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.
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=== 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)
A resident addresses the board during discussion of a variance for the Riverside addition.
"Either John or someone else will build this. Anybody in their right mind would build this to their highest and best use." 3:43▶
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." 12:07▶
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 Riely of Truesdale 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. 26:28▶
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.
Source documents:
●*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 Riely (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.
●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
●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.
●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
●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.
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