ZBA pushes subdivision plan to planning board after tree removal clash
The Zoning Board of Appeals opened a public hearing on a proposed subdivision at 52 Mount Airy Road that seeks two lot width variances, drawing opposition from 45 residents over concerns about tree removal, steep slopes, and stormwater runoff. No votes were taken, and the hearing was left open pending a site visit and submission of additional engineering details.
●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).
Zoning Board of Appeals meeting
"I find it hard to believe that asphalt is better for animals than what's there existing." {{quote:1391}}
That blunt assessment from a Zoning Board of Appeals member summed up the tension at Tuesday night's hearing, where the team behind a proposed two-lot subdivision at 52 Mount Airy Road struggled to defend cutting roughly 30 trees along a steep slope and long driveway.
The applicant's attorney, Corey Salomon, told the board that removing the trees "cannot reasonably be considered impactful under the circumstances." When pressed on how that conclusion was reached, Salomon pointed to his 25 years of experience. "You're a lawyer. You're not environmental," a board member replied. {{quote:1318}}
Applicant Andrew Cortesi then stepped in, arguing the replanting plan would actually improve the habitat for deer and rabbits. "Right now, it's bare land that animals really are not gonna wanna stay there," he said — a claim that drew visible skepticism in a room full of Mount Airy residents who live among those trees. {{quote:1351}}
The exchange set the tone for an evening where neighbors systematically dismantled the applicant's case. Gabriela Mirabelli called the 563-square-foot lot deficiency "a gap they bought," not a village-created hardship. Vincent Cohan noted the tree removal count had crept from six or seven at a prior meeting to 20, then to 30 — with potentially 30 more already cleared before the new tree ordinance took effect. Reuben Daly, a resident across the street, delivered a pointed ecological critique of the replacement landscaping: "Nature is chaotic, and once destroyed, it takes forever to rebuild. And what it does not look like is a lawn surrounded by Japanese azaleas."
Edward Wohl read a memo from neighbors Stuart and Karen Greenbaum arguing the project was improperly classified as a Type II action under SEQR to avoid environmental review — a legal question the board will need to address.
By the meeting's end, the ZBA concluded that many of the unresolved questions — stormwater management, steep slope analysis, retaining walls up to 14 feet tall — properly belonged before the Planning Board. The board voted unanimously to refer the application, keeping the public hearing open.
Cortesi acknowledged the move was reasonable, saying the team would work with the Planning Board on potentially pulling the house forward to shorten the driveway and reduce tree loss. "When we come back to you guys, it'll be a fully baked plan," he said. {{quote:2334}}
**What to watch for:** The Planning Board is expected to take up the application next, with recommendations likely returning to the ZBA by May. The public hearing remains open, and residents can still submit written comments to the ZBA. A site visit to the property and neighboring 48 Boundary Road South has been requested.
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**Source documents:**
- [2.24.26 Cover Letter ZBA Supplemental Material Redacted](https://play.champds.com/ATT/crotononhudsonny/2026-03/58bc1737fbf75c4a3fade688a8a525ef1abcf5a7.pdf)
- [52MtAiryRd-2.24.26 Revised SubdivisionPlan--20260224 Reduced](https://play.champds.com/ATT/crotononhudsonny/2026-03/89e16014b3eb16bea3f3b60145f3da51ea110c34.pdf)
- [2.17.26 Cover Letter ZBA Supplemental Material Reduced Redacted](https://play.champds.com/ATT/crotononhudsonny/2026-03/e526fff8c148ed62ac59e8dfece24161f1363cce.pdf)
- [52 M tAiry Rd--ZBA APPLICATION--1.20.25 Redacted](https://play.champds.com/ATT/crotononhudsonny/2026-03/c35e257695ebf61d754a4a7febe9a8526b1f64f7.pdf)
- [52 Mount Airy Rd-Aerial Parcel View](https://play.champds.com/ATT/crotononhudsonny/2026-03/b715908b02f0de733a64f3cb6d16bc059fc98727.pdf)
- [52 M tAiry Rd--ZBA Proposed Subdivision Plans--1.20.25](https://play.champds.com/ATT/crotononhudsonny/2026-03/ee4157ad453aa973d723d79a6d763e795d0be28b.pdf)
- [zba application 59 Sunset Drive - 2-24-2026 Redacted](https://play.champds.com/ATT/crotononhudsonny/2026-03/3904a61999ab8dc67a5ff02ce9e42e7a169889a4.pdf)
- [59 Sunset Drive - Zoning Drawings -- 2-23-2026](https://play.champds.com/ATT/crotononhudsonny/2026-03/8838fd0dd2e936d10e4ad129d632c82915324727.pdf)
- [ZBA DRAFT Minutes 2.17.26](https://play.champds.com/ATT/crotononhudsonny/2026-03/1500659179e0050a7a520c19bba53e313adce2c2.pdf)
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Related Zoning Board of Appeals Meetings
2026-04-03'What Is the Hardship Other Than Profit?': Mount Airy Neighbors Draw a Line
●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.
2026-05-19Zoning Board Approves Variance for Irving Avenue Mudroom Addition, Young Avenue Corner Fence
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