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application 9 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 71 Melrose Ave survey 1955 Shed pix

October 31, 2023 Members of the Zoning Board of Appeals, I am seeking approval for a variance on an existing shed. The shed, located in the rear yard, has been on the property since 1984. It is an already established part of the neighborhood and has not produced an undesirable change or become a detriment to nearby properties. We would like to keep our shed for storage purposes. Removing the shed would eliminate our storage area for any outdoor power tools, such as lawn mowers, garden tools and outdoor living furniture. The variance area requested is 3.33 feet and located in the rear yard. The shed is contained to the 71 Melrose Avenue property in the rear yard. The proposed variance will not affect the neighborhood. The shed is already an established building and will not have a negative impact in the neighborhood. The shed was built in 1984 when my father-in-law, Joseph Zajac, Sr., owned the house. He built the shed therefore, it was not self-created. I thank you for the opportunity to present this information for your consideration. tial a athy AT Applicant Tr! 0 = Zoning Board of Appeals ved ° ° Village of Croton-on-Hudson ee lication A > Engineering De t * 4 i] —_— ane H. Kellerhouse Municipal Building & 3 2923 (FormsEng55220,160) = ee One Van Wyck Street Croton-on-Hudson, NY 10520-2501 = Office Tel; 914-271-4783 ngineers Capitaine aepolomoniucdece ity gov (Revised 06 2017) Application Date: 2] a Application #: Qoaso0siO Type of Application: of Area 0 Special Permit © Appeal Q Interpretation 11 Use Uj Fence NYS SEQR (§617) Actions: O, TypeI- Submit long EAF and CAF A 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 (tong EAF may be required) and CAF Other Involved Agencies: Village Board 0) Planning Board O Other: __ Property Information: Section: {| « Block: _ == Lot: 3! Property Location (street address): 2 A’ : Zoning District rf RAS ORA9 ORA25 OGRA40 ORB (2 family) ORC Multiple Residence Limited Office 0 O-I oO O0-2 Commercial O C1 Central 0 C2 General 0 Gateway overlay Other O LI Light Industrial O WC Waterfront O WD Waterfront Development Current Use: b1 Family O 2 Family O 3 Family O Multi Family © Vacant Lot CO Commercial/Other (description): __ Dt ein He pe. ae ae Applicant Information: (if other than owner, supply a letter from the property owner authorizing application) O Owner O} Tenant O) Contractor/Vendor ao ( Attorney Engineer Architect Other: OW News 5 POrrSe_ Last Name: AD AC First Name: KK an th Y MI: f ) Company: A A) 5 Address: |B WOOBmMNE Konp Pine Be vole Kit 07056 Phone ad 12227 LO ) Cell #: g 3 21¢ #508 E-mail: TZAT AC | @& Op online .qae- Property Owner: C1 Same As Above A Last Name: 72.7 AC First Name: _. JOEY hb + Shar YN?) MI: Company: y / a a Address: [4 WMODWN IM Kbed Fie Bre oate Aff 0/0,S% Phone #: Sn LS aR <— ee mata ee es 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. 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. 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): Z 30 ~ 40fi C )B) Description of variance requested: . ( rn Sheds less dtan 5! Lrom lot bine, OO “(canuse separate paperifnecessary) == ts sssti—SsS Required setbacks: Proposed Setbacks: Variance Requested: Side Yard et Total Side Yard Front Yard Rear Yard DFE SR Seca 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 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. Provide additional information for all five factors above: OL PN INE ge (can use separate paper if necessary} ZBA Application - Page 2 of 4 Have any previous area variance applications been made? 0 yes yf no If so, give date: Description of previous variance: Village Code Section(s): 5 Special Permit Description: Explanation: (can use sefarate paper if necessary) Have any previous special permit applications been yiade? QOyes Ono _Ifso, give date: Description of previous special permit: Village Code Section(s); 2 elem es eee De Le Description of administrative decision or order (include copy): “(can use separle paper ifnecessary) | Date of decision or order: Explanation of reason for appeal: (can use separate paper if necessary) 4. Interpretatio Village Code Section(s): Description of proposed project or improvement: Explanation/describe request:: ZBA Application - Page 3 of 4 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 that applicable 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 ts substantial as demonstrated by competent financial evidence. 2. Alleged hardship relating to the property in question is unique and does nof apply to a substantial portion of the district or neighborhood. 3. Requested use variance, if granted, will not alter the essential charactef of the neighborhood. 4. Alleged hardship has not been self-created. Provide additional Information tor all four factors above: (can use s¢parate paper if necessary) Have any previous use variance applications been made? Cyes Ono _ Ifso, give date: Description of previous use variance: Answer Questions (1-5): 1. Ihave submitted required number of copies + documentation. at yes Ono 2. Drawings, elevation plans & surveys have been submitted es Ono 3. All required application information has been provided Dies Ono 4, Proof of ownership, if applicable, has been provided yes Ono 5. Digital files of all documentation have been submitted Dyes 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 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 perfo ce of the work or within one year after the completion of the work. Applicant’s N; (please print) Applicant’s Signa 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: 0 YES ONO FORVILLAGEUSEONLY: = 2 = aan ie 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: Oj Approved CO Approved 0) Denied C2) Denied Fee: $ 37 so Date paid: NEES Rec’d by:_ s 8 ZBA Application - Page 4 of 4 The Otiice of thh Westchester County Cleric This page is part of the instrument; the County Clerk will - me cei} on ‘he intormetion provided on this page for purposes ol indexing this instrument. To tre best of ‘submit 4's lnowledge, the information contained on this Recording and Endorsement Cover Page is *630543405DED001U" Westchester County Recording & Endorsement Page Submitter Information Name: Kenneth Pregno Agency Phone: 914-739-8293 Address 1: 2 South Division Street Fax: 914-739-0832 Address 2: Email: kpa@kpatitie.com City/State/Zip: Peekskill NY 10566 Reference for Submitter: Acc - Zajac ler trust to Zajac - 71 Metros: Document Details Control Number: 630543405 Document Type: Deed (DED) Package ID: 2023022300172001001 Document Page Count: 3 Total Page Count: 4 Parties [_] Additional Parties on Continuation page tst PARTY 2nd PARTY 13 KOVAROVIC BARBARA + individual 1: - ZAJAC JOSEPH Jr + Individual 2: _ BARBARA ZAJAC IRREVOCABLE TRUST - Other 2: — ZAJAG SHARON « Inefividual Property [| Additional Properties on Continuation page Street Address: 71 MELROSE AVE Tax Designation: 79.5-4-31 City/Town: CORTLANDT Village: CROTON-ON-HUDSON Cross- References |_| Additional Cross-Rets on Continuation page 1: 2: 3: 4: Supporting Documents 1: RP-5217 2: TP-584 Recording Fees Mortgage Taxes Statutory Recording Fee: $40.00 Document Date: Page Fee: $20.00 Mortgage Amount: Cross-Reference Fee: $0.00 Mortgage Affidavit Filing Fee: $0.00 Basic: $0.00 RP-5217 Filing Fee: $125.00 Westchester: $0.00 TP-584 Filing Fee: $5.00 Additional: $0.00 RPL 291 Notice Fee: $10.00 MTA: $0.00 Total Recording Fees Paid: $200.00 Special: $0.00 Transfer Taxes Yonkers: $0.00 Consideration: $0.00 Tota! Mortgage Tax: $0.00 Transfer Tax: $0.00 Mansion Tax: $0.00 Dwelling Type: Exempt: [] Transfer Tax Number: 1999 Serial #: RECORDED IN THE OFFICE OF THE WESTCHESTER COUNTY CLERK Record and Return To BET b : Pick-up at County Clerk's office EER Recorded: 00/12/2028 at 08:46 AM Oo p ty Y Ge XO) Control Number: 630543405 i uj Witness my hand and official seal vi TAS" Tw 5 MODICA-SNOW & PANCOTTI, ESQS. 104 GRAND STREET Timothy C.idoni er ae Croton-on-Hudson, NY 10520 Attn: DANIEL PANCOTTI, ESQ. — Bargain and Sale Deed, with Covenant against Grantor's Acts — Individual or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ‘THIS INDENTURE, made as of the \ uP dayof Mavil, __, in the year 2023 BETWEEN BARBARA KOVAROVIC, residing at 71 Quaker Bridge Rd., Croton-on-Hudson, NY 10520, as Trustee of THE BARBARA ZAJAC IRREVOCABLE TRUST, 71 Melrose Ave., Croton-on-Hudson, NY 10520 party of the first part, and JOSEPH ZAJAC, JR., 19 Woodmont Rd., Pine Brook, NJ 07058 and SHARON ZAJAC, 6 Magaolia-Axe., Gloucester, MA 01930, as tenants in common Néutton Re. party of the second part, ew WITNESSETH, that the party of the first part, in consideration of -------------------—-—--Ten ($10.00)----——-----—-------~ a omemirreree cena mnennaaenew ann nasenencnrerranensiaransntn mnnarnemnensnannenanemetanscunamerenaccrevecareranrecerscene GOHlars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule A Attached BEING AND INTENDED TO BE THE SAME PREMISES AS CONVEYED IN DEED DATED 7/9/2020 AND RECORDED 7/17/202 IN THE WESTCHESTER COUNTY CLERK’S OFFICE IN CONTROL #601883889. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and tights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word “party” shall be construed as if it tead “parties” whenever the sensc of this indentuse so requires. : IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ~ BARBARA K ROVIC, Trustee SCHEDULE A All that certain plot, piece or parcel, situate and being in the Village of Croton-on-Hudson, Town of Cortlandt, State of New York, known and designated as block 142, lots 1, 2, 3, and 4, as shown on map entitted “Plan of lots called Harmon, surveyed for Wood, Harmon & Co.,” made by Lewis T. Haney, CC & S., dated 1907 and filed February 5, 1908 as map no. 1776 in the office of the Clerk of the County of Westchester. Reserving unto the seller herein the right to connect to the sanitary sewer of the Village of Croton- on-Hudson, New York, located on lot 4 of the premises herein sold. Subject to a twelve foot easement heretofore granted to the Village of Croton-on-Hudson, New York by the party of the first part. oy ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York, County of Westchester, $8: State of New York, County of , ss: Onthe \ day of Nave in the year 2023, On the day of in the year 2023, before me, the undersigned, personally appeared BARBARA | before me, the undersigned, personally , personally known to me or KOVAROVIC, personally known to me or proved to me on the | proved to me on the basis of satisfactory evidence to be the individual basis of satisfactory evidence to be the individual who name is | whose name is subscribed to the within instrument and acknowledged subscribed to the within instrument and acknowledged to me that he | to me that she executed the same in her capacity, and that by her executed the same in his capacity, and that by his signature on the | signature on the instrument, the individual, or the person upon behalf instrument, the individual, or the person upon behalf of which the | of which the individual acted, executed the instrument. individual acted, evecyted the i\siryment. \Y wa (signature and office of individuai/taking acknowledgment) (signature and office of individual taking acknowledgment) : iti Daniel Panco x Notary Public, State Oe ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK Reg. No. 02PA6 ter County STATE q in Westches' e' A Qualifies ton Expires 05125/202 issio Commis! *State of , County of » $3: *(Or insert District of Columbia, Territory, Possession or Foreign County) ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE On the day of in the year 2016, before me the undersigned personally appeared » personally State of , County of » SS: known to mc or proved to me on the basis of satisfactory evidence to *(Or insert District of Columbia, Territory, Possession or Foreign | be the individual(s) whose name(s) is (are) subscribed to the within County) instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/heir signature(s) On the day of in the year 2016, before | on the instrument, the individual(s) or the person upon behalf of me the undersigned personally appeared + personally known | which the individual(s) acted, executed the instrument, and that such to me or proved to me on the basis of satisfactory evidence to be the | individual make such appearance before the undersigned in the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that | (add the city or political subdivision and the state or country or other by his signature on the instrument, the individual or the person upon place the acknowledgement was taken). behalf of which the individual acted, executed the instrument, and that such individual make such appearance before the undersigned in ai re and office of individual taking acknowledgment) the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). (signature and office of individual taking acknowledgment) Bargain and Sale Deed SECTION 195 with covenant against Grantors Acts BLOCK A LoT 31 J, AS; . COUNTY OR TOWN: WESTCHESTER TitleNo, A1CCOM VY QuC0770 ADDRESS: 71 Melrose Ave., Croton-on-Hudson, NY 10520 THE BARBARA ZAJAC IRREVOCABLE TRUST RETURN BY MAIL TO: TO ZAJAC Daniel Pancotti, Esq. MODICA-SNOW & PANCOTTI, P.C. 104 Grand Street