Documents › Planning Board, 2025-09-16

resolution 2 pages

Also attached to this agenda item: 49 Van Wyck Redacted Application DUGGAN PROPERTY REV4 09-05-2025

WHEREAS, on September 16, 2025, the Planning Board of the Village of Croton-on-Hudson, New York, considered the application from Richard Duggan for an accessory cottage permit on the property located at 49 Van Wyck Street and designated on the Tax Maps as Section 78.08 Block 5 Lot 28; and WHEREAS, the applicant obtained approval for an accessory apartment on his property located at 49 Van Wyck Street on May 20, 2025; and WHEREAS, on August 26, 2025, the applicant was granted an area variance from the Zoning Board of Appeals to have an additional accessory dwelling unit (cottage); and WHEREAS, the applicant has submitted the required documentation (application and floor plans) for the said accessory cottage; and WHEREAS, notification to neighbors within 100 feet of said property has been duly executed; and WHEREAS, Richard Duggan is the owner and primary occupant of the single-family dwelling in which the accessory apartment is proposed; and WHEREAS, the accessory apartment meets the required number of off-street parking spaces; and WHEREAS, the accessory apartment of 600 +/- square feet and is less than the required maximum 800 square feet or 40% of the floor area whichever is less and more than the minimum of 300 square feet. NOW THEREFORE BE IT RESOLVED, that the Planning Board approves the application submitted by Richard Duggan for the accessory apartment as shown on plans prepared by Riverstone Design, Croton- on-Hudson, NY entitled “Accessory Dwelling Unit, Duggan Residence,” sheet T-100, “ Title Sheet, General Notes and Site Plan, sheet A-100 entitled “Existing, Demolitions, Floor Plans”, sheet A-101 “ Proposed Floor Plans and Details,” sheet A-200 entitled Exterior Elevations and Schematic Sections,” dated June 12, 2025, last revised September 5, 2025 and subject to Section 230-41 of the Village Code and the following conditions: 1. That, the foregoing recitals are incorporated herein as if set forth at length. 2. That, the colors and materials of the proposed accessory cottage be substantially consistent as set forth in the above reference documents and described during the meeting. 3. That, the applicant applies to the Building Department for a building permit and Certificate of Occupancy for the accessory cottage. 4. That, the approval of the Village Engineer be obtain for all connections to Village owned utilities. 5. That, a distinguishable address for the accessory cottage is clearly visable from the street for the benefit of emergency vehicles when needed. 6. That, under section 230-73 of the Village Zoning Code, the Planning Board finds that the development of this site will contribute to population growth in the Village and that no suitable land is available on the site for a park. Therefore, the Planning Board can require payment by the applicant to the Village of a fee in lieu of parkland in an amount and upon terms deemed satisfactory by the Village Board in its discretion for a one-bedroom apartment. The Planning Board finds that due to the particular factors associated with this application that a fee in lieu of parkland ______ required. 7. That, in accordance with Section 230-41 of the Village Code, the following condition is established for the approval of the accessory cottage: a) Upon a change in ownership, should the new owner desire to continue the accessory apartment or accessory cottage use, the new owner shall provide notification to the Building Department confirming the new owner will reside on the premises as required and that they are aware of the laws regarding accessory apartments and accessory cottages and will remain in compliance. Such notice shall be provided within 90 days of the change of ownership. Failure to timely file will result in a revocation of the accessory apartment or accessory cottage approval and the new owner will have to make a new application.: Unless a building permit is issued and work is commenced and diligently prosecuted within three years of the date of the resolution approving the accessory cottage, such approval and associated permits shall become null and void. Any application for an extension of this accessory cottage approval shall be made six months prior to the expiration date. The Planning Board of the Village of Croton-on-Hudson Robert Luntz, Chairman John Ghegan Geoffrey Haynes Steve Krisky Eva Thaddeus Made a motion to approve the application for an accessory apartment at 49 Van Wyck St., seconded by , and the motion carried, - .