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Croton-on-Hudson, New York · Saturday, August 15, 2026· Aug 15, 2026
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1339 APR Accessory Apt Support Documents

document 11 pages Scanned/OCR — text may contain errors
Meeting: portal event 904 (no meeting page on file)
Agenda item: New Business — Weinstein, Martin & Gerald 118 1339 Albany Post Road (67.10-2-6) -- Legalization of Existing Accessory Apartment
Document, 11 pages. Attached to agenda item: “New Business — Weinstein, Martin & Gerald 118 1339 Albany Post Road (67.10-2-6) -- Legalization of Existing Accessory Apartment” (Text recovered by OCR — may contain errors.)
Retrieved 2026-04-15 from the village's meeting portal. View the original PDF ↗
A ~ 4 | e ( e fi ; Village of (mm Croton-on-Hudson Apartment Permit WN mmm Stanley H. Kellerhouse Municipal Building Seep One Van Wyck Street (Form # Eng-§230-41) Croton-on-Hudson, NY 10520-250! Tel: 914-271-4783 (Revised 12 2022) Application Date: (A) CA Application #: x ) pat { Y co 2 Property Information: Section: (7) [1 O Block: > Lot: (0 Property Location (street address): Zoning District (check one): 0 RA-5S O RA-9 0 RA-25 O RA-40 Py RA-60 0 RA-5 O RB O wDD Property Owner: . . Last Name: Weinster “ First Name: Cemlo § Marhn MI: Trust/Corporation/LLC: Address: 1234 A\lbanuy Post Road Address: Croton-on-Hudson 4 0524 Phone #: Cell #: ail: Type of Ownership: Check one type of ownership below and complete information: Bole Ownership D Joint Tenancy ) Tenants in Common O Tenancy in the Entirety Does the owner of the types listed above reside in one of the dwelling units as their primary residence? YES O NOC If yes, please provide documentation and complete the following: Owner Information (same as above ~J: Last Name: First Name: MI: Phone #: Cell #: E-mail: CQ LLC or Corporation: does the majority owner of the membership interest or share interest reside in one of the dwelling units as their primary residence? YES O NOO If yes, please provide documentation showing that the member or shareholder residing in the dwelling is the owner of the majority of the membership interest/share interest in the LLC or Corporation that owns the premises and complete the following: Majority Owner Information: Last Name: First Name: MIL: Current Address: Phone #: Cell #: E-mail: O Trust: does the Beneficiary or Grantor reside in one of the dwelling units as their primary residence? yes Ono0 If yes, please provide Trust documentation showing that the individual below is the beneficiary or grantor and complete the following: Trust Grantor or Beneficiary Information: Last Name: First Name: MI: Phone #: Cell #: E-mail: The granting of permit for Accessory Apartment is a Type II Action under SEQR Accessory Apartment Application - Page 1 of 2 Please answer the following: pools ~ Is this application for an existing accessory apartment? YES Noo Number of existing dwelling units on property. 2 Is this building a single-family detached dwelling? YES GYNOO Is there an existing Professional Office or Bed & Breakfast in the dwelling? YES 0 NO a Is the required survey of the property attached? YES 0 NO Are required scaled floor plans for the entire dwelling showing the proposed accessory apartment attached? YES 0 NOG ee wed What is the square footage of the entire habitable floor area of the existing single family detached dwelling? _/ 560 l vanance * 1\05 What is the square footage of the habitable floor area of the accessary apartment (400 sq. ft. min., 750 sq. ft. maximum or no more “~ te than 33% of habitable floor area of the dwelling? Yes (1S%0 SQET ace por VOnaner Are any additions to the single-family dwelling proposed? YES () NO &™ : If additions to the dwelling are proposed, are the required scaled plans (floor plans and elevation plans) for the addition attached? YES ONO & If an addition is proposed, does the building maintain the character and appearance of a single-family dwelling? YES O NO O (Vaes (elevation views of the existing building with the proposed addition shall be provided along pe pictures of the existing building) Does the accessory apartment have a separate entrance not observable from the street? YES M NO & Is there a single entrance with a foyer or hallway to the two dwelling units? YES DO NO G@ feat Is the residence currently connected to the Village’s sanitary sewer units? YES O NOG (werd eypproved sephe Sy ¢ ») Number of existing off street parking spaces (min of 3 required). 5 ; Does the off-street parking need to be expanded to satisfy the 3 required off street parking spaces? YES 1] NO EXT yes, show proposed additional off-street parking on survey or site plan. Note: in RAS zoning district, expansion of off-street parking is not permitted. Does the lot size conform to the requirements of the zoning district in which the lot is located YES EYNO OO), if no has a variance been granted by the Zoning Board of appeals. YES NO O NA a” Reauirements/conditions o Planning Board Approval (please contact Planning Board. Secretary for meeting dates) o Approval runs with the property owner. o Scaled floor plans with floor areas labeled shall be submitted o Please be advised that written notification by the Village will be given to property owners within 100 ft. of subject property prior to the Planning Board meeting. o Owner must occupy at least one of the dwelling units as their primary residence. o Approval will become null & void within ninety (90) days of any of the following events: * death of ail property owners = change in residence of all property owners who were residing in the house when permit was granted (Note: Planning Board may grant a 90-day extension for good cause) o Only one (1) accessory apartment per property containing a single-family detached dwelling o No accessory apartment shall be permitted on premises with a Professional Office or Bed & Breakfast use o Accessory apartment permitted only within the main structure o Habitable floor area shall be no less than 400 sq. ft. and no greater than the lesser of 750 sq. ft. or 33.3% of the habitable floor area of the dwelling. o The building shall maintain the character and appearance of a single-family dwelling. o If the premises are not served by the Village sewer system, Westchester Co. Dept. of Health approval required. o Please be advised that all necessary documents must be submitted (8 copies and PDF) and fee must be paid prior to review by the Planning Board. 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 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 appfication. , Marhn rdensterny Wl UD ih ules [23 Applicant's Name (please print) Applicant's Signature Date Corporate/Trust Name ipicese pet) Authorized Signature & Title Date FOR VILLAGE USE ONLY: j Fee $ av ’ ) Fee Paid (date): | Received by: ioe 2 — APPROVED BY: TITLE: ee DATE: Account review: O (zero Bal) O (other) Date: PB Notice date: Meeting date: Approval date: Accessory Apartment Application - Page 2 of 2 FINAL j “a RESOLUTION Gerald Weinstein, has applied to the Zoning Board of Appeals of the Village of Croton-on-Hudson, for an area variance from Section 230-41(H) (K) with respect to a proposed accessory apartment within a proposed accessory building and habitable floor area within an accessory apartment. The property, at 1339 Albany Post Road, is located in a RA-40 District and is designated on the Tax Maps of the Village as Section 67.10 Block 2 Lot 6. A public hearing having been held after due notice, this Board, based on the hearing, the application, and after viewing the premises and neighborhood concerned, and after much deliberation and extensive weighting of factors, and in the interest of retaining one of the few large tracts of land in its pristine state, finds for the applicant, as follows: This single parcel of approximately 18 acres of land has been owned by a series of owners since the 1920's. Today, the property is owned by Gerald Weinstein, his brother, and his brother's wife. it is one of the few large parcels of land within the Village, and is nearby the Brinton Brook’Sanctuary property of the Saw Mill River Audubon Society. The benefit sought by the applicant cannot be achieved by any other method. The hardship is self-created. However, if the applicant and his brother were to subdivide the property to allow for the construction, an additional septic system would be needed and there may be further disturbance to the natural environment. There will be no undesirable change to the character of the neighborhood. There were no objections to the application. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant's proposal creates the least amount of disturbance. There will be no trees removed. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby GRANTED as Riedy — Made Motion to Grant the application as follows: 1. Variance from Section 230-41(H) with respect to accessory apartments being permitted only within the main structure. 2. Variance from Section 230-9(A)(2) to allow 2" detached dwelling on one lot as an accessory apartment. (continued....) Page -2- ZBA Resolution 67.10-2-6 7/27/05 3. Variance of 810 sq. ft. is granted from Section 230-41(K) with respect to habitable floor area in order to permit a 1,560 sq. ft. accessory structure. 4. Variance from Section 230-40(A)(1)(a) of the Village Code with respect to Height requirements to allow the proposed accessory building to be 18 feet 7 inches in height. 5. Variances are granted contingent upon further approvals from the Village Board and Planning Board. Rolnick — Second the motion. : Vote: 3-0 - In Favor — Riedy, Rolnick, Stephens 7/27/05 According to Section 230-76 (D), “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.” On motion of TRUSTEE Steinberg, seconded by TRUSTEE Kane, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York: WHEREAS, Local Law No. | of 2005 transferred the authority for issuing special permits for accessory apartments from the Planning Board to the Board of Trustees; and WHEREAS, on July 27, 2005, the Zoning Board of Appeals issued a variance to Gerald Weinstein to allow a separate, detached building to be considered for an accessory apartment at 1339 Albany Post Road; and WHEREAS, Gerald Weinstein then applied for a special permit to the Village Board for a detached accessory apartment at 1339 Albany Post Road; and WHEREAS, this matter was referred to the Planning Board a recommendation; and WHEREAS, at the August 15, 2005 Regular Village Board Meeting a Public Hearing was called to be held on September 19, 2005, this meeting was duly noticed in the Village’s official newspapers, and neighbors within 200 feet were notified of this Public Hearing, and WHEREAS, the Village Board has received the evaluation from the Planning Board recommending the issuance of this special permit based on certain factors such as: e The detached accessory apartment will be located on an 18-acre parcel e There will be no tree cutting in the proposed location e There will be no blasting of sub-surface rock e The proposed structure will be located approximately 1,560 feet from the nearest property line NOW, THEREFORE BE IT RESOLVED: the Village Board of Trustees hereby issues the special permit for a detached accessory apartment at 1339 Albany Post Road to be valid for a period of three years from the date of this resolution, AND BE IT FURTHER RESOLVED: that the applicant must return to the Planning Board a Minor Site Plan review, AND BE IT FURTHER RESOLVED: the applicant must apply for a renewal of the special permit not later than three months before the expiration of this special permit, AND BE IT FURTHER RESOLVED: that upon the application of the renewal of the special permit the property will be subject to an inspection by the Village Engineer, AND BE IT FURTHER RESOLVED: that if this property is sold before that time the new property owners must meet the age requirements of the accessory apartment law or the permit will become invalid. September 19, 2005 Village of Croton-on-Hudson, New York Appeal fer a Variance Appeal for Determination To the Zoning Board of Appeals: . Appeal is hereby taken from the strict application of the 1979 Village of Croton-on-Hudson Zoning Law. and a varianee/determination is hereby requested in accordance with Article XH of the Zoning Law. Location of Property: Address: __ 1339 Albany Post Road Zoning District: RA - 40 Section: __ 67.10 Block: _ 2 Lot 6 Has any previous appeal been made? If so. give date and determination , _ None ; . Gwe relevant scction and paragraph of Zoning Law Paragraph 230-41 Statement of Facts - Reason‘for Appeal 1) Paragraph 230-41, Section I Vanance sought to detach accessory apartinent from main structure to a separate accessory apartment building 2. Paragraph 231-41, Section K: Vanance sought to increase detached accessor apartment building trom allowed 750 square feet habitable theor area by 810 square feet to a total of 1.560 square feet The existing main structtire measures an area of 6760 square feet Fee: $125.00 payable to the Village of __ \ae Rene Robert Muchler Architect and Planner Applicant or Agent S778 Mosholu Avenue Mailing Address Riverdale, NY 10471 __ _ Note Ten (10) copies of this appeal must be files together with ten (10) copies of all supporting ‘ documentation including surves or sketch sulfictent to describe the relief being sought, where appropriate Supporting Documentation ! The application must be filed with ten (10) copies of your appeal, together with ten (10) copies of all supporting documentation including survey. drawings, eles ation plans. etc , that are sufficient to describe the relief sought 2. Please be specific with respect to the ty pe of variance vou are requesting and give exact measurements with respect to the size of the vanance vou are requesting 3. Drawings and Surveys must reflect what is existing and what is proposed +. Please be certain to give all information requested on application. 5 Incomplete applications will not be accepted Section 7-712-b. 3(b) Area Variances Five Factors for Consideration: | Whether undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by the granting of an area variance 2. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursuc, 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. 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