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.
●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.
Zoning Board of Appeals meeting
"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." {{quote:187}}
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." {{quote:101}}
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." {{quote:480}}
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." {{quote:731}}
**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.
---
**Source documents:**
- [43 Riverview Trl ZBA Application 2026 Redacted](https://play.champds.com/ATT/crotononhudsonny/2026-01/0bf1743be38cda3ae9af9c377585fecf9fd9ca34.pdf)
- [43 Riverview Trl Site Plan Plans 2026](https://play.champds.com/ATT/crotononhudsonny/2026-01/8b8ed5917dee71793adee79c0798161d8c8ddc51.pdf)
- [43 Riverview Trail DRAFT Resolution 2026](https://play.champds.com/ATT/crotononhudsonny/2026-01/f6e9dd0edd9309609f7efc8779b6abfabac4e1ec.pdf)
- [52 M tAiry Rd--ZBA APPLICATION--1.20.25 Redacted](https://play.champds.com/ATT/crotononhudsonny/2026-01/3e01188011f02c77d33916b2f0621d8d6a064423.pdf)
- [52 M tAiry Rd--ZBA Proposed Subdivision Plans--1.20.25](https://play.champds.com/ATT/crotononhudsonny/2026-01/dc1759e7234d4f1f6275db8ed4f9cacc54b8c18e.pdf)
- [52 Mount Airy Road DRAFT Resolution](https://play.champds.com/ATT/crotononhudsonny/2026-01/d213d8272c2c5b61ec6cda21cfb8b6bf4b19a425.pdf)
- [ZBA DRAFT Minutes 12.16.25](https://play.champds.com/ATT/crotononhudsonny/2026-01/c53e923b47db9cfab8e7d481c2071ab7b686ae1f.pdf)
This article was drafted by AI (glm-5-turbo-styled) from the official meeting transcript and reviewed by a human editor.
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Related Zoning Board of Appeals Meetings
2026-02-17Zoning Board Grills Mount Airy Subdivision Applicant Over Tree Removal
●Resolution 1: Granted a 2.6-foot total side yard variance from Section 230-33A for a rear shed dormer addition at 21 Elmore Ave. Vote: 5-0.
●Resolution 2: Granted a front-yard setback variance of approximately 21 feet 2 inches from Section 230-40(B) and a height variance of 3 feet 5 inches from Section 230-40A(1)(a) for a prefabricated accessory dwelling unit at 43 Riverview Trail. Vote: 5-0.
●Resolution 3: Approved amended Zoning Board of Appeals Rules & Procedures, removing fixed meeting date/time language, clarifying scheduling flexibility and adjournment procedures, removing liaison references, and reorganizing the minutes documentation section. Vote: 5-0.
●Resolution 4: Approved the minutes of the October 28, 2025 meeting. Vote: 5-0.
●Resolutions Failed
●None.
●Applications Reviewed
●21 Elmore Ave (Section 79.9, Block 2, Lot 23; RA-5 District): Owners Noelle Sirico & John O'Brien, represented by architect Joseph Arnow, sought a side yard variance for a rear dormer to add headroom, enlarge a bedroom, and add a full bathroom. The board found the variance was not substantial and did not increase the degree of nonconformity of the 1950 home.
●43 Riverview Trail (Section 68.17, Block 2, Lot 11; RA-25 District): Owner Rosanne MacDonald, represented by Norm Jansa of Westchester Modular Homes Construction Corp., sought variances to replace a long-vacant, dilapidated accessory structure with an 800-square-foot prefabricated ADU for her daughter, Annette Forte. The board found the setback variance substantial but mitigated by steep topography and the dead-end street location.
●Public Comments
●Stacey Natchler, Village Board Liaison, asked questions regarding parking and site design (a proposed gravel area) for the 43 Riverview Trail application. No other public comments were heard.
●Reports
●Assistant Village Engineer Ron Wegner and board members thanked Chairperson Christine Wagner for her time and dedication to serving as Chair of the ZBA.
2026-03-17ZBA pushes subdivision plan to planning board after tree removal clash
●52 Mount Airy Road (52 Mt Airy Rd, LLC): Request for two lot width area variances from Section 230-33A of the Village Zoning Code to subdivide a 49,436.6 sq ft parcel in an RA25 Residence District into two lots. Both proposed lots (24,718 sq ft and 24,718.6 sq ft) fall short of the 25,000 sq ft minimum by approximately 281 sq ft (1%). The applicant proposes constructing a new single-family home on Lot B, removing 26 to 30 trees, and building 4-to-6-foot retaining walls. Board Member Doug Olcott recused himself. The public hearing was opened and remains open.
●Public Comments: Three speakers addressed the Board:
●Claire Hilbert (60 Mount Airy Road): Read a letter from Stuart and Karen Greenbaum (48 Mount Airy Road South) opposing the variances due to substandard lot sizes, tree removal, steep slope disturbance, stormwater flooding, traffic safety, wildlife habitat loss, and property values. Also raised concerns about neighborhood character and wooded habitat loss.
●David Steele (56 Mount Airy Road): Spoke in opposition, citing the neighborhood's wooded, historic character and cumulative tree removal impacts.
●Deborah Schpack (16 King Street): Read a letter signed by 45 residents opposing the variances over stormwater runoff, erosion, downhill flooding, steep slope impacts, and intensified development on constrained land.
●Additionally, a member of the public submitted a car accident incidence report for that section of Mount Airy Road, and multiple written letters of opposition were entered into the record.
●Reports:
●Board Deliberations: The Board requested updated survey information, a steep slope analysis, architectural elevations and renderings, grading and retaining wall clarifications, and marked site features (driveway, house location, trees for removal) ahead of a site visit. The site visit will be scheduled once snow melts.
●Other Business: Minutes of the January 20, 2026 meeting were approved by a vote of 3-0 (Olcott absent, Berger recused).
2026-04-03'What Is the Hardship Other Than Profit?': Mount Airy Neighbors Draw a Line
●*Local Law Introductory No. 14 of 2025*: Reviewed a draft referral from the Village Board of Trustees to permit the appointment of an alternate member to the ZBA and Planning Board for a one-year term. The board raised concerns about the short term length, questioned the necessity of the role given no existing quorum issues, and debated whether one alternate should be shared between both boards. No formal position was taken; the board will send a memorandum to the Village Board requesting clearer language and clarification on the problem the law aims to solve.
●Resolutions Passed
●Approved the minutes of August 26, 2025 by a vote of 3-0 (Chairperson Wagner abstained, William Goldsmith abstained).
●Approved the minutes of September 30, 2025 (with noted edits) by a vote of 4-0 (William Goldsmith abstained).
●Agreed to reschedule regular ZBA meetings to the third Tuesday of each month, effective December 16, 2025, to accommodate the Planning Board's move to the second and fourth Tuesdays.
●Public Comments
●Ed Riley (110 Truesdale Drive): Spoke in opposition to Local Law Introductory No. 14 of 2025, calling it unnecessary and potentially political, noting that both boards already function effectively and rarely lack a quorum.
●Reports
●Chairperson Christine Wagner officially welcomed new board member William Goldsmith.
●The board noted the Planning Board's schedule change to the second and fourth Tuesdays of every month.
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