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Full Transcript

Planning Board Meeting

2025-12-09 — 4467 words, 7 speakers identified
2025-12-09 · Transcribed by Deepgram Nova-3 · Watch Video ↗ · Listen to Audio ↗
Automatically transcribed from the meeting video. Speaker names are identified where possible. Jump to a moment by clicking a timestamp, or use the audio player on any section.
0:05 Planning Board Chair 🎥

Alright.

So I will call the Village of Croton on Hudson planning board meeting

for,

Tuesday,

12/09/2025

to order.

First item on the agenda is a new business item.

It is 23

Nordica Drive, Mark Franzoso.

Amended

0:42 Speaker 1 🎥

Steve would like to make a brief statement before we start. I just wanted to disclose that with respect to this application,

I had had an unsolicited conversation with Russ Davies at Black Cow about around six, seven weeks ago,

which

1:19 Speaker 2 🎥

Why don't you tell us why you're here?

1:21 Mark Franzoso 🎥

I'm here because I was asked to come

back

with a

an amended site plan. And

I usually

submit an asphalt at the end of a project.

Really, in uncharted waters here, it was simple.

It looked like this.

1:43 Planning Board Chair 🎥

So I

think we have the original we have the original

resolution approval drawings

that many has up on the screen there. And

so maybe you can just describe what the changes from

what the approved plan was to what the

2:06 Mark Franzoso 🎥

Well, after

after the site was excavated and the foundation went in and the house was put up,

2:13 Planning Board Chair 🎥

I started to, you know,

2:15 Mark Franzoso 🎥

work on the outside landscape.

The wall that's shown there

to the left,

looking at it from the picture.

Right? To the left, we sort of like, contoured over just a little bit.

Right?

And then because the property came you know, it was it was slow.

So I terraced off both sides.

2:44 Planning Board Chair 🎥

And then on the right, you added some walls and stairs that Well to make a transition simple simple rear access to the back to the small back

2:54 Mark Franzoso 🎥

backyard. I mean, the patio that I put in, I it's only, I don't even, ten, twelve feet wide. Mhmm.

3:01 Planning Board Chair 🎥

And

and the walls that were

ultimately

built

are

property lines than the

approved resolution

3:16 Mark Franzoso 🎥

walls. Well, as you could see on the right hand side,

you know, I

it it is over a little bit, but, you know I mean, it's a fact the fact of, you know Yeah. So building. I mean, that's

you know, as I you know,

listen.

When you build a house and you finish off especially the outside, you know, you deal with the property and you mold it to, you know, to look as presentable and nice as possible. I mean you know?

And

3:48 Planning Board Chair 🎥

is there anything about any of these retaining walls that were built in in your opinion as the village engineer

that is

not

zoning compliant?

No. They're not.

Are

zoning compliant.

Tell us

about

the

how tall

4:15 Mark Franzoso 🎥

any of these walls rising to The the rear the rear wall is a little over two feet

less

in height.

And so

4:40 Planning Board Chair 🎥

I know we've had

structure, and that that required a building department and sometimes a variance.

I don't think there's I mean, in my just looking at the walls and sort of looking at the elevations here,

is there any of those walls that rise to that occasion?

5:48 Mark Franzoso 🎥

Yes. That's what we're

5:51 Speaker 2 🎥

I don't know what I mean. Thanks, Mark. What you're doing is just addressing the condition the field conditions

that you you encountered.

You you

I'm guessing you've done this sort of thing on other projects in the past where you Yeah. Modified the original plan. Yes. I have.

And, historically, how have you dealt with that, say, with the engineering department?

6:14 Mark Franzoso 🎥

I was just doing as well at the completion of the job.

You know, I have to have I didn't use link Joe Link on this one. I used Spinelli.

So I'll have him verify the corner points of the building. Right? It's part of the as well process, and I'll have him. Although I did have the come

out, and I believe,

Vinny, that he sent you a

signed and seal sealed

6:39 Speaker 4 🎥

Yeah. Bottle.

One that

6:50 Planning Board Chair 🎥

was originally submitted just was

7:05 Speaker 2 🎥

So,

Mark, when this does happen, encounter this. You

mentioned it to an engineer,

and you say

planes have changed slightly, we've got, say, this new

change to the site plan.

You're saying that in the past

that

as long as it doesn't represent a a large

modification,

you work that out with the engineer the village engineer. But if it's something substantial, it comes back to the planning board. Is that typically what you say? I

7:36 Mark Franzoso 🎥

yeah. It's

I I wouldn't consider this substantial, though. I mean, if you look at the plan that was approved in the beginning, like I said, once the hole was dug and the foundation went in, I mean,

to put a wall, was like a I don't know. It would be like suffocating the house, the one that was approved. So I I, you know, modified it to the to the condition of the property that I had left with.

8:04 Planning Board Chair 🎥

And was there any discussion with the engineering department

as this was happening or

8:10 Mark Franzoso 🎥

during the process? Dan was there through most of the process, and then he left, and then

he could go. The

8:18 Planning Board Chair 🎥

walls happened

subsequent to Dan leaving or prior to being leaving?

8:23 Mark Franzoso 🎥

They

started with Dan here. I mean, Ron was there on a couple of inspections.

You know? I mean, I I don't know what else to say. No. We're trying just to understand what the how the timeline, how it played out, and how we got to where we are here. I don't think anyone would ever come back,

right, during the process of building

for a revised plan with something simple like this here. I mean, I don't know if you maybe put a small addition on the house and made it bigger or put you know? I don't know. I I don't know what the

8:58 Planning Board Chair 🎥

I mean, I think that what we saw recently

as a a site plan modification

came back to us was this new building on Riverside where

they were building this

very large handicap area as part of their In the front of the building.

9:16 Speaker 1 🎥

That.

9:27 Mark Franzoso 🎥

That's a whole structural modification.

That You know?

That was something that I know you know.

9:35 Planning Board Chair 🎥

That was something that the engineering department felt was substantial

enough that it came back to us as a site plan modification.

9:44 Mark Franzoso 🎥

I would agree with that. And To be honest with you.

9:48 Planning Board Chair 🎥

Thank you. I do too.

I I think that it just comes down to,

for me,

discretion within the

the engineering department about whether or not they felt like this was substantial

enough

modification

to come back to us.

It's before us. So

I think it is at this point. But

10:19 Mark Franzoso 🎥

I would consider this part of the landscaping part of it. It's not a structural like, that was there's a big difference between what

they did over on Riverside and what I'm doing. Right.

You know, it's just part of the finished landscaping.

You know?

I think they look nice too. Yeah. So

10:49 Planning Board Chair 🎥

we did receive a

letter from

and I don't know if you've gotten a copy of this or not, from Levin Law Group

I have. Sort of outlining

a bunch of issues

that

opinions that I don't think this

board has.

Understand that there has been a lot of sort of

11:44 Mark Franzoso 🎥

animosity and problems with Just between both neighbors on each side. That's all.

The the person that it affects most

are the Friedens across the street,

Joey and Debbie. Mhmm. I mean, they love the walls.

I ran into him

at the Hudson oven on either Friday or Saturday.

And while he was waiting for his order,

I placed mine. We each had a cup of coffee, and,

you know, they're they're really nice people.

12:16 Speaker 2 🎥

So I just mentioned in this letter from the Levin Law Group that say the material one of the material points it's made is that

the current construction includes an unapproved permanent retaining wall near the property line with setbacks

under 12 feet,

13:01 Planning Board Chair 🎥

structured.

So that's my understanding. Is

there a setback for retaining walls? Not that I know of. He had walls on on property line very often.

13:14 Mark Franzoso 🎥

And that's what I've always

I did not read the letter. I, you know, didn't

think it was necessary to read it. Truthfully, it means retaining walls. I

mean, whether I I know the other guy on the other side, Davidson,

wanted to

have me stop working and then and come back wait two weeks to come back. And, you know, I didn't think that was fair. I did offer

Vinny to have

Dancy Garcia,

you know, measure the walls and place them on a a plan for you and get on the planning board.

13:50 Speaker 1 🎥

I'm gonna just learn something because I had a neighbor

who

had some steps going down

15:20 Mark Franzoso 🎥

Steve, were the were the steps that you referenced attached to a deck?

No.

Sometimes

it gives you things. I've been yeah. I've I've built hundreds of decks. I I appreciate what you're suggesting. That was not the situation. Was merely I know I know you can't

encroach on

property lines with decks.

Sure. Right. A that's a structure have never been an issue. Right. Is it not different for the

15:47 Speaker 5 🎥

sure sure

I'm if if

15:55 Speaker 4 🎥

I'm

line as far as I can tell. I didn't see anything from anybody there. Like, four feet not under a certain height. I

16:03 Mark Franzoso 🎥

did learn something

from Dan, though, which I was unaware of, that I could have built a portico

covering over the front porch four by eight without having to come back.

You know, I'd have to place it as an you know, on the on the final plan as an as built. I opted not to do that.

I don't know if you're interested in it, but the way the house was originally delivered, it was a little tiny a little jut out from the left hand side of the door,

and it had a little gutter

with a leader coming down in the corner, like, I don't know, maybe eight inches from the sideline. It looked ridiculous. So I reframed

and attached it to the right side

fascia board. So I just have a continuous gutter going down on one end, and I eliminated I eliminated one drain field.

I thought that made it a lot nicer also.

16:58 Speaker 6 🎥

Mark, what

17:01 Planning Board Chair 🎥

is the square footage of your property?

17:03 Mark Franzoso 🎥

The property? I

don't have all that information

locked into my head.

17:10 Speaker 6 🎥

And the wall is how much closer to the property line?

17:15 Mark Franzoso 🎥

I think we're Vinnie and I measured it. I think one side were okay.

I mean, I don't know. I I didn't measure. I I really can't answer that.

I know the the one wall that was

that started with Davidson

17:33 Planning Board Chair 🎥

with his and I don't know why he's not here. He's the one that, you know, I think started this whole thing, and that's the one that Davis

17:41 Mark Franzoso 🎥

referenced in his in

his email.

That one we measured, and I thought we were okay with that one. Right? I

17:52 Speaker 4 🎥

don't remember seeing any measurements.

17:54 Mark Franzoso 🎥

They are not they're on your property. So But I know the on the you can do with walls, so I, you know, I bought them.

18:02 Planning Board Chair 🎥

I have a from the engineering department.

18:07 Speaker 6 🎥

Well, the north side walls, we've got closer to the property line than originally approved.

It remains compliant

with applicable zoning requirements.

18:42 Mark Franzoso 🎥

Davidson.

Originally,

I think I don't know. I remember having this conversation with you, Rob. You you guys wanted five. I said two. We settled on three.

You know, I don't wanna make it look like I'm you know,

I know how to say it. I was gonna put in five, but, you know, this guy cried about the wall, and it sort of ticked me off. You know?

You know, I just felt that why go the extra mile?

I was gonna put five land five trees in.

You know? I I just I I know. This is so unnecessary.

It's unbelievable, to be honest with you. But

19:18 Speaker 6 🎥

Do five plants

19:19 Mark Franzoso 🎥

satisfy you in the argument? Well, the the plant says three.

Or, actually, the plant says two, but it's on the record that I would do three.

And I did plant three.

And I couldn't finish the I couldn't finish the plantings.

All the material, I I checked a couple of of

nurseries. I mean, I did hire the one company to do everything, but, you know, towards the end of season, they you know, it's just junk that's left.

So I'll do all the finished plantings and and, you know, color

in the spring.

So there's there's three

19:57 Speaker 2 🎥

plants to be planted on-site plan.

19:59 Planning Board Chair 🎥

Is that right? Oh, there's a landscape plan that he has to sure we just wanna

20:04 Mark Franzoso 🎥

them. Yeah. No. I did. I did on that side. There was nothing on this on on their side.

No plantings at all. I mean, there's a whole building lot between the two houses.

20:15 Planning Board Chair 🎥

Right.

Another suggestion

is the corner sitting out front.

20:21 Speaker 6 🎥

Why?

20:24 Mark Franzoso 🎥

It is. Yeah. I didn't notice that. Yeah. I mean, that's that could be moved. Yeah. I'll I'll move that. I'll move that. I'm writing back to the border saying I mean I didn't see a dumpster. I don't know if it's there or not. I didn't see it moving that hard. Right. But everything is piled up. It's all gone.

Oh oh, on the left hand side of the yeah. There's some straw hay and a couple of blocks that are left over. Yeah. I'm I'm trying to clean that up this week. I got rid of all of you know, we're we're just finishing. I'm just it's

just it's amazing. Two windows that I'm waiting for the

left side of the house have been back ordered for a month.

They were supposed to come in today. They're now coming in on Friday. I can't even finish that side of the siding.

And I started

a ConEd application in September.

It's an all electric house.

I opted to

and it's more energy efficient

and, you know,

earth friendly right now.

I don't have electricity.

It's 37 degrees in the house today.

I'm still waiting on Con to to power up the house.

And then now I'm regretting it because when Ed Con Ed, there were a few homeowners that wanted gas on the street.

And while while they were there, I had I had the Con Ed boys put a stub to my house.

And now I'm regretting not hooking up gas because I woulda had heat.

21:48 Speaker 1 🎥

So I would like to close-up loose

22:07 Planning Board Chair 🎥

to to do

be

I'm

22:12 Speaker 1 🎥

just gonna ask ask you

to

Yeah. I

24:24 Planning Board Chair 🎥

That would be a question for me.

24:28 Speaker 4 🎥

I think we had discussed it and whatnot. I would say, you know, just to prove if you are comfortable with the

plan for you, you could approve that, and that could be the new site plan that you have to conform with. So if he wants to change any other walls or stuff like that, it wouldn't conform.

I guess you can give, like, a little bit of

leeway or something if you wanted to. Like, you're allowed to

move a wall slightly,

24:55 Planning Board Chair 🎥

something of that nature. But I think just if you guys are comfortable with the amended site plan, that should cover most of the

25:02 Speaker 4 🎥

issues that were raised in the letter.

25:06 Planning Board Chair 🎥

And a number of them are are

procedural anyway as opposed to

25:38 Speaker 5 🎥

May I ask, is the retaining work,

the wall work finished or

25:44 Mark Franzoso 🎥

no more? Completely. No more walls? No more walls.

25:51 Speaker 2 🎥

Alright. So, Mark, you you you are comfortable with this site plan as well, and you don't anticipate any additional changes coming? No.

25:58 Mark Franzoso 🎥

Just just plantings

in spring.

26:03 Speaker 4 🎥

And the plantings will be

26:05 Mark Franzoso 🎥

as they were approved in the seventh fifteen? Well, that ends up. You know, there's a boxwoods at the top, you know, on the at the top of each wall.

I

don't think I wanna put a nice I don't know. I was anticipating a nice cherry tree to the left of the driveway. I don't know. Have you been over there lately? Because I just had I was lucky enough to get a driveway put in

with

with binder. I'll do a top coat in the spring also.

I don't wanna do a nice, you know, like a a weeping cherry tree,

I thought would be nice.

There is a a tree show there too.

26:40 Speaker 1 🎥

I don't know if it's called out.

26:49 Planning Board Chair 🎥

Anyway, the landscaping would have to be.

26:51 Mark Franzoso 🎥

Yeah. I've got a horse. Put down put

down, you know, grass.

27:54 Planning Board Chair 🎥

So I'll read it just because not everybody has a copy of it. It

says whereas the planning board

approved a minor site plan application on 06/20/2023

for Mark Franzoso,

the applicant

for

construction of a

new single family house, and whereas the subject property is located at

23 Nordica Drive in the RA 9

single family zoning district and designated on the tax map of the village of Croton Hudson as section

seventy nine point one three,

lot four,

lot sixty four n, whereas

the applicant application is for

amended minor site plan approval

for a revised retaining wall configuration,

which differs

from the retaining wall approved as part of the original minor site plan and

whereas this proposal is considered

type two action under the

state environmental quality

review act seeker.

Therefore, no negative

declaration is required.

And now, therefore, it it be resolved that the

amended minor site plan application is shown on the application dated

11/24/2025,

which is what is in our packet.

Photographs of existing conditions and drawing

number

one one entitled site plan prepared by CRCI

engineering PC of Yorktown.

Late last revision date,

11/21/2025.

Is that the one that we have on our on the table now?

K.

We approved with the following conditions.

One, that all conditions

listed on the minor site plan

resolution dated

06/20/2023

remain in effect.

So maybe we should just say all conditions listed on the minor site post resolution dated

06/20/2023

remain in effect,

And

31:31 Speaker 5 🎥

the you have the you have the resolution up there from 2023

a minute ago. Right? Was there

there conditions relating to landscaping?

32:04 Speaker 4 🎥

Yeah.

And in reference to the landscape plan,

32:09 Planning Board Chair 🎥

planting

plan, or about landscape architecture, 06/14/2022.

32:17 Speaker 5 🎥

Is that what was just shown?

32:18 Speaker 4 🎥

That's this right here. Yes.

32:27 Mark Franzoso 🎥

I think that was

32:28 Speaker 4 🎥

Yeah. That the landscaping shown on the plan be installed prior to issuance of a certificate of occupancy. Mhmm. Trees shall be protected with pre Trump armor.

32:37 Planning Board Chair 🎥

So that nature That's a typical Yeah. It's a typical stuff from the.

32:44 Speaker 5 🎥

Now

my question

for you, Seventh, is that

are you

do you agree that the

amount of change stuff here is

does does not rise to the level of being significant?

33:04 Planning Board Chair 🎥

That's Well, I think it's structural. It was significant enough in the opinion of the current village engineer that it should come back before us for a amended

minor site. So

I'm not questioning that. And I think that that

traditionally,

the village engineer has had quite a bit of latitude in terms of discretion about

site build conditions. I know

I've I've been a party too and seen where

pipes

of what is,

you know, built.

So, I mean,

it was

I think it's

my understanding is that the engineer's office has

made the determination that this didn't rise to the level of, you know, maybe

I mean, that need to be

minor site plan

amendment.

But it's not, like, we're starting over with an

adjustment to.

34:33 Speaker 4 🎥

That's that's correct.

Kind of like in a gray area,

I would say, where it's not the biggest change, but it's definitely not what was approved by this board in the past. So we took a conservative approach and

sent the applicant back for you guys to take a look and get comfortable with the new plan.

34:55 Planning Board Chair 🎥

And

you're comfortable with the walls as built and the third

35:01 Speaker 4 🎥

Yeah. Yeah. I don't see any

35:17 Speaker 2 🎥

an

amended

a minor site plan

for 23 Nordica Drive

with the

condition

the modified condition

that would state all conditions

listed in the minor site plan. Resolution dated 06/20/2023

remain in effect,

and then we add including the requirement for asphalt drawings

prior to issuing a certificate of occupancy.

35:55 Mark Franzoso 🎥

I just wanna say one thing. I commend Vinny for, you know, bringing his

rule of of

of

the building

experience

to our town. You know, like you you said before, you know, Dan needs some latitude. Yes. He did. And everything was was on the up and up and and brought to the forefront at the end with an ass belt, and that's that's the way I was going. So

just think, you know, we've got a good guy here in our in our building department here. You know? So I wish I wish a lot of luck to it. Appreciate that. I I do have one other thing here. Did anybody take a look at the porch?

36:37 Speaker 1 🎥

$123.

Oh, I noticed it

36:40 Mark Franzoso 🎥

Alright.

Thank you very much, everybody. Thanks a lot. Appreciate it. Oh, and I don't see you on the streets. Have a happy holiday. You too. Take care. Likewise.

So

36:59 Planning Board Chair 🎥

the other item that we have is

review of

our

rules

and

roll rules and procedures.

And I

was wondering what changed on it, and you just

alerted me to

the

changing

weeknight dates

for our meetings,

I think, which is has that been incorporated into this?

37:30 Speaker 1 🎥

What

yeah. First one is still.

37:35 Planning Board Chair 🎥

So Okay.

Is that

is that officially

37:41 Speaker 1 🎥

maybe

trustee Simon knows? Or are we officially second and fourth Tuesday going forward?

Starting next year? Right.

'26

is one.

H on the first page.

Six six h.

It's

yeah. It is there twice. Under Roman numeral six under h.

39:32 Speaker 2 🎥

I

39:36 Speaker 4 🎥

I mean, I would just say that I think that

that would be the ideal situation. They get a test twelve noon the day before,

But we can guarantee that that that would be put on. Things that come in after I mean, we're trying to get vomit. If someone sends something thirty minutes before the meeting, we can't guarantee that's gonna make it onto the chair. You know what I mean? Yeah. So maybe we put something like written communication

submitted 12

told me the day prior will,

like,

certainly be on

the meeting

materials

or something of that nature.

You can keep that and then just, you know, maybe

say, like, we will the staff will work to

include other communication as well

as time allows.

40:25 Speaker 2 🎥

Okay. And, I mean, can I give some leeway going on? Mean, this says that it will be included in the backup.

40:51 Speaker 1 🎥

Yeah. It's a little tight. It also doesn't allow you guys time to react,

40:56 Planning Board Chair 🎥

to bring whatever it is to the table that you might need to respond, particularly

41:00 Speaker 1 🎥

with a legal time. You know? So

it's a little tight. You know, it's weird that on one hand, we have it's twelve days ahead of time or ten days ahead of time. But, yeah, right up to the eleventh hour,

other stuff can be submitted that you need to review and that we should review.

41:30 Speaker 2 🎥

We might amend this is that, you know, we keep the wording in here about it being submitted twelve in the day prior, and then we can say anything received after that.

41:56 Speaker 4 🎥

It is, but I think we're the same page. I'm aware, you know, the goal is.

42:03 Speaker 1 🎥

I'd also make a suggestion that I was looking at

Romeo

the

suggesting

suggesting that we handle the agenda in a way that

prompts

anything we're liaison to Yeah. Exactly. Comment. Yeah. I know what you mean.

Well, discussion.

Yeah. Something general. I mean, we used to there was an issue for a long time that we would occasionally have

engineers and I what was the engineers report? Engineers report where at least we have the opportunity

to ask Dan for an update.

Wasn't necessarily,

oh, this needs to happen. It wasn't us saying

things that needed to happen. But, hey. Whatever happened with that application on such and such, is it moving forward anymore?

Or did they get their CO just informationally so in our minds, we can close the loop on stuff we've done in the past. So I think if it was simply under discussion

for in, you know,

his own reports Yeah. Something like that would be That would be good. That could be some a good way to go about it. Yeah. That's the agenda, like,

43:41 Planning Board Chair 🎥

every month unless there's nothing to report,

any is good. Because sometimes

44:02 Speaker 1 🎥

we don't have. Yeah. Right. Well, in a lot of times, you know, the CAC does their job well, and there's not always something substantive that

the planning board needs to know going

that.

44:20 Planning Board Chair 🎥

Agree. Dark skies. Sorry. Yeah.

44:24 Speaker 4 🎥

We could add that.

And and what about, like, if you wanted to discuss, like, old planning board

44:31 Planning Board Chair 🎥

plans that were approved that are in the process of being built that you're curious on? Do you wanna add that too?

44:36 Speaker 1 🎥

I would. I think it's very useful

44:40 Planning Board Chair 🎥

be.

That's where I've seen it. Yes.

Us

44:56 Speaker 4 🎥

Liaison update, I think. Liaison.

44:58 Speaker 1 🎥

Can can we can we make it

Leon liaison

slash engineer's report current, if any? Yes. That's good. Does that make sense? Yeah. Can you cover both bases? Okay.

Thank you. So

45:13 Speaker 2 🎥

just to let this wording on, if we get a written communication after twelve noon on Monday,

anything submitted after that time will be included.

45:36 Speaker 4 🎥

Is not guaranteed to be included in the

in in the meeting.

45:55 Speaker 2 🎥

What we're saying we would discuss it and we would present it to the claim. But should

we just say

if it's submitted

53:35 Speaker 1 🎥

And

on item seven I,

that

applicants are

they will not have a time limit to speak, but it's at the discretion

they're not flower pots. This isn't two spots. They're flower beds.

That's

on the you can't have the third line

55:13 Speaker 2 🎥

We're just at page

three,

the number four approval of minutes.

Just that headline, draft minutes

that we approved for that meeting

55:23 Planning Board Chair 🎥

would have been the minutes of October

Let's see. Alright. Okay.

Many you guys have been to the grand?

55:56 Speaker 1 🎥

Like, a couple of times now. Yeah. Twice. Super fun. Right? Super fun.

56:01 Speaker 4 🎥

Are you, like, walking there and you're like, hey.

56:03 Planning Board Chair 🎥

I just went Yeah.

I'm like, Williamsburg or something like that. Yeah. Know? When you walk back out, you're like, oh, we're back at Kroger. Yeah.

56:13 Mark Franzoso 🎥

Yeah. Yeah.