Zoning Board of Appeals

Good evening, everyone. Sorry for the delay, but we'll get going here. This is the 05/19/2026 meeting of the Hilton and Hudson Zoning Board of Appeals. Before we start, case of emergency, there's two exits. One there in the back, one up here. And we have two items on the agenda tonight. And we'll first call up the applicant to speak, and then we'll open it up to the public. So let's start with 71 Irving Avenue. Please state your name and your affiliation.

Okay. My name is Don Laird. I'm the owner at 71 Irving Ave.

Good evening. I'm Joseph Joseph Arnold, the architect for Betsy and Don Laird, who live at 71 Irving Avenue. We're hoping to build a small addition and portico on the front of the house and a full second story and attic onto the existing one and a half story house. The small front addition would be a mudroom on the 1st Floor and a closet on the 2nd Floor. To achieve sufficient space for the five foot deep mudroom, a front setback of one and a half feet would be required. The original building had a certificate of conformity in 1950 and was therefore governed by the 1931 zoning code. It was located in District C, which is now R A 5. Based on the 2016 survey, which is the most recent survey, there is an existing nineteen point four feet front setback to the existing house. The required front setback is 15 feet, leaving a distance of 4.4 feet of the remaining front setback. To achieve a five foot deep clearance for the mudroom plus framing and siding, we would need an additional 1.5

feet. The front portico would be in full compliance based on the 15 foot front setback. By way of background, in 2019, the existing front deck on the northeast side of the house was constructed per an approved front yard variance of two feet, and we intend to keep the existing deck in place per the prior variance. So, we're not changing anything as far as that's concerned.

We have reviewed the surrounding area for consistency with our proposed changes. There are several two story homes in the vicinity of the property, so the proposed additions would be in keeping with the neighborhood. Behind the portico, the 1.5 extension for the front addition would not be very evident. The house is the last house at the end of a dead end street. No undesirable change in the character of the neighborhood or detriment to the nearby properties will occur. The front addition is intended to provide a 1st Floor mudroom and a 2nd Floor closet, and the additional 1.5 feet would permit a reasonable space for the mudroom. To achieve this, a variance would be necessary. The requested area variance is not substantial. There will be no adverse effect or impact on the environmental conditions in the neighborhood or district, and the difficulty is self created. We respect the request of the 1.5 foot front yard variance for the mudroom addition be granted.

I just have a question just for clarification. Sure. So I'm gonna I'm looking at the drawings. So the so the portico run, it doesn't count because it's open? Because it looks like from the drawing that that's only nine feet. Am I just reading the drawing wrong? I'm looking at You you I'm looking at the

site plan. Site plan on the on the first page? On

G 101? G 101. Yeah. So

a portico eight foot wide, six foot deep is permitted in a front yard setback. Okay. So with a 15 foot allowed setback, they're they're asking for, you know, a one and a half foot variance for I'm gonna use this picture for the front extension.

So the portico, instead of being six feet deep, will be, like, four and a half feet deep?

Yes. Yes.

So we're we're keeping in compliance with the portico requirements that that you go from the front setback, which is 15 feet. You start there Yeah. And then you have your six feet further to go. Got it. And so we're in compliance with that. What we're asking for is for the addition portion, the enclosed portion, to have one and a half feet for the mudroom that's enclosed.

Understood.

So the only variance you're looking for is for the the mudroom, which is 12 feet wide?

Yes. Just that.

Just You're not you're not you're not adding to the rest of the front of the house?

I'm not adding to the rest of the front elevation. Just it's the 12 feet wide and then running the two stories. Now

is this the one you were looking to get a variance on?

So I had yes. I'd like to do the the second one that I had provided. Yes.

Supplementally provided. Oh, I was gonna ask what that second option was. At the very end is a two story. This one with the Correct. With the dormer. Correct.

And it looks like the site plan matches this. This is just

Or just a different yeah. Yeah. It's different aesthetic. Right. And so the total variance you need in the front is just one and a half That's that's correct. Just for the front room.

And without the one and a half feet, it really wouldn't make much sense to have the mudroom? It would be very tight just for

the sake of having the mudroom because we're keeping the existing house front. So as we're coming out from the front of the building, having five feet would really be reasonable distance to have the mudroom and the entry because now you also have the door opening into the entry. You really don't want that to interfere either. So seems reasonable for that clearance for the mudroom.

And I guess the alternative is you you would push the mudroom in, and and it would encroach on your living space, essentially.

Yes. It kind of would not would not work for the would not work for the layout. Yeah. You know, I I I think that it really especially because we wanna build out from the front of the of the building and keep all of the, the program on the existing building, it just would make sense to Right. Go outward.

Have you, any talked to your neighbors at all?

Yes. My, neighbor across the street, Ali, thinks it's a great idea. I haven't spoken to my next door neighbor, Pat, but

I don't think he would have an issue with it. He also has, like, a closed space on the front of his house as well. I actually spoke with him. He's a contractor, and so I actually was chatting with him on a different project, and he didn't he didn't have any objection to it.

Isn't isn't there normally a notice that goes out to neighbors,

all the neighbors? Yes. They did receive it. Yes. Request? Mhmm.

I don't have any more questions. Anyone else have questions on the Nope. The board? Nope. The only my only observation is I the

additional design option, it, kinda echoes some of the Sears homes in town. Is that what you're going for?

Yes. Mhmm. Yes. There were some houses that I've I've worked on, and I I thought that that aesthetic might work well for this this condition. Yeah. I would agree with that. I would agree with that. Mhmm. It's very contextual.

Mhmm. Okay. So, thank you. K. And we'll open up public hearing. Does anyone in the audience like to say anything? Okay. Thank you. I guess we'll close the public hearing and comments sent from the board.

Architect?

I love the second option. I agree that a mudroom under five feet is not gonna be worth building. So I understand that if you're going out of a mudroom and not just go directly onto the living room that you want that level of depth.

I agree. I agree. I agree. Doug, anything? Okay. I don't have any comments. I I don't have any. I I think it's a it's a great addition, and I think it's, it's an improvement, obviously, to your house. So someone wanna make a motion? Do want me to read from the cue card? You gotta read from the cue cards. Therefore,

be it resolved that a front yard variance of 1.5 feet be granted for an addition, including a front entry and mudroom subject to the following conditions and further fines the variance granted herein is the minimum variance necessary and necessary and adequate. Second.

All in favor? Aye. Aye. Doug?

Aye.

Okay. Variances granted. Thank you very much. Good luck. Thank you.

I'll do the five factors at the end of the meeting. We'll do it at Yeah. It's expected.

Yeah. Do it at the end. Yeah. So we'll it at

The interest of everybody is fine. Yep. Okay. The next next application

is 40 Young Avenue.

Good evening, members of the zoning board. My name is Coleman Clancy. My wife, Kate, and I live at 40 Young Avenue at the corner of Young Ave and Benedict Boulevard here in Croton. And I'm here tonight to request a variance to allow a 48 inches fence within the corner setback area of our property where the current code limits fence height to 30 inches within 30 feet of the intersection. We're requesting this variance primarily for safety reasons. We recently welcomed our daughter who's now five months old. And as she grows, having a secure enclosed yard is very important to our family. We may also plan to get a dog in the future, and a consistent four foot fence would be necessary to safely contain both children and pets. And we do not believe that this request will negatively affect visibility or traffic safety at the intersection. And also, the previous owners of our home actually received approval from this board for the same variance back in 2023,

but did not go through with building a fence with the condition that the fence not exceed four feet in height and remain no more than 25% solid. It's the same thing that we're asking for as well. We're requesting the same relief under the same conditions. And based on the roadway layout, the existing center divider, the open design of the proposed fence, we believe drivers and pedestrians will continue to have clear sight lines when turning from Young onto Benedict. And we also believe the request is consistent with the character of the neighborhood and will not create any adverse impact on neighboring properties. And that's kind of my opening statement. Thank you for your time and consideration.

Thank

you. And any questions, happy to answer them.

So I I I think, first of all, trying to look at what's the design of the fence. Is this what is this considered what you wanna do?

Yeah.

Exactly. It's the same thing from So it's an open fence? Exactly. Yeah. It's an open metal fence. Mhmm.

Black aluminum from Dave's Fences. One of the items I have in there as well is a quote from Dave's fences, if that's helpful. And that's gonna be uniform for the whole square, for the rectangle, I guess.

Exactly. Okay. That was the only question I had.

Do we have a copy of the prior variance that was issued for the same events, the same design? It's in the application. Right? Maybe I missed it or maybe I lost it.

I have another copy right here I can give you. I'd love it if you yeah. Yeah. I don't seem to

thank you very much.

Yeah. Maybe I did. Yeah. We'll look at that too. Not there?

Actually, I think I do have it. I thought it was the draft.

Yeah. Here

it is. Yeah. I did have it. Sorry. Would you like your copy back?

Sure. Yeah.

Thanks. Yeah. I thought that was the draft for today. Incriminate. I

made the motion. You made the second. So You know, variance or we get a variance or a fence taller than 30 inches. I assume that. Taller than 30 inches within the triangle centered on the street line and within 30 feet of the square wall.

And then the line three on the conditions is the do not exceed four feet and 25% capacity.

So

did did if if if someone doesn't build based on a variance that was already granted, does it expire?

Good for a year, right? Yes. Okay.

Yeah. Mhmm. So we gave a variance for a 30 inch fence at the corner. That was never built. Oh, I see. It was never built, and then it was four feet in the green area in in in this. Yeah. It's the, like, the yellow triangle at the bottom there. That's Right. That's the that's yeah. But but the green area was that's on the left of the triangle and then on on the Yonge Avenue portion of it.

That's four feet as of right. That's four four feet as of right. Allowed the four feet in lieu of the 30 inches.

And what did we give the variance for? What was what is allowed?

For a tall for a fence taller than 30 inches within the triangle to be done within a year. That was basically And not to exceed four feet in height and to be 25% or less solid.

So the yellow area, that's where the variant is. Yeah. Exactly. Yeah.

But you so you wanna go continue 40 feet all the way around?

We there's another picture here, and I think it's like 40 feet, that shows where we wanna build the fence. I believe everyone has a copy of this as well. We only wanna build it on this side of our house and have it four feet consistent all the way around.

And and there is a space between your property line and the sidewalk at four or five feet? Yes.

I think it I thought it was a little bit less than that. I thought it was like Something. But there there is a space there, whatever it is. You can build to your property line. Exactly. Like, we wouldn't build right along the sidewalk. We'd allow some space there. Right.

To the property lines where you can go? Yes. Okay.

Could we refine the condition, for line two just to make sure that it's the exhibit is the survey, not the the picture? Or I guess it doesn't matter because you couldn't build it even if we granted

Right. The You can build yeah. We're we're not letting the fence be built in the right of way on your property line. That's that's where it's gonna go to. Mhmm. The survey, right, only doesn't show the street or the sidewalk,

but it shows the property. Now why do you need a fence four feet high instead of 30 inches?

I'm glad you asked. While a 30 inch fence would technically mark the property boundary, it would not provide meaningful safety or containment for a young child or a dog. At that height, a child could easily climb over it as they grow and it would not reliably contain a pet. And our request really kind of centers around creating a secure and consistent enclosure around the yard while still maintaining visibility and openness at the corner. The proposed 48 inches fence would remain 25 solid like in the previous resolution, so that it would preserve sight lines while providing the level of safety that our family is looking for.

But this fence you're proposing is more is is it more or less of 25% solid? I guess, how you look at it. It's less than

Right? Yes. Yeah. It would be 25% solid, I guess, and 75%,

like, open space. That's what this is. It seems like less than 75%.

Yeah. Less than 25%. Yeah. Yeah. That looks ballpark. Yeah. That looks ballpark. 25% solid. Yeah. You think 25%?

Yeah. I guess I guess every space for one one quarter is the solid and one

In one of the letters from the neighbors, the Wigmans, they mention here that there had previously been a 48 inches tall privet hedge. Was that in that triangle?

I believe that that was not in the triangle. I think it was behind the house along their driveway, which you can see in this picture. We actually, so my wife and I, we moved in July of last year. Pivot was not there. Right. But I believe it was in the back of the house.

So, the variance we gave, it was, cannot be more than 50% solid? 25. The one we gave it says here cannot be more than 50% on this one.

This is this is the rules. Right? The as of right. Right. And then this is the conditions that we approve. So it's we let them go over a foot, but 25% less available Yeah. Capacity.

So it was condition three on the on the 2023 variance.

It's

the second part of condition three.

Okay. Okay. Right. And then you can definitely, you know, add that as a condition. Right. Mhmm. Bless you. Bless you.

Yeah. I mean, I I always think that conditions would be the same as as as these conditions. Okay. I don't I don't have any more questions.

Nor do I. Okay. Thank you.

So let's open the public hearing. Does anyone like to speak on this application?

Sure. Just

state your name and address.

Hi. My name is John Farrell. I live at 34 Young Avenue, immediately next door to, to Coleman and Kate there. The, the fence that he's talking about installing is, basically the exact same fence that I had installed on my property. I don't know the exact measurements, but I can tell you that it is certainly at there is no visibility issue. Certainly, when the, the the compromise would be you could put a hedge there, a fence like this is really very reasonable. On top of that, he's, you bring up the idea of a 30 inch fence. He says it can't contain a dog. My wife and I, Drew, back there, we have a dog. And, before we put our fence in, she wriggled out of her harness, and she ran, and she got hit by a car right on Benedict Avenue. And I can tell you and she's fine. So thank god for that. But, I can tell you this, a 30 inch fence is not keeping my Margie in the yard. The 48 inch fence, very reasonable there. I wouldn't wanna have anything less. So I think what he's asking for is

perfectly reasonable. It fits in with the neighborhood. And given the divider in between in Benedict there, the real issue from him on from my perspective turning on to Benedict would be he's on the right side of the street. You have to pull completely out into the intersection to see traffic heading towards, Riverside Avenue anyway. So there's really no visibility issue as far as I'm concerned. So I'm in support of it. That's all I all I have.

Okay. Thank you. Do you have your fence?

Yes. That's my house. Okay. Let's see. That's my house. The last sheet on

last page on the fence. The last two. Yeah. Okay. Nice fence. Okay.

I'll say two words. Okay. So neighbor on the other side, Julie Evans married to Weigman. So as before, we don't have any objection to this fence as as drawn and proposed. And the context, the history for the privet hedge that existed until, I think, three years ago, a 60 year old privet hedge. It was exactly up against the sidewalk, and it was at least four feet tall because during a certain period of a previous previous owner, I was maintaining that hedge myself. So it was opaque. It was almost as tall as I was for a while. So, you know, this will be less obtrusive than that had been for many many years, decades. So, that's my 2¢. Thank you. Thank you. Yeah.

Anyone else? Okay, so it's close to public hearing. Any comments from the board?

My only comment would be that the application doesn't I don't think that it the application sets forth the same conditions that were in the prior variance. And I would suggest that we, if we're gonna grant this variance that we essentially grant it the same way that it was previously granted. Yeah. Agree. Yeah. Yeah. I agree. As opposed to the way it was applied for. Right. Right.

I agree. I don't have any problems with it under those conditions. Anybody else? Agree. Okay. Who wants to make a motion?

Well, I guess I'll amend this a little bit, but current a variance of 18 inches for a fence taller than 30 inches within the triangle at the street lines as outlined in the application granted subject to fence being no more than 25% solid.

And not insignificant. And in the other conditions, right? And not, well,

18 inches.

Right.

Okay. Not to exceed four feet.

Anyone a second?

I'll second. Second.

Okay. Okay. All in favor? Aye. Aye. Aye. Okay. Thank you. Awesome. Thank you. Yes. Very special. Okay. Okay. So let's see if things we have. So we still have we have a couple minutes to go through, and we have the five factors. So let's do the five factors first. Mhmm. Let's do 71. Irving.

Thank you.

No undesirable change in the character of the neighborhood. No detriment to nearby properties will be will be produced by granting the variance. Agree with that. With that? The benefits up at the app, we can can cannot be achieved by method other than the requested variance. Agreed.

Agreed. I

don't think you're gonna get a mudroom without Wow. Yeah. I mean, that's the thing. You're not gonna get a mudroom in the front of the house that that that that works. So you're saying cannot? Yeah. You yeah. Right? What did you say to Doug? Yes.

Okay. What what they

The requested variance is is not substantial.

I would say it's not. I would say not. Not.

Will not have an adverse effect or impact on the physical environmental conditions on the neighborhood or district? No. I would say no. Will not. And the difficulty alleged by the applicant was was not self created? Was, right? It was. Yeah. Mhmm. 40 Young. No undesirable change in the character of the neighborhood, detriment to nearby properties will produce by grain of the experience. Agree. Agree with that? The benefits up by the applicant cannot be achieved by a method other than the requested variance.

I can slightly disagree because they could have set the fence farther back and built within the the blue line and still had a fairly large enclosed yard on that particular factor.

But is that the the benefit was they want the whole yard? That's where we always get into this yeah. What do you think, Doug?

Yeah. I mean, think, again, it's mudroom, too small. Yeah. Exactly. That's right. Yeah. Okay.

So what are we saying?

I would say I would say it could not.

Especially with the fence height.

Considering what used to be there. No. It seems it seems like a good alternative. Oh, an improvement. Yeah. And and the variance that we granted is not what they asked for. It's actually requiring them to build a fence that has only 25% opacity. So as a result of that, based on as we've granted that.

Yeah, and I'm happy that it's 25%. A lot times people ask for more than 25%.

The requested variance is substantial? Wait. So is it can or not? Cannot. Cannot.

Cannot. I would say it is substantial. 18 inches.

We said last time it's substantial but mitigated by the property line distance from the street. There you go. Same. Those variants will not have an adverse effect or impact on the physical environmental conditions in the neighborhood. I guess my comments before really address that more than the previous one. And the difficulty alleged by the applicant?

Was self created. Mhmm. Okay. Good.

Okay, so that's good. Got through that. Now we have two minutes to go through. We have to approve.

I went through the one that I chaired and I had no

comments.

I wasn't happy to reconsider

that. And I went through the I went through mine March 17, and I didn't have any comments. You did a great job putting that together. Stephanie, thank you. I have no comments, Ivan. There were a lot of comments in that meeting.

Is there any do you have any comments? No. No comments, Ivan. I didn't have that number. Second one.

You guys have any comments? I have to abstain because I wasn't there. No. I don't have any comments. Okay. So let's do the March 17 meeting. Can we do it? No.

No.

I was there. That was what you were at. Never mind. So you should propose that.

Okay. I will make a motion to approve the Tuesday, 03/17/2026 meeting. Minutes? As drafted? Seconded. All in favor?

Aye.

Okay. Abstain.

Abstain. Abstain. One abstention.

Okay. So let's do the next one, Tuesday, April 21. Meeting,

youth okay. We have the three people there. So Yeah. I'll make a motion to approve the minutes of the Tuesday, 04/21/2026

meeting. Second. Second. Okay.

All in favor? Okay.

Means are approved. Okay. So we can close the meeting.