⚖️ Zoning Board of Appeals
Zoning Board Grills Mount Airy Subdivision Applicant Over Tree Removal
The Zoning Board of Appeals questioned the applicant for a proposed two-lot subdivision at 52 Mount Airy Road regarding tree removal and slope impacts, while neighbors warned the project threatens an adjacent 1838 stone house. The board will conduct a site visit before making a decision.
=== HEADLINE ===
Neighbors warn 1838 stone house at risk as Mount Airy subdivision advances
=== SUMMARY ===
The Zoning Board of Appeals grilled the applicant behind a proposed two-lot subdivision at 52 Mount Airy Road over tree removal, steep slope impacts, and driveway safety, while adjacent property owners warned the project could destabilize a historic home. The board will conduct a site visit once snow melts.
=== EXECUTIVE BRIEF ===
• ZBA member Doug Olcott recused himself due to a conflict of interest
• Board requested updated survey showing existing topography, grades, and recent driveway changes
• Board required applicant to flag all 26 proposed tree removals and mark driveway/house footprints before site visit
• Applicant directed to provide architectural renderings with height details, landscaping plan, and steep slope analysis
• Board identified errors in setback calculations on submitted plans; applicant to correct
• Public hearing left open; site visit scheduled for spring after snow melts
=== ARTICLE ===
Stuart and Karen Greenbaum have lived at 48 Mount Airy Road for forty years. In that time, they've watched cars lose control on the hairpin turn near their home, crash through their wooden fence, and land in their front yard. So when they learned a new driveway might slice into the hillside right at that blind curve, they fired off a letter to the Zoning Board of Appeals.
{{photo:1131:2190:Zoning Board of Appeals meeting}}
Their home, built in 1838, sits on a rock formation. "External vibrations cause tremors in the house and sometimes rattle doors and dishes," Claire Hilbert read from the Greenbaums' letter at Tuesday's meeting, standing in for the couple who were out of state. Removing the embedded stone for the proposed driveway, the letter warned, "would adversely affect our stone foundation and destabilize the house." {{quote:2193}}
The applicant, Andrew Cortese, is seeking area variances to subdivide the 1.14-acre property at 52 Mount Airy into two lots — both falling short of the 25,000-square-foot minimum by roughly 281 square feet, or about 1 percent. His attorney, Corey Salome, called the deficiency minimal. "It's a benefit to the applicant versus the detriment to the health, safety, and welfare of the neighborhood," Salome said, arguing that nearby lots are even smaller. {{quote:180}}
The board wasn't buying the breezy presentation. "You kinda glassed over" the environmental impact, the board chair told Salome, pointing to neighbor letters and concerns about tree removal. When asked how many trees would come down, engineer Mike Mastrojakomo initially said "roughly about twelve." The chair pointed to the application drawings. "Certainly looks like a lot more than twelve." Mastrojakomo revised the number to between 26 and 30. {{quote:427}}
The chair pressed on whether alternatives to cutting that many trees had been explored. "To be honest with you, we didn't," Mastrojakomo admitted, though he said he'd been conservative in marking trees for removal and hoped to save some during construction. {{quote:946}}
The board also flagged missing information: no steep slope analysis, no geotechnical study, no traffic study, no architectural renderings showing the proposed "modern farmhouse" height, and setback calculations with what Mastrojakomo blamed on AutoCAD glitches. "I think it's pretty obvious we're gonna have to do a site visit here," the chair said.
What residents should watch for: The board left the public hearing open and will schedule a site visit once snow melts. Before that visit, the applicant must ribbon all 26 trees slated for removal and flag the proposed driveway and house footprint. The applicant is also expected to submit corrected setback figures, a full topographic survey, renderings with height details, a landscaping plan, and a steep slope analysis. No vote was taken.
Coverage of the Zoning Board of Appeals meeting on 2026-02-17,
Village of Croton-on-Hudson, NY.
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Related Zoning Board of Appeals Meetings
2026-03-17
ZBA refers Mount Airy subdivision to Planning Board
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Key Actions & Decisions
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Resolutions Passed: None.
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Resolutions Failed: None.
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Applications Reviewed:
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52 Mount Airy Road (52 Mt Airy Rd, LLC): Request for two lot width area variances from Section 230-33A of the Village Zoning Code to subdivide a 49,436.6 sq ft parcel in an RA25 Residence District into two lots. Both proposed lots (24,718 sq ft and 24,718.6 sq ft) fall short of the 25,000 sq ft minimum by approximately 281 sq ft (1%). The applicant proposes constructing a new single-family home on Lot B, removing 26 to 30 trees, and building 4-to-6-foot retaining walls. Board Member Doug Olcott recused himself. The public hearing was opened and remains open.
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Public Comments: Three speakers addressed the Board:
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Claire Hilbert (60 Mount Airy Road): Read a letter from Stuart and Karen Greenbaum (48 Mount Airy Road South) opposing the variances due to substandard lot sizes, tree removal, steep slope disturbance, stormwater flooding, traffic safety, wildlife habitat loss, and property values. Also raised concerns about neighborhood character and wooded habitat loss.
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David Steele (56 Mount Airy Road): Spoke in opposition, citing the neighborhood's wooded, historic character and cumulative tree removal impacts.
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Deborah Schpack (16 King Street): Read a letter signed by 45 residents opposing the variances over stormwater runoff, erosion, downhill flooding, steep slope impacts, and intensified development on constrained land.
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Additionally, a member of the public submitted a car accident incidence report for that section of Mount Airy Road, and multiple written letters of opposition were entered into the record.
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Reports:
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Board Deliberations: The Board requested updated survey information, a steep slope analysis, architectural elevations and renderings, grading and retaining wall clarifications, and marked site features (driveway, house location, trees for removal) ahead of a site visit. The site visit will be scheduled once snow melts.
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Other Business: Minutes of the January 20, 2026 meeting were approved by a vote of 3-0 (Olcott absent, Berger recused).
2026-01-20
Zoning Board Grants Door Variance Amid Mount Airy Tree Removal Outcry
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Key Actions & Decisions
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Resolutions Passed
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Variance from Village Zoning Code Section 230-41(G) for 43 Riverview Trail (Section 68.17 Block 2 Lot 11) to allow an accessory structure (cottage) with access observable from the street. Vote: 5-0 (Olcott, Goldsmith, Tuman, Weber, Lewis).
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Approval of the December 16, 2025 meeting minutes. Vote: 5-0.
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Resolutions Failed
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None.
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Applications Reviewed
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43 Riverview Trail (Rosanne MacDonald, owner; Norm Jansa, Westchester Modular Homes, representative): The applicant returned for a second variance after receiving height and setback approvals in December 2025. The Engineering Department subsequently flagged that the front door on the street-facing façade required a separate variance. The applicant argued the restriction applied only to attached accessory apartments, not detached ADUs, and that relocating the door would be impractical due to topography, garbage receptacle mounds, and three large propane tanks. The Board found the variance was not substantial, would not alter the structure's approved scale or bulk, and that alternative door placement would be awkward and pose safety concerns near mechanical equipment. The Board also noted the difficulty was self-created.
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52 Mount Airy Road: Adjourned to February 17, 2026, at the applicant's request submitted via email the afternoon of January 20. No action was taken.
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Public Comments
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No public comments were offered during the hearing for 43 Riverview Trail.
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Multiple members of the public spoke regarding 52 Mount Airy Road, raising concerns about potential tree removal, permit requirements, construction activity prior to ZBA approval, and scheduling conflicts with school vacations. The Board clarified that no decisions would be made before a formal public hearing, that existing permits allow some unrelated construction, and that written comments can be submitted for the record.
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Reports
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Ron Wegner, Assistant Village Engineer, was present but no formal report was delivered (his department's feedback was incorporated into the 43 Riverview Trail application review).
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Stacey Nachtler, Village Board Liaison, was present.
2026-04-03
'What Is the Hardship Other Than Profit?': Mount Airy Neighbors Draw a Line
2026-04-04
The Developer Who Keeps Coming Back: Andrew Cortese's Latest Fight Lands in Croton
2025-12-16
Zoning Board Approves ADU Variance for Collapsing Cottage
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Key Actions & Decisions
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Resolutions Passed
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Resolution 1: Granted a 2.6-foot total side yard variance from Section 230-33A for a rear shed dormer addition at 21 Elmore Ave. Vote: 5-0.
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Resolution 2: Granted a front-yard setback variance of approximately 21 feet 2 inches from Section 230-40(B) and a height variance of 3 feet 5 inches from Section 230-40A(1)(a) for a prefabricated accessory dwelling unit at 43 Riverview Trail. Vote: 5-0.
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Resolution 3: Approved amended Zoning Board of Appeals Rules & Procedures, removing fixed meeting date/time language, clarifying scheduling flexibility and adjournment procedures, removing liaison references, and reorganizing the minutes documentation section. Vote: 5-0.
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Resolution 4: Approved the minutes of the October 28, 2025 meeting. Vote: 5-0.
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Resolutions Failed
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None.
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Applications Reviewed
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21 Elmore Ave (Section 79.9, Block 2, Lot 23; RA-5 District): Owners Noelle Sirico & John O'Brien, represented by architect Joseph Arnow, sought a side yard variance for a rear dormer to add headroom, enlarge a bedroom, and add a full bathroom. The board found the variance was not substantial and did not increase the degree of nonconformity of the 1950 home.
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43 Riverview Trail (Section 68.17, Block 2, Lot 11; RA-25 District): Owner Rosanne MacDonald, represented by Norm Jansa of Westchester Modular Homes Construction Corp., sought variances to replace a long-vacant, dilapidated accessory structure with an 800-square-foot prefabricated ADU for her daughter, Annette Forte. The board found the setback variance substantial but mitigated by steep topography and the dead-end street location.
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Public Comments
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Stacey Natchler, Village Board Liaison, asked questions regarding parking and site design (a proposed gravel area) for the 43 Riverview Trail application. No other public comments were heard.
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Reports
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Assistant Village Engineer Ron Wegner and board members thanked Chairperson Christine Wagner for her time and dedication to serving as Chair of the ZBA.
2025-10-28
Zoning Board Rejects Vague Alternate Member Proposal
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Key Actions & Decisions
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Applications Reviewed
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*Local Law Introductory No. 14 of 2025*: Reviewed a draft referral from the Village Board of Trustees to permit the appointment of an alternate member to the ZBA and Planning Board for a one-year term. The board raised concerns about the short term length, questioned the necessity of the role given no existing quorum issues, and debated whether one alternate should be shared between both boards. No formal position was taken; the board will send a memorandum to the Village Board requesting clearer language and clarification on the problem the law aims to solve.
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Resolutions Passed
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Approved the minutes of August 26, 2025 by a vote of 3-0 (Chairperson Wagner abstained, William Goldsmith abstained).
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Approved the minutes of September 30, 2025 (with noted edits) by a vote of 4-0 (William Goldsmith abstained).
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Agreed to reschedule regular ZBA meetings to the third Tuesday of each month, effective December 16, 2025, to accommodate the Planning Board's move to the second and fourth Tuesdays.
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Public Comments
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Ed Riley (110 Truesdale Drive): Spoke in opposition to Local Law Introductory No. 14 of 2025, calling it unnecessary and potentially political, noting that both boards already function effectively and rarely lack a quorum.
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Reports
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Chairperson Christine Wagner officially welcomed new board member William Goldsmith.
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The board noted the Planning Board's schedule change to the second and fourth Tuesdays of every month.
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