Documents › Zoning Board of Appeals, 2026-05-19

map survey 11 pages

Also attached to this agenda item: 40 Young Ave Fence DRAFT Resolution 2026

Zonin2 Board of Appeals Rec AD1Ucation (ZBA) A (Fonn # Eng-§230-160) PR 2 8 2026 Crotongn-Hudson, NY 10520-2501 Tel: 914-2714783 engineering@crotononhudson-ny.gov Application Date: _5_/_1_9/_2_0_2_6 ________ _ Engineers Office Application #: ___ _ (Revised 11.2025) '!\ii.: .,f Apµ:ication: D Area D Special Pennit D Appeal D Interpretation D Use Ii Fence NYS SEOR {§617) Actions: D Type I- Submit long EAF and CAF D Type 11- Not subject to SbȖK. (area variances for I, 2 and J iamiiy homes anJ ivl 1m.; ·,a,iui-....,.;.; .. , .. .! individual setback variances) EAF & CAF not required D Unlisted - Submit short EAF (long EAF may be required) and CAF Other r nvolved Agencies: □Village Board □Planning Board □Other: Property Information: Section: 79.13 Block: ...::2=--------- Lot: _4....:.5 _____ _ Property Location (street address): 40 Young Avenue. Croton-o_n-_H_u_d_so_n...:.... _N_Y_1_0_52_0 ______________ _ Zoning District Iii RAS Limited Office D 0-1 DRA9 00-2 Commercial Other D Cl Central D LI Light Industrial D RA25 D RA40 D RB (2 family) D RC Multiple Residence D C2 General D Gateway overlay D WC Waterfront D WD Waterfront Development Current Use: Ii I Family D 2 Family D 3 Family D Multi Family D Vacant Lot D Commercial/Other (description): __________ _ .•.;;;;!!.:.;mt foformation: (if other than owner, supply a lei/er from the properly owner authorizing application) ii Owner D Tenant D ContractorNendor D Attorney D Engineer □ Architect D Other: _________________ __ _ F• ,. , (',.,. 1 -.--- I I/_.,_ n-f• [ t •• ll:>l l'll1111C. -"'=-V=-•-=-":..:.":..::•'-'c....: .. ..;.•..;.•.:..:• ... ::.:.•"=----------- IV 1: Company: ______________________________________ _ Address: 40 Young Avenue. Croton-on-Hudson, NY 10520 Address: Phone#: Cell#: E-mail: Property Owner: iii Same As Above Last Name: __________ _ First Name: ________________ MI: ___ _ Company: ____________________________________ _ Address:--------------------------------------- Address: ______________________________________ _ Phone#: ________ Cell#: ________ E-mail: ________________ _ oeneral Application requirementp: I. Fonns & 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, _ .:._.: _: _:: ..:_ --···-··:.... , .. UJ• :,.., ., .. :, ... iȗtc.; .. iiit H,c:: applicalion. Appropriate photographs of the property and :;..;,,vuiidiiig j:i,Oj:ic.tk:; :;h0 ... ld be :;..;b;..;ttcd. P!c..:;c note the application fee is non-refundable even in the event the application is withdrawn. plan showing the size and location vf thȘ k,t, a site p!uit :;:.\:. hșe, !vȚ::.t:v;-; țf Ȝ!! !,;'"'ih.!:1·;e,..:, :::.:;d µ; ȝȞȟȠ;;;d [;,.ȡ;!;ȢȣȤȥ, 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 or. which it is claimed that the same should be granted, or the use for which the special pennit is sought. 3. Drawings, elevation plans, and surveys must reflect what is existing and what is proposed and must be submitted at ;!;;:. ǿ:.u .. ;,Ȁ .:.ti;,!i.:;.:-!.-:. ... !'".:.;!ȁi·,; Ȃ.:, ;!.:; :;o 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 :.;s,ȃ,Ȅ-, iJ.-,·.·.•.:ȅ-.. :.-.Ȇ·. ȇ.·. !:!. :.::. !.:-;..'! .. •. ! .. ·!.:.!- t:. .. .-! ;..-.-!:.:, ... / :0 1-.. ·.! 2! ... ·.,.._;· . .-.. 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 3rd Tuesday of each month at 7 PM. 7. ifthc ilpp;i1,;utiu1) i::. app1ov1.J O)' th¢ Zo11i11g Doard uf Appca:s a,h* ii tuildli;g pc.-1iiit is nC\7,fod, a separate application for the building permit will need to be submitted. 8. Appeal: shall be taken within 60 days after the filing ofany order, requirement, decision, interpretation or determination by filing with the; admiriist.-utiv·Ȉ vfu(;ial ari<l thi> ZDA, ia iiuti"''- uf u1-1p1.ul ::.p'-"'ify iuy t:11, y•uu11J::. uf appeal and relief sought. 10. Stay upon appeal: an appeal shall stay all proceedings in furtherance of the action appealed from, unless it is Jcic111,;11cJ l;l(ll i:,c .:,til_y wuu;..:: .:.au5,; ; ...... ;11\;lll l-''-1 ii lU i;fc Vl p1upc;d.y, ; .. wl,i.:.h "'ase, l)fu1,;c;c;ding:s :.hall not be appealed other than by a restraining order which may be granted by the ZBA or by a court of record on application. p. Area Variances! Village Code Section(s): _2_30_·_40_C __________________ _ Description of variance requested: we are requescng a va,,ance to lncteaso the allowal>le fence height alOng our property at the comer ot Young Avenue and Bene<lict Boulevald. The pre-;,ous owners. Jason and Trffany Cflan, roooivod a Zoniś Boord rcŜIUlion on 9113123 permitting the fence he:ghl Within this comet 11tea to be Increase<! from 30 inches to 48 inches, pro\llcled that the fe nce Is no more lhan 25% solid. This c,omer area extends 30 leet aloog bO(h Young and Benedict ana Is klentified as tile "11iengle· tn llle priot reso!ulion We are seeking approval to maintain this lncteased l1eJgnt allowance so mat a 48 lrlCh rence may be installed consistently within our propefty Side Yard Total Side Yard Front Yard Rear Yard Required setbacks: (can use separate paper if necessary) 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. 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 :-eq::ested 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 aJleged difficulty was self-created, which coii:;idcru:;v;. :;!";;.!! ȉ.: ,P:P-.-Ȋ1: :ȋ Ȍ:ȍ.: ȎP;,;:;ȏv;·. Ȑf::ȑȒ Z!:!: ȓ ... : Ȕ:·.ȕ:: ;·.Ȗ: necessarily preclude the granting of the area variance. Please provide a detailed response to all five factors above: nearby properties. 2. The benefit we are seeking from this variance cannot be achieved by another method. 3. The variance we are requesting is substantial as this is in regards to the section of fence 30 feet from the corner or Young and Benedict on each side. 4. The variance we are proposing wat no! have an adverse effect or impact on !he physical or environmental conditions in the nelghbortiood or district. 5. The difficulty alleged in this proposal refers to extending the maximum fence height within the requested section of our yard. ( can use separate paper if necessary) ZBA Application - Page 2 of 4 Fence Height 30 inches 48 inches 18 inches HaV-e any previous area variance applications been made? •· Description of previous variance: Iii yes D no If so, give date: _9_/1_3_!2._0_2_3 ____ _ '11e orew,us owne,s ol our home a1 40 Young Avenue were granted this same variance In 2023. Ø are reQUe#ing tt again because our tamuy now has a clear need for a secure. consistent fence. we have a four-monlll-<>k! <laughter who we want to salely enjoy ttle yard without the Ùsl< of approactling Young Avenue or Benedict Boulevard, ana we are also planning to get a dog. which requires a reliable endosure. TIie standard 30-lnch helght 11mtt dOes no1 provide any meaningful viSibility t>eneltt at this lntersectlOn Vehicles tuming lett or right from Young Avenue onto Benedlct Boulevard retain claar sighUines due to the roadWay layout ana center divider. A 48-inch fence constructed with no more than 25% solid area does not obstruct visibility for drivers or pedeseens. !2, Special Permiij Village Code Section(s): _____________________ _ Special Penn it Description:--------------------------------­ Explanation: ( can usc separate paper if necessary J Have any previous special pennit applications been made? Description of previous special permit: Dyes D no If so, give date: ________ _ p. Appeaij Village Code Section(s): ________________________ _ Description of administrative decision or order (include copy): ( can use separate paper if necessary) Date of decision or order: ______________ _ Explanation of reason for appeal: (can use separate paper if necessary) @. loterpretatio Village Code Section(s): ____________________ _ Description of proposed project or improvement: Explanation/describe request: ZBA Application • Page 3 of 4 &. The Variances! 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: I. Applicant cannot realize a reasonable 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 ƍ!ƎƏ vƐriMr.!':, if Ƒranted, will not alter the essential character of the neighborhood. 4. Alleged hardship has not been self-created. Provide additional Information for all four factors above: ( can use separate paper if necessary) Have any previous use variance applications been made? Description of previous use variance: Dyes D no If so, give date: ________ _ Answer Questions {1-5): I. I have submitted required number of copies + documentation. 2. Drawings, elevation plans & surveys have been submitted 3. All required application information 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 D no I certify that the above infonnation 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 injurj tƒ1i:lt 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 year after the completion of the w rk. ...l /,,... Cd CJ --,,----- 4/Jioa6 Applican£ eZ!print) t\ V\ (:) _.._...,"#...I.ll..-="--""--->,q,.,,"-"':.....:..._,,,.==--- Date Note: According to Section 230-164(E), "Unless work is commenced and diligently prosecuted within one (1) year of the date of tilt gru;;,i;;g uf u 11ui'iuuic. u,· .ijh: . .:,;u: pc,;;.;;,.,,.._:. ,;, .. :,f• .. · -:· , ..- ._ ;,,: i .. ... :: shall become null and void." For larger projects, a request can be made/or a variance from .§230-164(E)for o a two year period. I request a 2 year variance: □YES NO FOR VILLAGE USE ONLY: ls lot an existing small lot? □ yes D 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: Date: D Approved D Approved □ Denied uo l\ ·\ D Denied Fee:$ \'00 • Date paid: _\..: --""l>+-2S .=,..4Ɠ 6oc:...:'--" =-------- Rec'd by: Ɣft.... -..,_;,,,__ ___ _ ZBA Application - Page 4 of 4 RESOLUTION NOTICE IS HEREBY GIVEN THAT; Jason Chan, Owner-has applied to the Zoning Board of Appeals of the Village of Croton-on-Hudson for a variance from Village Zoning Code Section 230-40C for a proposed fence taller than 30 inches within the triangle at a street intersection and within 30 feet of the lot comer and for a variance from Village Zoning Code Section 230-40H for a fence over 4 feet in height in a front yard. The property, at 40 Young Ave, is located in a RA-5 Residential District and designated on the Tax Maps of the Village of Croton-on-Hudson as Section 79.13 Block 2 Lot 45. This proposed action is considered a Type II Action under the State Environmental Quality Review Act (SEQRA) therefore, no Negative Declaration is required. A public hearing having been held after due notice, this Board, after reviewing the application and viewing the premises and neighborhood concerned, finds: I. No undesirable change in the character of the neighborhood nor detriment to nearby properties will be produced by the granting of the variance. 2. The benefit sought by the applicant cannot be achieved by a method other than the requested variance. 3. The requested variance is substantial; but mitigated by the property line distance from the street. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty alleged by the applicant was self-created. NOW, THEREFORE, BE IT RESOLVED, that a variance for a fence taller than 30 inches within the triangle centered at the street lines and within 30 feet of the lot comer, be GRANTED subject to the following conditions, and further finds the variance granted herein is the minimum variance necessary and adequate. Motion: Mr. Tuman Second: Mr. Olcott Vote: A YES-5 NA YS-0 Condition(s): I. That, according to Section 230-164(E), "Unless work is commenced and diligently prosecuted within 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". 2. That, the variance is granted based on the plans and other documents submitted in support of the application. 3. That, the fence shall not exceed four feet in height and be 25% or less solid. 9/13/2023 W 103488 Lor 15 FEET S. 4-5 • oo· oo· w. Wa.oo ) ?i -< 'o ŗ ·o Ř BLUE AREAS SOLID FENCES ARE LIMITED TO 6 FEET IN HEIGHT. FENCES UP TO 8 FEET IN HEIGHT ARE ALLOWED IF NOT MORE THAN 25% SOLID CHAIN LINK OR SIMILAR) .... :0 0 "1'0 IJ)N ř<J t!) (JI C z . o. G') Ś PIUM15e,$ IIE.fU:.O>.I t.£tNG LO"f J.121 , e>LOCI( f 11 A5 $KOWN OJ.I fll.E.O l(lAP LQ 177C,. CER1'1F'I £0 '10 IIJYE.R COUNY'f ·nru: GUARA.N"fY f!,c }IIOR.fGAG E CO. A_)IO PEOPLE.$ B.._Nl< FOR. SAVINGS Ŝ ŝEW ROCHULE CMŞ.V.L.S OFFICE. OF £.OWAR.O J N'IAR.,-IIJ ,JR.. E.NGII.J!:.E.ş & SUR.VE.'l'OR.. Z I NOR.TH BR.OADWA'f tAR.R:<TOWN. I.I.'<. LOi e ui I I I l'RAl(IE OIVELLl>JG i. l .: t L01 I w. (IIACAOAM DRIVE GREEN AREAS ARE LIMITED TO 4 FEET IN HEIGHT, +----1FENCES CAN NOT BE MORE THAN 50% SOLID l> < fT1 z / - C ś (30 FEET'j'1 !::>O.00 130 FEET! YELLOW AREAS ARE LIMITED TO 30 INCHES IN HEIGHT, BENEDICT BOU L E VA R D FENCES CANNOT BE MORE THAN 50% SOLID. FENCES SHALL BE CONSTRUCTED WITH THE FINISHED SIDE FACING THE STREET OR NEIGHBORING PROPERTY. FRONT YARD SETBACK (15 FEET) APPLICABLE TO RA-5 DISTRICT FRONT YARD SETBACK IS 25 FEET IN RA-9 DISTRICT, 40 FEET IN RA-25 DISTRICT, 50 FEET IN AA-40 DISTRICT, 50 FEET IN RA-60 DISTRICT AND 20 FEET IN RB DISTRICT EY OF PROPERTY ..._ _____ -'------'------------REPARED FOR sc .... 1...E 1 • • 2.0• l-<IAR.. 31, 190G APR. <4, I9C.<o JULY 7, 1966 FINAL BALTIC ESTATES, INC. LOCATED IN THE VILLAGE OF CROTON•ON·HUOSON TOWN OF CORTLANDT WESTCHESTER COUNTY, N.Y. Name I Address Kate Saxton 40 Young Ave Croton, NY I 0520 Description We hereby propose to furnish the materials and perfonn the labor necessary for the installation of: Proposal Date Estimate# 4/21/2026 2018-13265 PO Box 1940 Ossining, NY l 0562 info@davesfeoces.com www.davesfences.com Rate Total In front yard install 170 ft of 4f high style Ovation aluminum in black with one 5ft wide walk gate and one 4ft wide walk gate 8,500.00 8,500.00 ••••**••• If you do two 4ft wide walk gates, you will save $50.00 •••••••••• All posts will be set 2 1/2 feet deep in concrete. 50% Deposit Required/ Balance Due Upon Completion FINAL PAYMENT IS DUE THE DAY OF COMPLETION Of JOB All prices quoted are valid for 30 days from the date of stated on the proposal All ins1allation dates are subject to change according to weather Dave's Fences is a proud member of the Better Business Bureau. We are fully licensed and insured. A specific rider in your name will be provided per your request. Fence will be installed in the location you specify. We are NOT responsible for incorrect location. Additionally, homeowner is responsible for obtaining all pem1its, if required. Any changes or additions will incur additional charges. Work will be started as outlined in our proposal, weather permitting. Special orders require additional time. Your job will be scheduled upon receipt of the 50% deposit, signed contract, materials and acceptance. Contract balance is due upon job completion. Total $8,500.00 ACCEPTANCE OF PROPOSAL I have read, accepted, and signed the terms and conditions included with this proposal. The above prices, specifications and conditions are satisfactory and hereby accepted, Dave's Fences is authorized to do the work as specified. Payments will be made as outlined ,,ith proposal. I understand we have lhe right to cancel this contract within 3 business days of acceptance Date _________ Signature _______________ Print Name" _______________ _ 40 YOUNG AVE ZBA APPLICATION: PROPOSED FENCE Same as neighbor's fence: 40 YOUNG AVE ZBA APPLICATION: PROPOSED FENCE 40 YOUNG AVE ZBA APPLICATION. PROPOSED FENCE