41 Whelan ZBA Application Shed 2025 Redacted
application
9 pages
Scanned/OCR — text may contain errors
From the meeting:
Zoning Board of Appeals — 2025-09-30
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Agenda item: NEW BUSINESS — Raymond LoGiudici, owner-41 Whelan Ave-Located in a RA-5 1-Family Residence District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 79.13 Block 3 Lot 47. Request for a side yard and rear yard variance from Village Zoning Code Section 230-40(A)(1)(b) for a proposed shed on an existing cement pad.
Application, 9 pages. Attached to agenda item: “NEW BUSINESS — Raymond LoGiudici, owner-41 Whelan Ave-Located in a RA-5 1-Family Residence District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 79.13 Block 3 Lot 47. Request for a side ya” (Text recovered by OCR — may contain errors.)
Retrieved 2026-04-15 from the village's meeting portal.
View the original PDF ↗
Extracted text
Zoning Board of Appeals
Village of Croton-on-Hudson A ation (ZBA
. Engineering Department ( # Eng-§230- ] 60)
Stanley H. Kellerhouse Municipal Building °
san Recast AUG 2 92088
Croton-on-Hudson, NY 10520-2501
Tel: 914-271-4783 Engineers Office .
engincering’@ crotononhudson-ny. gov 3 (Revised 05 2024)
Application Date: %/27/25 Application #: QOOSOS\S
Type of Application: wheea DO Special Permit © Appeal O Interpretation O Use O Fence
NYS SEQR (§617) Actions:
wae I- Submit long EAF and CAF
Type II- Not subject to SEQR (area variances for 1, 2 and 3 family homes and lot line variances and
individual setback variances) EAF & CAF not required
O Unlisted- Submit short EAF (long EAF may be required) and CAF
Other Involved Agencies: 0 Village Board 0) Planning Board 0) Other:
Property Information: Section: WA.VS Block: 2 Lot: WY
Property Location (street address): ¥/ U*%he/un Ave ) Croton on Hodson, SY 1 OS 26
Zoning District ORAS ORA9 ORA25 ORA40- ORB (2 family) ORC Multiple Residence
Limited Office OO-1 0 0-2
Commercial O Ci Central 0 C2 General O Gateway overlay
Other O LI Light Industrial O WC Waterfront O WD Waterfront Development
Current Use: O 1 Family 0 2 Family 0 3 Family O Multi Family O Vacant Lot
O Commercial/Other (description):
Applicant Information: (if other than owner, supply a letter from the property owner authorizing application)
Owner OC) Tenant O Contractor/Vendor
O Attorney O Engineer O Architect O Other:
Last Name: LoGivd/ cs First Name: Kaymond MI:
Company:
Address: 4! Whelan Ave
Address: Croton on iLodson ) Y 105 20
Phone #: 7/4-221-007 2 Cell #: E-mail: he
Property Owner: Game As Above
Last Name: First Name: MI:
Company:
Phone #: Cell #: E-mail:
General Application requirements:
1. Forms & fees: This completed application plus seven (7) copies (total of 8) plus eight (8) copies of the supporting
documentation shall be submitted by the applicant, accompanied by the applicable fee. Electronic version (pdf, jpeg,
other) of all documents must be submitted with the application. Appropriate photographs of the property and
surrounding properties should be submitted. Please note the application fee is non-refundable even in the event the
application is withdrawn.
2. Content of submission: Application shall fully set forth the circumstances of the case, accompanied by a proposed
plan showing the size and location of the lot, a site plan showing location of all buildings and proposed facilities,
including access drives, parking areas, landscaping and streets. Each application shall refer to the specific provision
ZBA Application - Page 1 of 4
of the chapter and the interpretation that is claimed, details of the variance that is applied for and the grounds on
which it is claimed that the same should be granted, or the use for which the special permit is sought.
3. Drawings, elevation plans, and surveys must reflect what is existing and what is proposed and must be submitted at
the time of application. Failure to do so may result in your application being deemed incomplete.
4, Ifarecent sale of the property has taken place, please submit proof of ownership.
5. If you are in contract to purchase, please submit a notarized letter from the current owner stating that the applicant
has his/her permission to file on his/her behalf and applicant is not the owner.
6. Applications must be submitted 21 days prior to the date of the hearing in order to meet required deadline dates for
[egal Noticing. ZBA meetings/hearings are usually held on the 4th Tuesday of the month at 7:00PM ino August meeung:
7. Ifthe application is approved by the Zoning Board of Appeals and a building permit is needed, a separate application
for the building permit will need to be submitted.
%. Appeal: shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or
determination by filing with the administrative official and the ZBA, a notice of appeal specifying the grounds of
appeal and relief sought.
10. Stay upon appeal: an appeal shall stay all proceedings in furtherance of the action appealed from, unless it is
determined that the stay would cause imminent peril to life or property, in which case, proceedings shall not be
appealed other than by a restraining order which may be granted by the ZBA or by a court of record on application.
Village Code Section(s):
Description of variance requested: - . ;
Construct Wood shel io back corner ot sicle qareh
ot A 2 seboack from. Property, Vine instead oF 4' 3% k
Allowing us to vse Existing oncrete Pad tet cuorreat Shed 15
On-
(can use separate paper if necessary)
Required setbacks: Proposed Setbacks: Variance Requested:
. aé I ‘ {
Side Yard s . oy. eee “Sel
Total Side Yard a ee ee
Front Yard a i . ae
Rear Yard a aa ee a i ee
The ZBA shall take into consideration the benefit to the applicant if the variance is granted as weighed against the
detriment to the health, safety and welfare of the neighborhood or community by such a grant. To be considered:
|. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties:
2. Whether the benetit sought by the applicant can be achieved by some method, feasible for the applicant to pursue. other than an
area variance:
3. Whether the requested area vartance is substantial:
4+. Whether the proposed variance wil] have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district;
5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA but shall not
necessarily preclude the granting of the area variance,
Please provide a detailed response to all five factors above:
See_atachek jetted a |
(can Use separate papet f necessary)
ZBA Application - Page 2 of 4
Have any previous area variance applications been made? O yes ow sO, give date:
Description of previous variance:
Village Code Section(s):
Special Permit Description:
Explanation:
(can use separate paper if necesSary)
Have any previous special permit applications been made? Oye’ Ono Ifso, give date:
Description of previous special permit:
Village Code Section(s):
Description of administrative decision or order (include copy):
(can useAeparate paper if necessary)
Date of decision or order:
Explanation of reason for appeal:
(can use sepgfate paper if necessary)
4. Interpretatio Village Code Section(s}:
Description of proposed project or improvement:
Explanation/describe request:
ZBA Application - Page 3 of 4
y .
Village Code Section(s):
Existing Use of Property:
Proposed Use of Property:
No use variance shall be granted by the ZBA without a showing by the applicant tpt applicable zoning regulations and
restrictions have caused unnecessary hardship. These four criteria must be satsfied
|. Applicant cannot realize a reasonable return, provided that lack of returns substantial as demonstrated by competent
financial evidence.
2. Alleged hardship relating to the property in question is unique and dfes not apply to a substantial portion of the
district or neighborhood.
3. Requested use variance, if granted, will not alter the essential character of the neighborhood.
4. Alleged hardship has not been self-created.
Provide additional Information for all four factors above:
: ; (can uspseparate paper if necessary)
[lave any previous use variance applications been méde? Oyes Ono Ifso, give date:
Description of previous use variance:
Answer Questions (1-5):
1. Ihave submitted required number of copies + documentation. Oyes Ono
2. Drawings, elevation plans & surveys have been submitted Oyes Ono
3. All required application information has been provided Oyes Ono
4. Proof of ownership. if applicable, has been provided Oyes Ono
5. Digital files of all documentation have been submitted Oyes Ono
I certify that the above information is accurate, and I am the property owner or authorized by the owner to file this application
on their behalf and that | will indemnify and hold the Village harmless against any damage or injury that may be caused by
or arise out of any entry onto the property in connection with the processing of the application, during construction or
performance of the work or within one year after the completion of the work.
an) a : - : . —
Raymond helbiodeci Gegnaral fp Auaicloae _sf/2g(es-
Applicant's Name (please print) Appli€ant’s Signature Date
An aT ee OEY 277 aC oe Wi
| Note: According to Section 230-164(E), “Unless work is commenced and diligently prosecuted within
one (1) pear of the date of the granting of a variance or special permit, such variance or special permit
| shall become null and void.”
For larger projects, a request can be made for a variance from §230-164(E) for up to a two year period.
I request a 2 year variance: 0 YES O
FORVILLAGE USEONLY: EEE
Is lot an existing small lot? O yes Ono
Note: If yes, lot area, lot depth and lot width exceptions are granted under Village Zoning Code 230-40G
Decision Type: Decision Type:
Date: Date:
O Approved OC) Approved
O Denied wd 0 Denied
Fee: $ TSCs.. Date paid: ge . Ree'd by: 3/39] as
ZBA Application - Page 4 of 4
x TANS OTA
41 Whelan Ave.
August 28, 2025 R
8 COVE,
AYp
Zoning Board of Appeals 2 £ 2
Village of Croton-on-Hudson nop, 25
1 Van Wyck St. ers Or
Croton-on-Hudson, NY 10520 Ce
Re: Variance application for 41 Whelan Ave.
Dear Zoning Board:
Please consider my application for a variance for the placement of a concrete pad and shed in the back
corner of my yard at 41 Whelan Ave. We are replacing the current vinyl 8’ x 10’ shed with a wood 10’ x 12’
shed. We wish to utilize and add on to the current concrete pad that already exists on the property.
The following addresses the five factors on the ZBA application:
1: The requested variance will not produce an undesirable change in the character of the neighborhood.
The proposed improvement is consistent with the style, scale, and use of nearby properties. It will not
negatively affect adjoining properties in any way and my neighbors have been informed of the proposed
change and have no issues with the plan. The variance requested is the minimum necessary to allow
reasonable use of the property.
2: While it would be feasible to completely tear up the existing concrete pad and have a new one
installed, it would greatly increase the cost of the project and would provide no additional benefits to the
neighbors and the character of the neighborhood.
3: The requested variance is not substantial. The current setback of shed and pad is 2’, as opposed to 5’.
Granting this variance will not significantly impact neighbors or change the character of the
neighborhood.
4: The proposed variance will not create any adverse effect or impact on the physical or environmental
conditions in the neighborhood. In fact, the new shed will be much more aesthetically appealing than
the old one.
5: The alleged difficulty was self-created, as the vinyl shed was placed on this concrete pad 20 years ago
in my ignorance of the setback regulation and by a contractor who failed to inform me of the setback
regulation.
Thank you for your consideration of this application.
Raymond LoGiudici
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8/2295. 3-12 PM Handi: Horie: Predicts Doat Yourself: Rookwood 10 ft, 12 fe backvard Woud Storawe! with Sinaitside and Floor susie Tactlided! (120'ss..fe) 79
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Z2BA Minutes
6/19/96
Sapir - Are there any other questions?
There was no reply.
The hearing was closed.
Stephens Made Motion that a variance of 2.5 ft. be granted to meet
total side yard requirement.
Reisner - Second the Motion
Vote: 5-0 Stephens, Reisner, Sapir, Waitkins, Frishberg
Marsha Kressin, Esq. for Robert and May McDonnell, 41 Whelan Ave.,
Section 79.13 Block 3 Lot 47. Request for minimum. side yard
setback.
Kressin - The house was built in 1947 and the side yard does not
meet the 8 ft. requirement. Our request is for a 5 inch variance
to meet the requirements for minimum side yard setback.
Sapir - asked if there were any other questions.
There was no reply.
The hearing was closed.
Frishberg - Made Motion to grant a variance of 5 inches.
Waitkins - Second the Motion
Vote: 5-0 Frishberg, Waitkins, Sapir, Stephens, Reisner
Ilyana Adams, 142 Old Post Road North, Section 67.19 Block 2 Lot
ll. Request for front yard and side yard setbacks.
Adams - Stated that her request was for front yard and side yard
setbacks.
Adams - Stated that she is a sculptor and the additional space will
allow her to work at her craft on the ground level. It will enable
her to work on marble. All other areas in the house has
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CERTIFIED TO PREMISES SHOWN HEREON BEING LOTS 9 £ 10 SHOWN IN
ROBERT F. & MAY E. Mc DONNELL BLOCK 118 ON MAP ENTITLED “PLAN OF LOTS CALLED
INTER-COUNTY MORTGAGEE CORP. HARMON” FILED IN THE DIVISION OF LAND RECORDS
KENNETH PREGNO AGENCY, LrTo. OFFICE OF THE COUNTY CLERK FEBRUARY 5, 1908
IN ACCORDANCE WITH THE MINIMUM STANDARDS OF THE AS MAP No. 1776:
NEW YORK STATE ASSOCIATION OF PROFESSIONAL
LAND SURVEYORS 4S OUTLINED IN THEIR “CODE OF
PRACTICE FOR LAND SURVEYS.
: I
SURVEYED : MARCH 10, 1982 SURVEY OF PROPERTY
FOR: ROBERT F. & MAY E. McDONNELL . +
SITUATE IN
ENCROACHMENTS BELOW GRADE, IF ANY, NOT SHOWN HEREON Sa
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