⚖️ Zoning Board of Appeals
Zoning Board Approves ADU Variance for Collapsing Cottage
The Croton Zoning Board of Appeals unanimously approved two variance requests on December 16: a 2.6-foot side yard variance for a rear dormer at 21 Elmore Ave and a 21-foot 2-inch front setback plus 3-foot 5-inch height variance for an accessory dwelling unit at 43 Riverview Trail. The board also amended its rules and procedures, and Chairperson Christine Wagner was recognized for her service at her final meeting.
◆ Key Actions & Decisions
- **Resolutions Passed**
- 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.
=== HEADLINE ===
Zoning board approves ADU variance for collapsing Riverview Trail cottage
=== SUMMARY ===
Croton's Zoning Board of Appeals granted variances for a rear dormer at 21 Elmore Avenue and a new accessory dwelling unit at 42 Riverview Trail, replacing a structurally failing 1960s guest cottage. The board also updated its own rules and procedures.
=== EXECUTIVE BRIEF ===
• Approved a 2.6-foot total side yard variance for a rear dormer addition at 21 Elmore Avenue
• Approved two variances for 42 Riverview Trail: an ADU structure in front of the primary residence and a 3-foot-3-inch height variance
• Approved meeting minutes from the October 28 session
• Adopted amended ZBA rules and procedures, including flexible meeting scheduling, removal of a liaison provision, and allowing the presiding officer to adjourn meetings without a formal motion
=== ARTICLE ===
A collapsing cottage on a dead-end street, a widow planning to stay near her mother, and a village trustee showing up to ask about parking — the final Zoning Board of Appeals meeting of 2025 had more human texture than your average variance hearing.
The main event was 42 Riverview Trail, where Roseanne McDonald is seeking to replace a deteriorating guest cottage with a proper accessory dwelling unit. The existing structure, originally permitted in 1962 as a guesthouse with no cooking facilities, has been used only for storage since the mid-1980s and is now literally falling apart.
"The roof has given way," said Norm Janssen of Westchester Modular Construction. "It needs to be replaced while it's still standing."
The project needed two variances: one because the ADU would sit in front of the primary residence, and another for a height of 18 feet 3 inches — three feet three inches above the 15-foot limit. Janssen said the extra height was needed to match the roof pitch of the main house.
Board member Doug pushed back on whether the height variance was truly necessary, asking if Westchester Modular had other designs. "We could change the pitch of the roof if need be," Janssen conceded. "We were just trying to give a nice look to it."
Village Trustee Stacy Nachtaylor, who identified herself as both a resident and a trustee, offered condolences to the family for the loss of McDonald's husband before raising a practical concern about parking on the narrow street. McDonald's daughter, Annette, assured the board the property's driveway could accommodate plenty of cars.
The board approved both variances, with one member noting the village's public policy goal of promoting ADUs. The project still needs Planning Board review.
Earlier in the evening, the board handled a more straightforward request — a 2.6-foot side yard variance for a rear dormer at 21 Elmore Avenue. Architect Joseph Arne explained that almost any work on the 1950 home would trigger a variance due to outdated setback requirements. Not a single resident showed up to comment on either application, a quiet ending to the board's year.
In housekeeping, the board approved its own amended rules and procedures, dropping a requirement to formally adjourn by motion and making meeting scheduling more flexible.
**What to watch for:** The 42 Riverview Trail ADU project heads next to the Planning Board for detailed site plan review, including parking and design. No date has been set yet. The ZBA's next regular meeting will be in January 2026; check the village website for the exact date.
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