Documents › Zoning Board of Appeals, 2026-01-20

application 5 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 43 Riverview Trail DRAFT Resolution 2026 43 Riverview Trl Site Plan Plans 2026

Zoning Board of Appeals Village of Croton-on-Hudson Application (ZBA Engi ing D tment = - : Stanley Il. Kellerhouse Municipal Building (Form # Eng §230 160) enginecring(@ crotononhudson-ny.gov Application Date: ©0626 Application #: BDA | Type of Application: Area O Special Permit 0 Appeal O Interpretation O Use D Fence NYS SEOR (§617) Actions: O Typel- Submit long EAF and CAF i TypelIl- Not subject to SEQR (area variances for |, 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 DO Planning Board QO) Other: Property Information: Section: ©8'7 Block: 2 Lot: |! a Property Location (strect address): 43 Riverview Trai Zoning District ORAS ORA9 BRA2S ORA40- ORB (2 family) O RC Multiple Residence Limited Office OO-1 00-2 Commercial O Cl Central O C2 General O Gateway overlay Other 0 LI Light Industrial O WC Waterfront O WD Waterfront Development Current Use: 1 Family 0 2 Family O 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) O Owner O Tenant & Contractor/Vendor O Attorney OD Engineer DO Architect O Other: Last Name: /2"s4 First Name: Norm MI: © Company: Westchester Modular Construction, Corp ee Address: 1995 Route 22 Address: 8rewster, NY 10509 — Phone ¢: Cl: iii E-mai): Property Owner: 0 Same As Above Last Name: Macdonald First Name: Rosanne MI: Company: . a Address: 43 Riverview Teall Address: Croton'on Hudson NY 10820 Phone#: ——“‘ A iim Oi 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 Please note the application fee is non-refundable even in the event the application is withdrawn. 2.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. Ifa recent sale of the property has taken place, please submit proof of ownership. 5. Ifyou 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 Legal Noticing. ZBA meetings/hearings are usually held on the 2" Wednesday of each month at 8 PM. 7. Ifthe application is approved by the Zoning Board of Appeals a building permit is needed, a separate application for the building permit will need to be submitted. 8. 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): 24 -24\ ( & ) Description of variance requested: Placement of Front Door on Street Side(Front) of Proposed ADU (can use separate paper if necessary) Required setbacks: Proposed Setbacks: Variance Requested: Side Yard 0 10 oe aca Total Side Yard ad sid we sn 8 Front Yard Cg ee es C= Rear Yard 30° i76"-6" N/A Primary Structure 45-8" 24-6" Granted on 12/16/25 PERRY eat Nor Clamnniote Be aupanenne Oopeyarod o c 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 benefit 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 variance is substantial; 4. Whether the proposed variance will 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: 1. No, the position of the front door matches the other homes in the neighborhood 2. No, code was not clear regarding position of /ront door a 3. No. it is minimal - only thie deor powion —_ 4. No, will not have an adverse effect SO 5. No, not self-created ala ons not clear regarding position of iront door SO Se (can use separate paper if necessary) Be ZBA Application - Page 2 of 4 Have any previous area variance applications been made? Wes Sno Ifso, give date: \O-\lo° QS . Description of previous variance; amen” Rescuer Gibb 2. Special Permit Village Code Section(s): Special Permit Description: Explanation: Not Applicable (can use separate paper if necessapy Have any previous special permit applications been made? Oyes Agno Ifso, give date: Description of previous special permit: Not Appjicable Village Code Section(s): Description of administrative decision or order (inglude copy): Not Applicable (can use separate paper if wecessary) Date of decision or order: Explanation of reason for appeal: Not Applicable can use separate paper if necessary) 4, Interpretatio Village Codé Section(s): Description of proposed project or improvement: Not Applicable Explanation/describe requyést: Not Applicable / ZBA Application - Page 3 of 4 Village Code Section(s): ' Existing Use of Property: Not Applicable . Proposed Use of Property: Not Apphicable No use variance shall be granted by the ZBA without a showing by the applicant that applicabfe zoning regulations and restrictions have caused unnecessary hardship. These four criteria must be satisfied: 1. Applicant cannot realize a reasonable return, provided that lack of return is substantj4l as demonstrated by competent financial evidence. 2. Alleged hardship relating to the property in question is unique and does not app/y to a substantial portion of the district or neighborhood. 3. Requested use variance, if granted, will not alter the essential character of te neighborhood. 4. Alleged hardship has not been self-created. Provide additional Information for all four factors above: Not Applicable (can use separate paper if necessary) Have any previous use variance applications been made? Oyes Ono _Ifso, give date: Description of previous use variance: Not Appiicabie 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 Byes 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 T 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. —— Norm Jansa shige 01/06/26 Applicant’s Name (please print) Applicant’s Signature Date Note: According to Section 230-164(E), “Unless work is commenced and diligently prosecuted within one (1) year 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: O YES O NO FOR VILLAGE USE ONLY: Is lot an existing small lot? Ol 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 O Approved 0) Denied O) Denied Fee: $ \\ i- Date paid: Rec’d by: ZBA Application - Page 4 of 4 RESOLUTION NOTICE IS HEREBY GIVEN THAT, Norm Jansa, of Westchester Modular Homes Construction Corp., representative for Rosanne MacDonald , owner, has applied to the Zoning Board of Appeals of the Village of Croton- on-Hudson for a variance from Village Zoning Code Section 230-40(B) to allow for a proposed accessory structure (cottage) nearer to the street than the primary structure and for a height variance from Village Zoning Code Section 230-40A(1)(a) for a proposed pre-fabricated accessory structure (cottage). 43 43 Riverview Trails is located in a RA-25 Residence District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 68.17 Block 2 Lot 11. This proposed action is considered a Type II Action under the State Environmental Quality Review Act (SEQRA) therefore, no Negative Declaration is required. A public hearing having been held after due notice, this Board, after reviewing the application and viewing the premises and neighborhood concerned, finds: 1. No undesirable change in the character of the neighborhood nor detriment to nearby properties will be produced by the granting of the variance and in fact will be an improvement. 2. The benefit sought by the applicant can be achieved by a method other than the requested variance; in terms of height, but the proposed structure provides aesthetic consistency and storage and the structure is within the 800 sq ft requirement. 3. The requested variance is substantial in terms of the structure (cottage) being in the front of the primary structure but mitigated by the location and topography. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; 5. The difficulty alleged by the applicant was self-created. NOW, THEREFORE, BE IT RESOLVED, that a variance to allow for a proposed accessory structure (cottage) nearer to the street than the primary structure and for a height variance of 3ft 3inch be GRANTED subject to the following conditions, and further finds the variance granted herein is the minimum variance necessary and adequate. Motion: Chairperson Wagner Second: Mr. Olcott Vote: AYESS NAYS 0 Condition(s): 1. That, the variance is granted based on the plans and other documents submitted in support of the 2. That, according to the variance granted work must commence within (1) year of the date of the granting of the variance or such variance shall become null and void. 12/16/25