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.
●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.
Zoning Board of Appeals meeting
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." {{quote:1122}}
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.
---
**Source documents:**
- [21 Elmore Avenue Zoning Application Revised 12.02.25 Redacted](https://play.champds.com/ATT/crotononhudsonny/2025-12/f2fcb2f7313ea15f75ad1954364f4ccada99f20a.pdf)
- [21 Elmore Avenue Zoning Plans and Site Pictures 11-19-2025](https://play.champds.com/ATT/crotononhudsonny/2025-12/077612ac6025c61faa33d652a1cd667c141b36bd.pdf)
- [21 Elmore Ave DRAFT Resolution 2025](https://play.champds.com/ATT/crotononhudsonny/2025-12/350de39ba4497e67bda5764ab11bebe93021f42e.pdf)
- [43 Riverview Trail -ZBA Revised Application Redacted](https://play.champds.com/ATT/crotononhudsonny/2025-12/6be949150d6e1b4d39ae14d79129741812b9ca15.pdf)
- [43 Riverview Trail - REVISED Combined - Stamped2](https://play.champds.com/ATT/crotononhudsonny/2025-12/1af0cefa29a6c7db066b59ad0a994d6233dca233.pdf)
- [43 Riverview Trail DRAFT Resolution 2025](https://play.champds.com/ATT/crotononhudsonny/2025-12/b21858373a6667131462097c29a39389c0d52a05.pdf)
- [ZBA DRAFT Minutes 10.28.25](https://play.champds.com/ATT/crotononhudsonny/2025-12/d38c75ff9d085572d2552bd9977415fdf703c22d.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
2026-01-20Zoning Board Grants Door Variance Amid Mount Airy Tree Removal Outcry
●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.
2025-10-28Zoning Board Rejects Vague Alternate Member Proposal
●*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.
2026-02-17Zoning Board Grills Mount Airy Subdivision Applicant Over Tree Removal
●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
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