12 Observatory Application 2024
application
6 pages
Scanned/OCR — text may contain errors
Meeting: portal event 942 (no meeting page on file)
Agenda item: New Business — Stephen & Amy Cappelli, Owners ---12 Observatory Drive---Located in a RA-9 Residential District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 79.9 Block 7 Lot 8. Request for a front yard variance from Village Zoning Code Section 230-33A for a 2nd-story addition.
Application, 6 pages. Attached to agenda item: “New Business — Stephen & Amy Cappelli, Owners ---12 Observatory Drive---Located in a RA-9 Residential District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 79.9 Block 7 Lot 8. Request for” (Text recovered by OCR — may contain errors.)
Retrieved 2026-04-15 from the village's meeting portal.
View the original PDF ↗
Also attached to this agenda item:
12 Observatory Plans and Pix 2024
Neighbor Letters of Support
Extracted text
NS Bee ie a Zoning Board of Appeals
Village of Croton-on-Hudson ECE! vApplication (ZBA)
> Engineering Department 7 7
ae Stanley Hy. Kellerhouse Municipal Building ff EB 2 1 2024 (Form ft Eng §230-160)
= ee One Van Wyck Street
Croton-on-Hudson, NY 10520-2501 u ineers Office
Tel: 914-271-4783 4ngi :
engincering@crotononhudson-ny gov g (Revised 06 2017)
Application Date: G24 |’ Application #: <2 COBYUOD | WO _
Type of Application: aes O Special Permit 0 Appeal Q Interpretation O Use O Fence
NYS SEOR (§617) Actions:
O Typel- Submit long EAF and CAF
O Typell- 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: O Village Board C) Planning Board © Other: _ a
Property Information: Section: | . Block: 71 __ Lot: &
Property Location (street address): “Deve
Zoning District ORAS WRAD ORA25 ORA40 ORB (2 family) O RC Multiple Residence
Limited Office OO-1 O 0-2 Riverside OC-1R(A) OC-1R(B)
Commercial 0 Ci Central C2 General 0 Gateway overlay
Other D LI Light Industrial CO WC Waterfront O WD Waterfront Development
Current Use: $1 Family 0) 2 Family 03 Family O Multi Family 0 Vacant Lot
0 Commercial/Other (description): ee 7 a
Applicant Information: (if other than owner, supply a letter from the property owner authorizing application)
Downer O Tenant © Contractor/Vendor
D Attorney Engineer 1 Architect © Other:
Last Name: ( ap pel First Name: Stephon 4 AW “A MI:
Company:
Address: | ose Veuve
Address: OTIN _N [0S 20
Phone #:7/4- 320 —4/ 92 Cell #: PIY-22Y- 2193 _ E-mail: pe O94 oplon Me - port
Property Owner: XSame As Above
Last Name: First Name: MI:
Company: __ — a : a
Address: _ ; - — a ——_—
Address: _ a ee ass : — = :
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.
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): _Q3O-33Q |
Description of variance requested: na “lie
Dr a ecpdseel SI" Sehr. ad Ao 0 On _2 visting, |
Sema date 2) . ‘ae a
(can use separate paper if necessary) /
Required setbacks: Proposed Setbacks: Variance Requested:
Side Yard ke
Total Side Yard __ifee
Front Yard 35 See eC LTE
Rear Yard
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 informatigg for all five factors above:
; : OS : (can use separate paper if necessary) _ _ - :
ZBA Application - Page 2 of 4
Have any previous area variance applications been made? Oyes Ono _Ifso, give date:
Description of previous variance:
Village Code Section(s); a
Special Peqnit Description: a a
Explanation:
re i iian san use separate paper if necessary)
Have any previous special permit applications been made? Oyes Ono _Ifso, give date:
Description of previous special permit:
B. Appeal Village Code Section(s): - a a
DescriptiOmof administrative decision or order (include copy):
SN (Canuse separate paper ifnecessaryy = ssts—S a
Date of decision or order: >
Explanation of reason for appeal:
— (can use separate paper if necessary) a.
Village Code Section(s): _ oe _ ——
Description of praposed 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 unneésessary hardship. These four criteria must be satisfied:
1. Applicant cannot realize a reaSanable 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 Miter the essential character of the neighborhood.
4, Alleged hardship has not been self-created.
Provide additional Information for all four factors above:
— BO oe (can use separate paper if necesSacy) 7 _
Have any previous use variance applications been made? res Ono 0, give date: 4 3 | \9 uf |
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 Clyes 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 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 wif the processing of the application, during construction or
performance of the,work or ry one year after the comg of the-work.
\\ Vw 2 Al 21 [a0
Afplicant’s Name (p int) Applicapes4 ignataye 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 0 NO
FORVILLAGEUSEONLY:
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 OC Approved
( Denied 50 enied
Fee: $ Ol 5 Date paid: Sy Se ie : Rec'd by: J 4
ZBA Application - Page 4 of 4
ZBA Meeting- March 14, 2024
12 Observatory Drive
1. An undesirable change will not be made to the neighborhood. The changes
made will be an asset to the surrounding homes. Any changes will improve the
appeal of the home.
2. We need a variance in order to make the improvement to the front of the home to
improve the curb appeal. This is the most cost effective method for the
improvement.
3. The requested variance is not substantial at all.
4. The proposed variance will not have an adverse effect or impact on the
neighborhood. The construction will make better use of an existing house.
5. The need for the variance was self created in order to make improvements on
the small structure. The small home needs a bigger open floor plan in order to
create more space within the home.
a os =e = bes
BOARD OF APPEALS
WESTCHESTER COUNTY, NEW YORK
RESOLUTION ON APPEAL
Herman W. Fechner , having appealed to this Board from |
a determination of the Building Inspector denying application for
permit to erect a building
on the premises known as _ Qhserwatory Driwe.. Ac.
Croton-on-Hudson, N.Y. in Sheet @ Block 43280n lots 6§
located ina = _B ____iDistrict as shown on the Building Zone Map;
AMOK MM AULT EERE AGO ee AL RE SO
Sots x i ‘(‘(‘(CtCtCtC(#C#C#C#C#C#”SCOC REGS.
3H , and the applicant having appeared by Herman W, Fechner
in support of said application and No Ono
appearing in opposition, and after due consideration it appearing to
the satisfaction of this Board that said appeal can ___—soibee:«grranted
—~ conditionally — without detriment to the health, safety, morals,
comfort, convenience or general welfare of the community, and that
the use applied for is a reasonable one for the premises involved;
that practical difficulties and unnecessary hardship would result in
carrying out the strict letter of the ordinance, and that by grant-
ing said appeal the spirit of the ordinance will be observed, public
safety secured and substantial justice done,
RESOLVED THAT Herman W, Fechner is hereby authorized to
erect a building less than required distance from a side
line in accordance with plans filed with the Bulliding
Inspector and approved by hin.
DATED _Apr4] 3,19 42 |
BOARD OF APPEALS OF EY wile
ekg : Chairman
I hereby certify the above to be a full, true, and correct copy of
a resolution duly adopted by the Board of Appeals of the Village of
Croton-on-Hudson on the date above mentioned, f#we sss
members of the Board being present and concurring.
ese < ice Ce
Machine-extracted for search and reference — the original PDF is the authoritative version.