Planning Board Approves Accessory Dwelling Unit at 129 Scenic Drive West, But Sewage Treatment Plant Ownership Remains a Mystery

The Croton Planning Board unanimously approved an accessory dwelling unit at 129 Scenic Drive West at its May 26 meeting, but the applicants must first solve an unusual problem: nobody seems to know who operates the private wastewater treatment plant that serves their subdivision.

Christine and Vicente Fernandez are converting the existing walkout basement of their home into a self-contained accessory apartment for Christine's parents, Diane and a co-owner listed in the application. The 763-square-foot apartment — well within the 800-square-foot maximum allowed under village code — will include a kitchen, bedroom, living area, and its own entrance through the garage. A 282-square-foot addition will house part of the new space, with a deck running across the back of the house. Christine Fernandez told the board the project grew from practical necessity. Her parents have been living in a makeshift basement studio since April 2023, sharing the main house's kitchen and laundry. With a two-year-old and a second child due in under three months, the family needs separate spaces to make multigenerational living work long-term. Fernandez's father has limited mobility, and the walkout basement with direct garage access was a key factor in choosing the home. The project required three approvals: a wetlands activity permit, a building envelope modification, and a minor site plan. Because the property is in the Baltic Estates subdivision, the building envelope — set when the subdivision was approved — supersedes the village's standard rear-yard setback. The addition extends 3.7 feet beyond that envelope line, which the Planning Board, not the Zoning Board, has authority to modify. Stormwater management also required attention. The project adds roughly 500 square feet of impervious surface from the new roof over the addition. Civil engineer Ralph Mastromonaco designed a rain garden to capture gutter runoff and disperse it on-site. The Water Control Commission reviewed the wetlands application on May 18 and recommended approval, with the condition that the rain garden be built before construction on the house begins. The Planning Board added that the rain garden must be designed to the satisfaction of Village Engineer Vincent Salanitro. The board also required the apartment to have a separate, distinguishable address — likely 129A — to ensure emergency services can locate the second residence. Salanitro said he would coordinate with the Town of Cortlandt assessor on how to properly designate the address. Steve Krisky raised a quality-of-life concern about light pollution from the commercial property across the street, noting its overhead lighting is bright and likely not compliant with any future dark skies code. He suggested the homeowners consider adding evergreen landscaping as a buffer — not as a condition, but as practical advice for their comfort and for future residents. Wastewater treatment plant ownership mystery

The most significant hurdle is a condition the board could not waive: the applicants must demonstrate that the private wastewater treatment plant serving Baltic Estates has capacity for the additional apartment. The problem is that nobody — not the applicants, not the village engineer, not the Town of Cortlandt — could determine who currently operates the plant. The facility was last known to be operated by Jonas Bastas, Inc., under a SPDES permit issued to Richard Bartzik that runs through April 2027. But Bartzik's phone number is disconnected. The applicants tracked down Bastas's son in California and brother in New York, both of whom said they have no involvement. The company's operating address has shifted to a North Carolina P.O. box. The Town of Cortlandt had no record of Jonas Bastas, Inc. "Somebody's getting the quarterly checks," Krisky said. "Somebody's gotta know something." The confusion has precedent. When the design center across the street was built roughly eight years ago, it attempted to connect to the same wastewater system but was turned down and had to install its own septic system instead. Salanitro committed to working with the applicants and the Cortlandt town engineer to identify the current operator. The SPDES permit on file with the state Department of Environmental Conservation may provide a lead. Until the operator is found and provides a capacity letter, no building permit can be issued. Other business The board approved minutes from its May 12 meeting with minor corrections, including a notation that Planning Board Chair Robert Luntz had received the Westchester Planning Federation's citizen planner award.

Krisky asked Salanitro about construction activity at the Van Cortlandt Manor entrance and parking area, noting that residents have been asking about the project but plans are not available on the village website. Salanitro said the project was approved years before his tenure and he would gather more information. The board met with three of five members present — Haynes, Krisky, and Ghegan — meaning all three votes were required for every action. Chair Rob Luntz was absent, and new member Seyed Hosseini was unable to attend. Attorney Joshua Subin served as legal counsel.