Planning Board Meeting

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

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

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

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.

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

Well, after after the site was excavated and the foundation went in and the house was put up, I started to, you know, 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.

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

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

And and the walls that were ultimately built are property lines than the approved resolution

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

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 any of these walls rising to

The the rear the rear wall is a little over two feet less in height. And so

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?

Yes. That's what we're

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?

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

Yeah. Bottle. One that

was originally submitted just was

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

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.

And was there any discussion with the engineering department as this was happening or

during the process? Dan was there through most of the process, and then he left, and then he could go. The

walls happened subsequent to Dan leaving or prior to being leaving?

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

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.

That.

That's a whole structural modification. That You know? That was something that I know you know.

That was something that the engineering department felt was substantial enough that it came back to us as a site plan modification.

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

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

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

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

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.

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,

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.

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.

I'm gonna just learn something because I had a neighbor who had some steps going down

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

sure sure I'm if if

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

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.

Mark, what is the square footage of your property?

The property? I don't have all that information locked into my head.

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

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

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

referenced in his in his email. That one we measured, and I thought we were okay with that one. Right? I

don't remember seeing any measurements.

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.

I have a from the engineering department.

Well, the north side walls, we've got closer to the property line than originally approved. It remains compliant with applicable zoning requirements.

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

Do five plants 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

plants to be planted on-site plan.

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

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.

Right. Another suggestion is the corner sitting out front.

Why?

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.

So I would like to close-up loose

to to do be I'm

just gonna ask ask you

to

Yeah. I

That would be a question for me.

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, something of that nature.

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

issues that were raised in the letter.

And a number of them are are procedural anyway as opposed to

May I ask, is the retaining work, the wall work finished or

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

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

Just just plantings in spring.

And the plantings will be

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.

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

Anyway, the landscaping would have to be.

Yeah. I've got a horse. Put down put down, you know, grass.

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

the you have the you have the resolution up there from 2023 a minute ago. Right? Was there there conditions relating to landscaping?

Yeah. And in reference to the landscape plan,

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

Is that what was just shown?

That's this right here. Yes.

I think that was

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.

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

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?

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.

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.

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

Yeah. Yeah. I don't see any

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.

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?

$123. Oh, I noticed it

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

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?

What yeah. First one is still.

So Okay. Is that is that officially

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.

I

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.

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

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

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

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.

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.

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

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,

every month unless there's nothing to report,

any is good. Because sometimes

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.

Agree. Dark skies. Sorry. Yeah.

We could add that. And and what about, like, if you wanted to discuss, like, old planning board

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

I would. I think it's very useful

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

Us

Liaison update, I think. Liaison.

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

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.

Is not guaranteed to be included in the in in the meeting.

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

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

We're just at page three, the number four approval of minutes. Just that headline, draft minutes that we approved for that meeting

would have been the minutes of October

Let's see. Alright. Okay. Many you guys have been to the grand?

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

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

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.

Yeah. Yeah.