⚖️ Zoning Board of Appeals
ZBA rejects Riverside addition, warns of three-story building
The Zoning Board of Appeals denied a variance for a second-story addition at 25 North Riverside Avenue due to neighbor concerns over privacy and views, with the applicant's architect warning that a nearly 6,000-square-foot, three-story building could now be built as-of-right instead.
=== HEADLINE ===
ZBA rejects Riverside addition, warns three-story building likely next
=== SUMMARY ===
The Zoning Board of Appeals denied a variance for a modest second-story addition at 25 North Riverside Avenue, with neighbors opposing the impact on their views and privacy. The applicant's architect warned a three-story, nearly 6,000-square-foot building could instead be built as-of-right on the site.
=== EXECUTIVE BRIEF ===
• Denied rear yard variance and two-year commencement variance for 25 North Riverside Avenue (3-1 vote)
• Granted front yard setback variance for existing shed at 99 Mount Airy South (unanimous)
• Granted side yard setback variance for shed replacement at 41 Whalen Avenue (unanimous, no public comment)
=== ARTICLE ===
"Either John or someone else will build this. Anybody in their right mind would build this to their highest and best use."
That was architect Rob Luntz delivering an unmistakable message to the Zoning Board of Appeals on Tuesday night: deny his client's request for a modest five-foot second-story addition at 25 North Riverside, and a far larger building will almost certainly rise in its place.
The board called his bluff. In a 3-1 vote, they denied the variance.
The property owner, John Whalen, had hoped to add a second story to his commercial building to keep his business viable in Croton. Because he's already purchased another property in Cortlandt, he'll relocate regardless — meaning the Riverside site will either undergo a major renovation or be sold to a developer.
Luntz presented renderings of what could be built as-of-right: a three-story, roughly 5,800-square-foot building spanning 91 feet in length. It could become commercial space with four apartments above, or fully residential.
"I'd like, personally, to see all of Croton remain exactly how it is right now," said Catherine Ryder of Seventh Street, who would lose her view. "I've seen too many changes in the twenty-eight years I've been here."
Laura Costantini of 6 Bank Street, whose back porch privacy would be affected, agreed. "I'd rather take a chance," she told the board when asked if she'd prefer the taller but more set-back alternative.
Alicia Infoniaccio, whose family owns the adjacent business, supported the variance and noted that Riverside Avenue once had three-story buildings before the highway came through. Ed Riley of Trousdale Drive, who had no direct stake, suggested the builder offer neighbors rooftop decks as a compromise — what he called "the Baltimore view."
Board member Rocco pointed out the uncomfortable reality: "This is gonna be a housing site. That's what it's gonna be. It's gonna be a three-story housing site sold to a developer." But after weighing the five variance factors, the majority concluded the applicant could achieve his goals through other means — even if those means produce a more imposing structure.
In a quieter moment, the board unanimously granted a variance for an existing shed at 99 Mount Airy South that was discovered during a title search after the owner's husband passed away. The shed sits near a pond and can't realistically be relocated. Notably, nobody from the public showed up to comment on it.
A similar shed variance at 41 Whelan Avenue also passed unanimously without public input, replacing an old vinyl shed with a slightly larger wooden one on an existing concrete pad.
**What to watch for:** The 25 North Riverside property is now expected to head to the Planning Board, whether the current owner pursues a larger build or sells to a developer. Residents near Riverside Avenue and the railroad corridor may want to track Planning Board agendas at crotononhudson-ny.gov for what comes next.
Coverage of the Zoning Board of Appeals meeting on 2025-09-30,
Village of Croton-on-Hudson, NY.
· Read full transcript
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