9 Bank St ZBA Application REDACTED
application
6 pages
Meeting: portal event 957 (no meeting page on file)
Agenda item: NEW BUSINESS — Heppner, Nancy, Owner-9 Banks Street-Located in RB 2-Family Residential District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 78.8 Blk 3 Lot 70. Request for a rear yard variance from Village Zoning Code Section 230-40(G)(2) for the construction of a rear deck on an existing small lot.
Application, 6 pages. Attached to agenda item: “NEW BUSINESS — Heppner, Nancy, Owner-9 Banks Street-Located in RB 2-Family Residential District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 78.8 Blk 3 Lot 70. Request for a rear yard vari”
Retrieved 2026-04-15 from the village's meeting portal.
View the original PDF ↗
Also attached to this agenda item:
9 Bank Map
Bank Street Site Pics
Deck Plan 2024
Neighbor Letter of Support 1
Nieghbor Letter of Support 2
Extracted text
Zoning Board of Appeals
R Application (ZBA)
EC E '•• # Eng-230-160)
Engineering Oeparlml'nt
Stanley H. Kdkrhouse Municipal Buildmg
One Van Wyck Street
Croton-on-Hudson. NY 10520-2501
Tel: 914-271-4783. Fax: 914-271-3790
APR 1 8 2024
neers Office
(Revised 6/6/2017)
Application Date: __ 4_.l....,\ ....
ü ... ,_c?Y
______ _
Application#: (Village Use) cDd-4D I 3:S
Type of Application: □Area
□Special Permit □Appeal
□Interpretation □Use D Fence
NYS SEQR (§617) Actions:
□ Type I -
Submit long EAF and CAF
XType 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
□ Unlisted -
Submit short EAF (long EAF may be required) and CAF
Other Involved Agencies:
□ Village Board
□ Planning Board
□Other ______________ _
Property Information:
Section
7,$ . i
Block
Lot __ 7L..D
=----
Property Location (street address) _q
--\-___..,Y
.,,,,,._Zo
L-!-\<...
.:.=_s.Sk
..::c.,.__ ___________________ _
Zone: Residence (I family)
Limited Office
Commercial
□RAS □ RA9 □ RA25
□ RA40 ºill (2 family) □ RC Multiple Residence
□ RA60
□ 0-1 □ 0-2
D CI Central
D C2 (.ic:nc:ral
□Gateway overlay
Other
□LI Light Industrial
□WC Waterfront □ WD Waterfront Development
Current Use:
» Family
D 2 Family
D3 Family
¼ Commercial/Other (description): _________________________ _
□Multi Family
□ Vacunt Lot
Applicant Information: (if other th,m owner, supply tt letter from the property owner a11thorizing application)
,Ji( Owner
D Tenant
□Contractor/Vender
□Attorney
□Engineer
□Architect
□Other:
Last Name: He ppoe ✓
Com an
Address: CJ -ýk.__,S+
First Name: Ng,..nC,
E-mail:
I tern Cell #: t.f/Y • Offtee#: 9
Fax#:
Property Owner:
J&f Same As Above
Last Name:
Com an
Address:
Home/Office#:
Cell#:
General Application requirements:
First Name:
Ml:
E-mail:
Ml:
I. Forms & fees: This completed application plus seven (7) copies (total of 8) plus eight (8) copies of the suppotting
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
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.
If a recent sale of the property has taken place, please submit proof of ownership.
5.
If you are in contract to purchase, please submit a notarized letter from the current owner stating that the applicant
has his/her pem1ission 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 datestor
Legal Noticing. ZBA meetings/hearings are usually held on the 2nd Wednesday of each month at 8 PM.
7.
If the application 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 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.
I 0. 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.
It. Area Variances!
Village Code Section(s): __ _.,ci
........
....... 0""'---Y_ù-
k
Q...,,, ,._j"""
2_
ú
+---------
Description of variance requested:
(can usc separate paper if necessary)
Side Yard
Total Side Yard
Front Yard
Rear Yard
Required setbacks:
Proposed Setbacks:
Variance Requested:
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:
I.
2.
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties;
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:
- i\-Al
----------------------·--------- --------------
( can usc separate paper if necessary)
Have any previous area variance applications been made?
Description of previous variance:
Dyes
[ja" no
If so, give date: _______ _
Village Code Section(s): ----------------
I 2. Special Permi
Special Permit Description:
Explanation:
------------------------------------
Have any previous special permit applications been 1
Description of previous special permit:
Dyes
□no
If so, give date: --------
- Appeal
Village Code Section(s): ___________________________ _
Description of administrative decision or order (include copy):
Date of decision or order:
( can use separate paper if necessary)
14. Interpretation!
Description of proposed project or improvement:----------------,,..-.::;-------------
Explanation/describe request:
(can use separate paper if necessary)
- Use Variances!
Village Code Section(s): ________ .,.....:::::::..... _______________ _
Existing Use of Property:-----------_..-::;. ___________________ _
Proposed Use of Prope11y: _______ ___,,.....:::::.,_ ______________________ _
No use variance shall be granted b
BA without a showing by the applicant that applicable zoning regulations and
sary hardship. These four criteria must be satisfied:
((}SE VARIANCES -- continued)
I.
Applicant cannot realize a reasonable return. provided that lack ofreturn 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 Infonnation for all four factors above.:...: ___________
,e.__ __________ _
Have any previous use variance applications be
Dyes
D no
If so, give date: _______ _
Description of previous use variance: ....,,.,,.;__ ___________________________ _
Answer Questions (1-5):
1.
J have submitted required number of copies + documentation
2.
Drawings, elevation plans & surveys have been submitted
3.
All required application infonnation has been provided
4.
Proof of ownership, if applicable, has been provided
5.
Digital files of all documentation have been submitted
Dyes
Ono
Dyes
D no
Dyes
Ono
Dyes
Ono
Dyes
Ono
I certify that the above infonnation is accurate and Jam 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 perfonnance of the work or within one year after the completion of the work.
N
4,s
Date
Note: According to Section 230-164(E), "Unless work is commenced and diligently prosecuted with one (I) 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 Section 230-164(E) for up to a two year period.
I request a 2 year period to commence work
O yes D no
(Below for Village use only)
Is lot an existing small lot?
'dyes O no
Note: If yes, lot area, lot depth and lot width exceptions are granted under Village Zoning Code 230-400
Decision Type: ____________ _
Decision Type: ____________ _
Date: ----------
□
Approved
□
Denied:
Fee:
$
Date: _________ _
□
Approved
□
Denied:
Date Paid: l-\( \, Q4
Rec'd by:_-L----
Stefanie Correale
From:
Sent:
To:
nheppner@aol.com
Friday, April 19, 2024 12:34 PM
Stefanie Correale; Ronald Wegner
Version 2: Additional information for the request for Variance - 9 Bank Street - Nancy
Heppner
20240418_131705Jpg;20240418_131900Jpg;20240418_131355Jpg
I ***CAUTION: External sender.*** I
As discussed, this version has expanded responses below. Do you have any other suggestions?
Thank you again for all of your help!
Nancy
Here are my answers to the 5 questions:
1) No, the project and the variance would produce absolutely no undesireable change in the
character of the neighborhood, and be no detriment to nearby properties, because the new deck
would be for personal use, completely within my backyard, which is quite private, and I intend it to be
attractive. FYI - I'm a retired senior citizen and I live alone. I have good relationships with my
neighbors.
2) No. The benefit that I seek is a deck with the best river view available to me within my
backyard. The spot that could best provide that benefit would be from the far end of the new deck,
elevated to the level of the existing back porch. I could not achieve this benefit without being elevated
and closer than 15' from the rear property line.
3) No, the requested area of the variance is not substantial. It is only 7', roughly half of the normal 15'
setback. It should also be noted that my neighbors' home on 10 Farrington is on a very deep lot, so
their house is not close to our property line, as shown in the 3rd photo below.
4) No, the proposed project and variance will have absolutely no adverse effect or impact on the
physical or environmental conditions in the neighborhood or district. As noted above, the new deck
would be for personal use, completely within my backyard, which is quite private, and I intend it to be
attractive. FYI - I'm a retired senior citizen and I live alone.
5) No, the "alleged" difficulty which the variance could resolve was not self-created. As you can see
from the survey, my lot and my backyard are quite small. The 2nd photo below shows that the view
from my backyard is limited by trees and buildings between me and the river. I have no control over
those obstacles; but there is a "sweet spot" in my yard with a fairly nice view. I have owned my home
for almost 30 years, and have not made changes that impact this project or have reduced my river
view.
Picture ending in 705 is the approximate location of the proposed new deck.
Picture ending in 900 is the river view from the proposed deck.
Picture ending in 355 is taken from the back porch of 9 Bank Street. The patch of yellow is the back
of 10 Farrington. This picture was taken today. There is more greenery between the 2 houses in the
summer.
.--- 8
.Hayor
SALVATORE P mnSALLO
Trustees
Village of Croton-on-Hudson, New York
ROBERT If' ELLIOTT
EDWARD H. GLASS
JOHN W HARBESON
ANN C. LINDAU
PO. Box 249
Municipal Building
Croton-on-Hudson,
NY 10520
(914) 271-4781-2
FAX (914) 271,2836
TO WHOM IT MAY CONCERN:
,Wan ager-Clerk
RICHARD F HERBEK
Treasurer
RICHARD j. CAMPBELL
Attorney
SEYMOUR M. WALDMAN
Engineer
PHILIP A. TULLY, PE., C.PC.A.
271-4783
September 24, 1991
Re: Sec. 28 Block 2i3 Lot 42
9 Bank Street
Please be advised that our records indicate that the
original improvements to the above-captioned
premises were constructed in 1892 or thereabout
prior to the adoption of Village zoning regulations
(effective July 28, 1931).
Consequently, no
Certificate of Occupancy for the original
improvements was issued, or required, and this
letter will serve in lieu thereof.
Any non
conformities of the original improvements with
respect to current bulk and parking regulations are
to be considered legally non-conforming.
Be further advised that the existing One-Family Use
is a permitted use in the RB Two-Family Residence
District in which located.
ssy
predate
0,. /I
' Q.,.si-e_
E Tully,
..
Machine-extracted for search and reference — the original PDF is the authoritative version.