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

site plan 4 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 52 M tAiry Rd--ZBA Proposed Subdivision Plans--1.20.25 52 Mount Airy Road DRAFT Resolution

yo —— ; “h Zoning Board of Appeals Village of 3 ( Croton-on-Hudson Application (ZBA Engineering Department . 7 “ rs Stanley H. Kellerhouse Municipal Building (Form #f Eng §230 160) : e9 Onc Van Wyck Street Croton-on-Hudson, NY 10520-2501 Tel: 914-271-4783 engincering@erotononhudson-ny gov (Revised 11.2025) Application Date: |/12.29.2025 ee Application #: QDOQSOWQ | Type of Applicatign: Area O special permits 0 Appeal 0 Interpretation O Use CO Fence NYS SEOR (§617) Actions: O Typel Submit long EAF and CAF = Typel}- 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 O Other: a Property Information: Section: 68.17 Block: 1 a Lot:3 a Property Location (street address): 52 Mount Airy Road — ee ee Zoning District ORAS ORA9 SRA2S ORA4O ORB (2 family) O RC Multiple Residence Limited Office OO-1 00-2 Commercial OC! Central 0 C2 General 0 Gateway overlay Other O LI Light Industrial O WC Waterfront O WD Waterfront Development Current Use: & | Family O 2 Family 03 Family O Multi Family © Vacant Lot O Commercial/Other (description): _ — a Applicant Information: (if other than owner, supply a letter from the property owner authorizing application) li Owner O Tenant 0) Contractor/Vendor 0 Attorney O Engineer 0 Architect OOther: _ a — Last Name: Cortese FirstName: Andrew ME Company: 52 7+ Ain/ RAULC ss ee Addresh&'5 Ashford, Dobbs Ferry, NY 10522 . ane a Address: Ave _ _— a ate aac ce Property Owner: li Same As Above LastName: |” — FirstName: ——s—s—s ME ; Company: — a _ oo eee ae Address; ) ee a a Address) fe Phone#: | i‘ dC Ema il: a a 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 do¢uments 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 subipission: 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 accesp 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 clairned 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 pf 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 pertnission 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 3rd Tuesday of each month at 7 PM. 7. Ifthe applicatiqn 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. 8. Appeal: shall b¢ 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. = SSS SS SS SS SS SS SSS SS SS SS SS SS SS SS SSS SS SS SS SS SS See SS SS SS SS Village Code Section(s): 230-33 Description of variance requested: Requesting an Area Variance for the RA-25 Zone for Minimum Lot Area for the two proposed lots. Proposed Lot "A", the proposed Lot Area is 24,741.50 Sq.Ft., a varignce of 281.50 Sq.Ft. is requested. Proposed Lot "B", the proposed Lot Area is 24,741.60 Sq.Ft., a variance of 281.40 Sq.Ft. is requested, (can use separate paper if necessary) Required setbacks: Proposed Setbacks: Variance Requested: Side Yard Total Side Yard Front Yard _F- ss ee re Rear Yard Lot Area (Lot "A") 25,000 SF 24,718.50 SF 281.50 SF Lot Area (Lot"B") 25000SF t—C~«*S 24,718.60SF 28140SF SCS” 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: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties; 2. Whether the benpfit 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 {listrict; 5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA but shall not necessarily preclyde the granting of the area variance. Please provide a detailed response to all five factors above: 1. The minor variamces for each lot will not create an undesirable change to the character of the neighboorhood. Theere are other properties with undersized lot areas lesg than the required. 2. We decided to have both lots have less than the required lot areas instead of only one lot having the deficiency. 3. The requested variances are 1.13% and very miniman. 4. As noted earlier, other adjacent properties are similar with undersized lot areas. 5. The difficutly ig not self-created as existing overall property contains 49,437.10 Sq.Ft. and we are shy 562.90 Sq.Ft. and the deeds metes and bounds dictate the size. , 7 (can use separate paper if necessary) . ZBA Application - Page 2 of 4 -Have any previous area variance applications been made? O yes Miro If so, give date: Description of previous variance: 2. special permits Village Code Section(s): special permits Des¢ription: 7 Explanation: (can use separate paper if necessa Have any previous special permit applications been made? Oyes (no Ifso, give date: Description of previous special permit: Village Code Section(s): Description of administrative decision or order (include copy): (can use separate paper if nécessary) —_ Date of decision or prder: Explanation of reason for appeal: (can use separate paper if necessar 4. Interpretatio Village Code Section(s): Description of proppsed project or improvement: Explanation/describ ew ZBA Application - Page 3 of 4 Village Code Section(s); Existing Use of Property: secsaneericoersnessnacc=— oes naeienmnmiceiMe Proposed Use of Property: — ee No use variance shall be granted by the ZBA without a showing by the applicant that applicable zoning regulations and restrictions have cased unnecessary hardship. These four criteria must be satisfied: 1. Applicant canndt realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence. 2. Alleged hardship relating to the property in question is unique and does 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: a "(can use separate paper if necessary) 7 Have any previous Use variance applications been made? Oyes Ono _ Ifso, give date: _ ee Description of previous use variance: Answer Questions (1-5): 1. [have submitted required number of copies + documentation. nes Ono 2. Drawings, elevation plans & surveys have been submitted ae O no 3. All required application information has been provided yes 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 aboye information is accurate, and I am the property owner or authorized by the owner to file this application on their behalf and that I 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 completioy,ofthe work. Ana tt) de 12/29 /a5~ Applicant’s Name (pleas¢ print) Applicantts 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 nuil 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: Mm YES 0 NO FOR VIL. AGE USEONEY, EE 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 C) Approved QO Denied CO) Denied Fee: $ . Date paid: \a| 20) QS Rec’d by: »fA_, ZBA Application - Page 4 of 4