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Croton-on-Hudson, New York
Full Transcript

Zoning Board of Appeals Meeting

2026-01-20 — 3080 words, 10 speakers identified
· 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.
0:15 James Tuman 🎥

Thank you. Good evening, everyone. Welcome to the Tuesday, 01/20/2026 meeting of the Croton-on-Hudson zoning board of appeals. Before we start, Just so everyone, in case of an emergency, we have two exits, one there and one there. We have two originally, we had two items on the agenda, but we got an email late this afternoon, early this evening, that the second the 52 Mount Airy Road application, which, I know some people are here for, the applicant requested an adjournment of this application until the next meeting, which is February 17. So anyone who's here for that application now is free to leave because we won't be talking about it at all.

1:08 Public Speaker (52 Mt Airy Rd neighbor) 🎥

Am I allowed to ask a question?

1:11 James Tuman 🎥

Yes. Go ahead.

1:14 Public Speaker (52 Mt Airy Rd neighbor) 🎥

So we can assume that we won't see any movement on this project until then. Right? I mean, if we see something?

1:22 James Tuman 🎥

There'll be no physical construction if that's what you're talking about. Right? Yeah. I mean Just just so you understand, there is, this is the first step, the zoning board, and then it has to go to the planning board. So it's it's not something that's gonna happen overnight. It's not something you're gonna suddenly wake up and you're gonna see something. Okay. It's it's a process.

1:46 ZBA Board Member 🎥

And we'll talk It may be important to note that the property already has a building permit for doing modifications to the original structure.

1:56 James Tuman 🎥

Yes. It's currently the yeah. Obviously, know, there's So you may see some Construction going on there. And and, you know, obviously, that is

troubling to you.

2:07 Public Speaker (52 Mt Airy Rd neighbor) 🎥

Well, that's the part that makes me a little worried because they're already doing construction. So it's like I don't know. Yeah. Well,

2:17 James Tuman 🎥

I mean, the building department isn't is is is they're looking at things. And Okay. Cool. You know, I I I think that that's that's just the best best thing. And, they're they don't wanna do anything that's not legal

since they're they're just starting the process of this approval. Yes. Go ahead.

2:45 Stuart Greenbaum 🎥

Yes. I I I certainly agree that the building department has already received some notice about activities that are going on there that may need a permit, and such activities may have already received a permit or not. And I'm specifically talking about mature trees that have already been cut down on some of my neighbor's property. So I've already approached the engineer's office to please just take a look and do a site visit. Also, the other thing that I would hope

that my colleagues among the zoning board of appeals does is to please do a site visit at the property that is involved in some of the properties, mine in particular,

that's involved, particularly 48 Mount Airy Road, is is very, very concerned about and eager to provide whatever input I can on the seventeenth. But prior to that, I think, rather than I have some photos which I will give to you if that's appropriate.

3:51 James Tuman 🎥

Well, let's let's wait until we have the actual application so we can comment on it. We're all speculating right now. We don't know what they're gonna if they're gonna come back with something different. You'll have ample time. The next meeting, they'll present the application, and then we'll open it to a public hearing where people can talk and and give their opinions and and and their their thoughts on things. Very good.

4:18 Stuart Greenbaum 🎥

So the I'm just merely suggesting a site visit prior to that.

4:22 James Tuman 🎥

Yeah. That's that's something

we'll take under consideration.

4:26 Stuart Greenbaum 🎥

Thank you. I appreciate that. Thank you. May I yeah. That's enough. Thank you very much. Thank you.

4:33 James Tuman 🎥

Okay. So

if

43 Riverview Trail can come. Maybe

wait a second till everyone walks out to

Okay. It's quiet now. So Good evening. My name leaving. Sometimes it gets a little when doors are open and people are talking on the way out.

5:28 Norm Jansa 🎥

My name is Norm Jansa with Westchester Modular Construction. This is our second

time around at the variance meetings, representing Roseanne. Roseanne here. So, Ron came back to us and Vinny that, the actual zoning states that we should not have a door on the main, facade of the, new ADU that we are proposing,

and it should be on the side. There's a lot of going back and forth about what the actual zoning says. We, read it as, meaning that it's an apartment that's attached to a house, to the exact the actual house, but this is an actual cottage. It seems like the building department is reading it as no matter if it is a cottage or if it's a, attached to the house that there should not be a front door on the front facade, and it should be around the side. We are asking for a variance to allow, the placement of the front door on the street side of this ADU unit.

And like I said, the main idea is that it's a, it's a cottage. So it's that separate.

And this precedent for the ADU that is there that has an actual door to the to the street or facade.

7:00 Rosanne MacDonald 🎥

It's actually facing the driveway.

It has two front doors.

That the cottage right now has two front doors. We're just gonna have one. My door faces this way to the driveway. The cottage will be facing the opposite. So either way, the doors will not be facing each other. I don't see a problem there. And I actually spoke with

Brian because I read the code. And, you know, it does say accessory apartment. It doesn't say accessory cottage. So the for me, the meaning of that code is you don't want two front doors when you have an accessory apartment on the main building. So Brian said after he spoke to the engineering department, they were just interpreting the code to include the cottage, but the verbiage does not include an accessory cottage. If you read the code that And I think the fact that we have an existing structure that is listed as a summer cottage that has two doors already even though that's coming down. Right. And on either side of the cottage that's there now where the ADU will be going, there's mountains. So if you're looking at it this way, on one side, I would be coming in where the garbage receptacle is. And on the other side, my door would be flanked by three propane tanks for my mother's in home generator. So there's no side exit, access,

8:52 James Tuman 🎥

you know, that makes sense. So if I understand this correctly, is there's no there's nothing in the zoning code that distinguishes between a separate cottage

9:02 Rosanne MacDonald 🎥

Nope.

9:03 James Tuman 🎥

And an accessory attached dwelling unit. The code and I called

9:08 Rosanne MacDonald 🎥

because Dean, who works with Norm, called me and said that our meeting with the building the the planning board, which is scheduled for next week, was being pushed to February. And I said that's unacceptable because I had said we were on a tight timeline. Right. And they the building department did not realize the front door access, so we could have gotten the variance when we were here

two or three weeks ago.

9:43 Doug Olcott 🎥

That level of detail in the plans, Ross. It it came in late. We did.

9:48 James Tuman 🎥

But we I don't think we just focused on it. We're focusing on we're focusing on the yeah. Brian was very helpful and,

9:55 Rosanne MacDonald 🎥

you know, put us on the the calendar for today.

10:00 James Tuman 🎥

But again Ethan wasn't here last week last last month. So I don't know if you know anything about this past variance. Just from the written meeting minutes. Right. Right. So so you see you can see on the plan, the cottage

10:17 Rosanne MacDonald 🎥

Right. Goes to the street. I just wanna know, I mean, if the code is written just for an accessory apartment, to me, that's not open for interpretation. It should specifically say an accessory cottage because the way it's worded is that you don't want two front doors on the primary building. Right. Right. And that's not what we're doing. Right. Right.

10:41 James Tuman 🎥

Okay. I think I understand what's going on. I don't really have any any questions. Thank you. Anyone else have questions on this?

10:48 ZBA Board Member 🎥

What would then can you remind us the nature of the prior variances? I believe

10:52 James Tuman 🎥

one of them was for to have A height variance. Height variance.

10:57 Doug Olcott 🎥

And also what we structure closer to the principal residence. The setback, I think. Yeah. Closer to the road Yeah. Than the actual primary residence. That's what I recall. Right. And that's what we granted the variance last month for. Because I don't think it was what was they're they're just doing what they proposed to begin with. They didn't change anything up. We just didn't focus on that. Yeah. There's no changes. Everything's everything's subject to interpretation. That's our job. So

11:23 Ron Wegner 🎥

Well

11:24 James Tuman 🎥

Right. Okay. I I I think I understand it. I don't anybody else have any questions for the applicant? Okay. So we'll open the public hearing. Does anyone like to speak on this application?

Not that young girl. She doesn't have any questions.

Okay. So we'll close the the the public, and we'll discuss what people think. Any issues?

11:59 ZBA Board Member 🎥

I have no issues with it. I think it's, it was indicated on the plan that was submitted last time. We already granted the variance for being in front of the primary residence, and I think it it just goes with that. And I think it would look strange having them the front door and the side. So I think I think it's fine.

12:18 Doug Olcott 🎥

Yeah. For aesthetics as well. Yeah. I agree. I think it would look look funny with it on the side. And I you know, And also screws like the inside.

12:27 Ethan Lewis 🎥

I'm sorry. What was the problem on the side?

12:31 Rosanne MacDonald 🎥

There's two hills on either side. Oh, those mounds? Okay. And on one of the mounds is where the garbage receptacle is, and on the other side is my mother has a in home generator, a whole home generator. So there's three propane tanks. They're huge. They're huge. And I wouldn't want my front door to be close to those as well. And, also, I think you would have to put the stairs, the steps on that side so that also would be more of an impact on We would have to do a lot of digging and grading, and it just wouldn't be a step. It is a more functional.

13:07 Doug Olcott 🎥

Has this popped up before about the Yeah. I'm wondering why this didn't pop up on Van Wyck.

13:13 Ron Wegner 🎥

Because maybe they didn't On Van Wyck? That's The accessory is behind, and the one the cottage in the back is behind the primary house. You really can't see it. Same with one zero three Hastings.

13:28 Rosanne MacDonald 🎥

Okay. It's right behind the house. I got I got it. Right. And we're on a dead end street.

13:34 James Tuman 🎥

Right. A cul de sac. So Okay. Does someone wanna make a motion?

13:40 Doug Olcott 🎥

I'll make a motion to approve approve the variance for, front end for accessory cottage.

13:48 ZBA Board Member 🎥

Second the motion.

13:50 James Tuman 🎥

All in favor? Aye. Aye. Thank

you.

13:54 Norm Jansa 🎥

Thank you so much. Thank you. We appreciate it.

13:59 James Tuman 🎥

That's my job. So Okay.

14:04 Public Speaker (52 Mt Airy Rd parent) 🎥

But I I'll wait till it's the right time.

14:07 James Tuman 🎥

Well, now is the right time. Because are you here for the second one?

14:11 Public Speaker (52 Mt Airy Rd parent) 🎥

No. We were here we were part of that group that just that was adorned because of the Okay. Okay. So as soon as we got

14:18 James Tuman 🎥

You're all set. Thank you. Thank you so much. Thank you.

14:22 Public Speaker (52 Mt Airy Rd parent) 🎥

As soon as we got outside, we realized we we all have, like, children, and that's school vacation week. So almost all of us are going to be out of town. You know, we had planned to go. And I just wonder if there's any, possibility of having it at that time that's not during the school vacation.

14:37 James Tuman 🎥

I don't know how that would the the the application date is based on when the applicant wants to submit, not right? Typically, Ron?

14:48 Ron Wegner 🎥

Right. The applicant applicant makes the submittal, and it's it's the regularly scheduled meeting.

That being said,

there there will be an open public hearing. I don't know if it's gonna close that quick considering.

15:13 James Tuman 🎥

Well, also, if we discuss next month about doing a site visit Right. And then that will push it off a decision off into March, and we'll keep the public hearing open and then come back in March. Okay. Because I I I think it's probably pretty likely once once this all shakes out that we will have a a site visit. Yes. Okay. And so we'll have that well, next month, if the applicant comes back, they'll present it. We'll open the public hearing. Yes.

15:45 Doug Olcott 🎥

And We wouldn't really have the site visit as one of your neighbors suggested before we have an official application. Right. Because we yeah. That makes sense. So he's withdrawing it so he could change it. That could change what he The concern is that he would he would present

16:02 Public Speaker (52 Mt Airy Rd neighbor) 🎥

next meeting, and none of us would be here to offer our Right. I'm I'm sorry. I need I need the lawyerly language to say it the right way. Well, that would be president. So so no one's gonna be president, but he's present and you're making decisions

16:18 James Tuman 🎥

No. We're not making decision. We're saying that it's likely to have have a site visit. Likely,

how I can know. I I'm not I'm not I can't comment on an application we don't have. Yes. Okay. Okay. You know, obviously, there's a lot of community interest in this application. Sure. Yep. And,

you know, we'll see what what they submit See what they submit. Whether they even come back next month. Maybe they're doing other things. Maybe they're not ready next month. We don't know. Okay.

16:56 Public Speaker (52 Mt Airy Rd parent) 🎥

But it sounds like I know you can't promise it, but it sounds like seems unlikely that this could be wrapped up totally next month even if the applicant comes back. But it's not next month. Oh, yeah. We're in January. Yeah. Right. In February. Because you're you're proposing that you probably you might do a site visit, which you would do after the applicant

brings their plan.

17:15 Doug Olcott 🎥

Typically, in a case like this, we will we will have a site visit. Yeah. Okay. You know, it'd be Great. Unusual

for us not to.

17:23 James Tuman 🎥

Okay. That's great. And I think next month, everyone doesn't have kids of of who are here tonight. So some of them may come next month and they'll speak. Yes. And then the following month,

17:36 Doug Olcott 🎥

after the site visit, the public hearing is still open so you can come back and speak.

17:41 Public Speaker (52 Mt Airy Rd parent) 🎥

Yes. In March. In March. Yeah. Okay.

17:44 Doug Olcott 🎥

Alright. And as far as next month goes, we have a lot of written commentary that we received today. Oh, yeah. Okay. So we understand pretty much in writing what concerns are. I don't Right.

17:56 Public Speaker (52 Mt Airy Rd parent) 🎥

Great. Alright. Thank you very much. I appreciate it. Okay. Have a good night. Thank you. Mhmm.

18:02 James Tuman 🎥

Okay.

18:06 Doug Olcott 🎥

Excuse me? Five factors.

18:08 James Tuman 🎥

Oh, the five factors. Yes. I thought about that, and then I forgot. Okay. So let's do the five factors. No undesirable change in the character of the neighborhood nor detriment to nearby properties will be produced by granting of the variance. Benefits sought by the applicant can cannot be achieved by method other than requested variance?

18:28 ZBA Board Member 🎥

I I I mean, I would say it could be. Could be, but it would look funny. Mhmm. I think it would look odd. It would look like the house is turned sideways.

18:36 James Tuman 🎥

Right. I mean, I don't know what you guys wanna

18:40 Doug Olcott 🎥

Yeah. I mean, you could you could just say, yes. It could. However, this particular situation makes sense for you to study.

Mhmm. I think she's married. Right? Think they probably were looking at it as an attached accessory. Right.

Even though the other cottage I mean, the the garage is behind the main house, I guess, put it even there, you really wouldn't put a side entry.

19:14 Ron Wegner 🎥

And

Mhmm. Okay. Yeah.

19:21 Doug Olcott 🎥

Okay. Side entry is more of, like, your typical ADU. Yes. Right. Separate entry.

19:28 James Tuman 🎥

Yes.

Okay. Does that make sense what he said?

19:41 ZBA Board Member 🎥

Mhmm. Mhmm.

19:44 James Tuman 🎥

The requested variance is is not substantial?

19:48 Doug Olcott 🎥

I would say it's not.

19:50 James Tuman 🎥

Yeah. I I would tend to agree with that.

19:52 Doug Olcott 🎥

It's also ready close to one corner, so a 90 degree rotation to the other corner. Right.

20:00 James Tuman 🎥

The proposed variance will will not have an adverse effect or impact on the physical environmental conditions in a neighborhood? Will that?

20:08 ZBA Board Member 🎥

K. I don't think so.

20:10 James Tuman 🎥

And the difficulty was was not self created. Yes?

20:14 Doug Olcott 🎥

Yes. It is.

20:16 James Tuman 🎥

Yes. Okay.

So that's that. And I guess the only other thing we have is the minutes. And I went through. I did not have any comments. I don't know if anyone else had comments.

20:38 ZBA Board Member 🎥

I have no comments.

20:40 James Tuman 🎥

One with the two applications was this one and then 21 Elmore.

And then the only other thing besides those applications in the minutes is the discussion about the zoning rules and regulations, rules and procedures. So I don't know if anyone had a chance to look at that.

21:10 ZBA Board Member 🎥

I I I did look at it, but I didn't see anything on the agenda specifically related to those procedures.

21:18 James Tuman 🎥

Well, this evening, that was But it was a prior meeting. It was a it was last month's And we made some edits to it. We made some edits. Right. So I guess incorporated. Yes. Right.

Okay? Mhmm. Does anyone wanna make a motion? Approve the minutes?

21:34 ZBA Board Member 🎥

So moved. Second?

21:38 James Tuman 🎥

Second. Second. All in favor?

21:44 Doug Olcott 🎥

Yes. So these the the the the things that Christine listed, those were just recommendations.

That's how I interpreted that.

21:57 James Tuman 🎥

Oh, they were?

21:58 Doug Olcott 🎥

They were okay.

21:59 James Tuman 🎥

Motion to approve those changes.

22:01 Doug Olcott 🎥

No. I know. But those were just recommendations to the village board. Right? But

22:08 Rosanne MacDonald 🎥

No. You were thinking of that mobile wall.

Oh, okay. Yeah. These are just.

22:16 Doug Olcott 🎥

Okay. Okay.

22:21 James Tuman 🎥

Anything else?

Anyone need to make a a a can we just close it? I think you can just close it. Okay. This is meeting adjourned. Okay. Thank you.

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