📐 Planning Board
Builder swaps approved walls, tells Planning Board he just molded the land
The Croton Planning Board voted 5-0 on December 9 to approve an amended minor site plan for retaining walls at 23 Nordica Drive that were built closer to property lines than originally approved, resolving a neighbor's code violation complaint. The board also updated its rules and procedures, including establishing a noon deadline for written public comments and removing time limits for applicant presentations.
◆ Key Actions & Decisions
- **Resolutions Passed**
- Amended Minor Site Plan for Mark Franzoso at 23 Nordica Drive (Tax Map Section 79.13 Block 4 Lot 64, RA-9 zoning district) approving revised retaining wall configurations that deviate from the June 20, 2023 approved plans. Vote: 5-0. Conditions: all original 2023 conditions remain in effect, and an as-built survey must be submitted with the certificate of occupancy application.
- Revised Planning Board Rules & Procedures, updating meeting schedules, deputy chairperson succession, written comment submission deadlines, and applicant speaking time limits. Vote: 5-0.
- Approval of November 14, 2025 draft meeting minutes, as amended. Vote: 5-0.
- **Resolutions Failed**
- None.
- **Applications Reviewed**
- Mark Franzoso, 23 Nordica Drive: Amended Minor Site Plan for retaining wall changes. Village Engineer Vincent Salanitro confirmed the walls, though built closer to property lines than approved, remain zoning compliant. Classified as a Type II SEQRA action. Approved 5-0.
- **Public Comments**
- No public speakers at the meeting. A letter from Levin Law Group, representing neighbor Russell H. Davies at 27 Nordica Drive, was entered into the record alleging ongoing Village Code Section 230-170 violations. Village Attorney Dan Pozin stated that approval of the amended site plan would address the letter's concerns.
- **Reports**
- Member Steve Krisky disclosed an unsolicited conversation with neighbor Russ Davies at the Black Cow Coffee Shop but stated he did not need to recuse himself, as topics discussed were already part of the public record.
- The board discussed adding time for liaison reports to other Village Boards and updates from the Village Engineer to future meeting agendas.
=== HEADLINE ===
Builder swaps approved walls, tells Planning Board he just molded the land
=== SUMMARY ===
Mark Franzoso returned to the Croton Planning Board to seek approval for retaining walls and stairs he built at 23 Nordica Drive that differed from his original site plan, prompting a debate over whether the changes were landscaping or a structural modification requiring board review.
=== EXECUTIVE BRIEF ===
• Approved amended minor site plan for 23 Nordica Drive with revised retaining wall configuration
• All conditions from original 06/20/2023 site plan resolution remain in effect
• As-built drawings required prior to issuance of certificate of occupancy
• Landscaping per approved 06/14/2022 planting plan must be completed before CO is issued
• Corner seating area to be relocated
• Board discussed updates to rules and procedures, including meeting packet deadlines and adding "liaison/engineer's report" to agendas
=== ARTICLE ===
Mark Franzoso had a simple explanation for why the retaining walls at 23 Nordica Drive didn't match what the Planning Board originally approved: he was just making the place look nice.
"When you build a house and you finish off especially the outside, you deal with the property and you mold it to, you know, to look as presentable and nice as possible," Franzoso told the board Tuesday night.
The problem? Nobody told the board he was doing any molding.
Franzoso appeared before the Planning Board to seek an amended minor site plan after building walls and stairs that shifted closer to the property line than the approved drawings showed. The changes were significant enough that Village Engineer Vinny Dancy Garcia sent the project back for board review—a move Franzoso called "uncharted waters."
"I don't think anyone would ever come back during the process of building for a revised plan with something simple like this," he said.
The board noted that a recent project on Riverside Avenue did come back for a similar modification—but Franzoso pushed back on the comparison. "That's a whole structural modification," he said. "I would consider this part of the landscaping."
The irony of the evening: the whole dispute was kicked off by a neighbor, Davidson, whose concerns prompted a letter from the Levin Law Group alleging unapproved walls with inadequate setbacks. Davidson, however, never showed up to the meeting. The neighbors across the street, meanwhile, "love the walls," Franzoso said—he ran into them at Hudson Oven over the weekend.
The board ultimately approved the amended plan, with conditions that all original 2023 requirements remain in effect, as-built drawings be submitted before a certificate of occupancy, and landscaping be completed per the approved plan. Franzoso also agreed to relocate a corner seating area he had added.
In a lighter moment, Franzoso noted he's been waiting months for Con Ed to power up his all-electric house. "It's 37 degrees in the house today," he said. "And now I'm regretting not hooking up gas because I woulda had heat."
The board also discussed procedural updates, including shifting to first-and-fourth Tuesday meetings starting in 2026 and setting a noon deadline the day before meetings for written materials to be guaranteed in the packet.
Residents with projects in progress should note: as-built drawings are now a firm requirement before any certificate of occupancy at 23 Nordica Drive. Planning Board meetings shift to the first and fourth Tuesdays starting in January 2026. Written communications for meeting packets must be submitted by noon the day prior to guarantee inclusion.