Documents

application 5 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 368 S Riverside Dr DRAFT Resolution 5.27.25 368 S. Riverside Exhibit B Docs 2025 368 SRA Survey and Complete Set of Plans 2025

Zoning Board of Appeals Village of Croton-on-Hudson A ication (Z Engineering Department _ . Stanley H. Kellerhouse Municipal Building (Form # Eng §230 160) Cootos-on-Hhadeon, NY 10520-2501 Tel: 914- A enghiceriagiesctnecciindina-sty Sor (Revised 05 2024) Application Date: April 1, 2025 Application #: QOQISDLS ub Type of Application: pharea C Special Permit 0 Appeal C Interpretation O Use O Fence NYS SEOR (§617) Actions: O Typel- Submit long EAF and CAF TypeII- 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 CO Unlisted- Submit short EAF (long EAF may be required) and CAF Other Involved Agencies: ll Village Board i Planning Board) Other: eau SSS eee Property Information: Section: #¢ JQ (7% Block: 4 Lot: ¢ “1 \ Property Location (street address); 368 S. Riverside Ave Zoning District ORAS ORAI ORA2S5 ORA40~ ORB (2 family) O RC Multiple Residence Limited Office O 0-1 00-2 Commercial Cl Central im C2 General & Gateway overlay Other 0 LI Light Industrial O WC Waterfront 0 WD Waterfront Development Current Use: 01 Family O 2 Family O 3 Family O Multi Family © Vacant Lot Commercial/Other (description): Mixed Use Retail and 3 Residential units Applicant Information: (if other than owner, supply a letter from the property owner authorizing application) is Owner QO Tenant D Contractor/Vendor O Attorney C Engineer D Architect D Other: Last Name: Lippolis First Name: Joseph MI: M Company: 368 S Riverside LLC eee Address: 133 Grand St Croton, NY at hk Phone #: Cel: E-mail: Pe Property Owner: fl Same As Above ; Last Name: First Name: MI: Company: 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 shal! 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. Please note the application fee is non-refundable even in the event the application is withdrawn. 2.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. Ifa recent 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. ess SSS Village Code Section(s):__ 2- QO. 2B (2) (a CZ. \ Description of variance requested: See Attached oo eee eee eee eee (can use separate paper if necessary) Required setbacks: Proposed Setbacks: Variance Requested: Side Yard 0.0 FT or 10.0 FT 6.0 Ft Exisiting 4.0 FT 2nd Story Addition Total Side Yard Front Yard 25 FT Existing No Change 0.0 Rear Yard 0.0 FT or 10.0 Ft 1.7 Ft Existing 8.3 Ft 2nd Story Addition Max Height 35 Ft “2nd Story Addition 28 FT 00fT 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. Please provide a detailed response to all five factors above: The structure already exists and is not visible from the street No other method will provide the benefit sought existing structure is approx 475 sqft and no expansion vertically can be achived | do not believe so. The structure exists variance sought is to amend the current variance granted There is no adverse effect again the structure is existing and hidden from the street views south neighbor has block wall and no windows, North neighbor has no view restrictions West neighbor is the Wayne st Fire house and East neighbor is 368 S. Riverside The variance was granted for the existing structure. The amended variance will increase living space from a studio ( 1) person to one bedroom. (2 people) (can use separate paper if necessary) ZBA Application - Page 2 of 4 Have any previous area variance applications been made? Byes Ono Iso, give date: May 2019 Description of previous variance: Variance was approved. Please see attached Exhibit B eee eee eee eee eS Village Code Section(s): Special Permit Description: ; eee Explanation: See eee eS eee ; (can use separate paper if necessary) Have any previous special permit applications been made? Oyes Ono Ifso,givedate: Description of previous special permit: SEE SESS eee eee Village Code Section(s): Description of administrative decision or order (include copy): (can use separate paper jf necessary) Date of decision or order: Explanation of reason for appeal: (cah use separate paper if necessary) 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: eee Proposed Use of Property: es rnp 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: I. Applicant cannot realize a reasonable return, provided that lack of return is substantial as demo Strated by competent financial evidence. 2. Alleged hardship relating to the property in question is unique and does not apply to a stibstantial portion of the district or neighborhood. 3. Requested use variance, if granted, will not alter the essential character of the p ighborhood. 4. Alleged hardship has not been self-created. Provide additional Information for all four factors above: (can use sepgfate paper if necessary) Have any previous use variance applications been madg? Oyes Ono Ifso,givedate: Description of previous use variance: eee Answer Questions (1-5): 1. Ihave submitted required number of copies + documentation. Byes Ono 2. Drawings, elevation plans & surveys have been submitted Byes Ono 3. All required application information has been provided Byes Ono 4. Proof of ownership, if applicable, has been provided Byes Ono 5. Digital files of all documentation have been submitted yes 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 performance of the work or within one reac ert complet on of the work. Joseph Lippolis as 5 OL : April 01 2025 Applicant’s Name (please print) < tishe. 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 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: WY YES O NO FOR VII VILLAGE US USE ONLY: a a a — _ a Oe a Is lot an existing small lot? Oyes 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: 0] Approved C) Approved CO Denied o OD Denied Fee: $ 3 16° Date paid: i Rec’d by: A ZBA Application - Page 4 of 4 368 S Riverside Ave Zoning Board of Appeals Application Addendum 1. Area Variance Description of variance requested: An amendment to the variance that was previously issued. Summary: The above property was granted a variance by the ZBA, in May of 2021. The reason for the application at that time was to legalize the cottage as residential use. The structure, a converted garage space, built in the 30’s or 40’s, had been used as a residential unit for 40+ years under several owners. The cottage current use is that of a studio apartment benefiting one tenant. The request is to construct a second floor on to the existing structure allowing for improved living space and potential increase of tenants from one person to two. The proposed addition will be a one-bedroom unit with small office space. No parking variance will be required as the property has one space Currently for the cottage tenant and we are only requesting a one bedroom. The request is again to amend the existing variances to allow for the second floor. The footprint of the proposed addition will not change which currently exists. The structure is not visible from Riverside Ave. It is behind 368 $ Riverside, South neighbor with solid block wall, West neighbor Wayne St Firehouse and open to the North.