⚖️ Zoning Board of Appeals
Zoning Board Grants Door Variance Amid Mount Airy Tree Removal Outcry
The Croton Zoning Board of Appeals voted 5-0 on January 20 to grant a variance allowing a street-facing entrance on a detached accessory cottage at 43 Riverview Trail. The application for 52 Mount Airy Road was adjourned to February 17 following a last-minute applicant request, drawing public questions about construction activity and future scheduling.
◆ Key Actions & Decisions
- **Resolutions Passed**
- Variance from Village Zoning Code Section 230-41(G) for 43 Riverview Trail (Section 68.17 Block 2 Lot 11) to allow an accessory structure (cottage) with access observable from the street. Vote: 5-0 (Olcott, Goldsmith, Tuman, Weber, Lewis).
- Approval of the December 16, 2025 meeting minutes. Vote: 5-0.
- **Resolutions Failed**
- None.
- **Applications Reviewed**
- **43 Riverview Trail (Rosanne MacDonald, owner; Norm Jansa, Westchester Modular Homes, representative):** The applicant returned for a second variance after receiving height and setback approvals in December 2025. The Engineering Department subsequently flagged that the front door on the street-facing façade required a separate variance. The applicant argued the restriction applied only to attached accessory apartments, not detached ADUs, and that relocating the door would be impractical due to topography, garbage receptacle mounds, and three large propane tanks. The Board found the variance was not substantial, would not alter the structure's approved scale or bulk, and that alternative door placement would be awkward and pose safety concerns near mechanical equipment. The Board also noted the difficulty was self-created.
- **52 Mount Airy Road:** Adjourned to February 17, 2026, at the applicant's request submitted via email the afternoon of January 20. No action was taken.
- **Public Comments**
- No public comments were offered during the hearing for 43 Riverview Trail.
- Multiple members of the public spoke regarding 52 Mount Airy Road, raising concerns about potential tree removal, permit requirements, construction activity prior to ZBA approval, and scheduling conflicts with school vacations. The Board clarified that no decisions would be made before a formal public hearing, that existing permits allow some unrelated construction, and that written comments can be submitted for the record.
- **Reports**
- Ron Wegner, Assistant Village Engineer, was present but no formal report was delivered (his department's feedback was incorporated into the 43 Riverview Trail application review).
- Stacey Nachtler, Village Board Liaison, was present.
=== HEADLINE ===
Neighbors Alarmed as Trees Fall Ahead of Mount Airy Road Hearing
=== SUMMARY ===
The Zoning Board of Appeals granted a door variance for a Riverview Trail accessory cottage but faced heated concerns from Mount Airy Road neighbors over tree removal and construction already underway on a delayed project.
=== EXECUTIVE BRIEF ===
• Approved variance allowing a front door on the street-side facade of an accessory cottage at 43 Riverview Trail
• Adjourned the 52 Mount Airy Road application to the February 17 meeting at the applicant's request
• Approved meeting minutes from the previous session
=== ARTICLE ===
Mature trees cut down. Construction already visible. And the applicant just asked to hit pause.
That was the tense scene at Tuesday night's Zoning Board of Appeals meeting, where a handful of Mount Airy Road neighbors learned that the hotly anticipated 52 Mount Airy Road application had been adjourned until February 17—after they had already shown up to speak.
"I'm specifically talking about mature trees that have already been cut down on some of my neighbor's property," one resident told the board, urging members to schedule a site visit before the next hearing. "I've already approached the engineer's office to please just take a look and do a site visit."
The board noted that the property already holds a building permit for modifications to the original structure, meaning some construction activity is legally permitted even as the broader variance process plays out.
"Just so you understand, this is the first step, the zoning board, and then it has to go to the planning board," the board chair explained. "It's not something you're gonna suddenly wake up and see."
One neighbor pointed out the irony of the timing: the February meeting falls during school vacation week, meaning many concerned residents will be out of town. The board indicated a site visit is likely before any decision, which would push a vote to March at the earliest—keeping the public hearing open for additional comment then.
Before the Mount Airy exodus, the board handled a quieter matter: a variance for an accessory cottage at 43 Riverview Trail. The applicant needed relief from a zoning code that prohibits front doors on the main facade of accessory dwelling units. The problem? The code specifically mentions "accessory apartment"—attached to a main house—not a standalone cottage.
"The verbiage does not include an accessory cottage," the applicant argued, noting that placing the door on the side would mean flanking it with a garbage receptacle and three large propane tanks for a whole-home generator. "There's no side exit access."
Not a single member of the public spoke on the cottage variance—ironic, given the crowd that had gathered for the next item. The board approved it unanimously, with one member noting it "would look strange having the front door on the side."
**What to watch for:** The 52 Mount Airy Road application returns February 17 at 7 p.m. at Village Hall. A site visit is likely before any vote, which would push final consideration to March. Written comments submitted ahead of Tuesday's meeting are already part of the record.
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