, “it’s amazing to see the level of brain power that is available to us.”

What to do with corner lots was a particular concern as the group considered the least invasive placements for additions. The consultant reiterated an important design element: to preserve neighborhood character, the front facade of homes on a street should remain relatively parallel. When one home juts out way in front of another, it may break up the visual integrity of the street, he explained. The current requirement that home fronts be setback thirty feet from the street preserves that look and encourages additions behind the home. However, depending on the definition adopted, a corner lot’s backyard is a neighbor’s side or front yard. The assembly considered new definitions and requirements for “side front yards,” and the Commission ultimately supported the recommendations of the consultant.

Other lengthy discussions ensued on the issues of accessory buildings, attached garages and additions over garages. How close may an accessory building come to the property line? What if an accessory building becomes attached to the main house via a breezeway? Should garages be set back from the main house? Should construction over a garage be more limited than construction over the main house? What about homes with steeply sloping lots? The consultant argued for greater height restrictions on garage additions; the architects pointed out that this could impinge on good design or lead to odd-looking, “dumpy” add-ons.

The session adjourned after midnight with the Commission having weighed in on each issue and fulfilled its mission to vote on recommended changes to the zoning code. Now the Village Board will consider the recommendations in public hearings over the next two weeks at their regular public meeting on April 21, and an extra meeting on April 28.

Trustee Kolbert noted, “I encourage any interested citizen to watch the tape.”

Check: LMC-TV's Schedule to see when tapes of the April 7 and 14 meetings are being aired. Click here for the Draft Code Revisions for Bulky Houses. This is the draft under consideration by the Village Board, complete with additions and deletions from the April 14 Planning Commission meeting.