⚖️ Zoning Board of Appeals
Zoning Board Rejects Vague Alternate Member Proposal
The Zoning Board of Appeals reviewed a proposed local law to add alternate members but declined to take a formal position, citing concerns over a one-year term and unclear necessity. The board also voted to move its regular meetings to the third Tuesday of each month starting December 16, 2025.
▶
Key Actions & Decisions
●
Applications Reviewed
●
*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.
●
Resolutions Passed
●
Approved the minutes of August 26, 2025 by a vote of 3-0 (Chairperson Wagner abstained, William Goldsmith abstained).
●
Approved the minutes of September 30, 2025 (with noted edits) by a vote of 4-0 (William Goldsmith abstained).
●
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.
●
Public Comments
●
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.
●
Reports
●
Chairperson Christine Wagner officially welcomed new board member William Goldsmith.
●
The board noted the Planning Board's schedule change to the second and fourth Tuesdays of every month.
=== HEADLINE ===
ZBA pushes back on vague alternate member proposal
=== SUMMARY ===
Croton's Zoning Board of Appeals reviewed a draft law adding alternate members but raised concerns about unclear rules, while one resident called the idea "subversive." The board also voted to move meetings to the third Tuesday starting in December.
=== EXECUTIVE BRIEF ===
• Approved August 26, 2025 meeting minutes
• Approved September 30, 2025 meeting minutes (with minor edits)
• Agreed to shift regular meetings from the fourth Tuesday to the third Tuesday of each month, effective December 2025
• Directed staff to send a memo to the Board of Trustees requesting clarification on the role, participation rules, and impetus behind proposed Local Law Intro 14 of 2025 (alternate members for ZBA and Planning Board), without taking a formal position for or against the law
=== ARTICLE ===
{{photo:1101:379:Zoning Board of Appeals meeting}}
Ed Riley of Truesdale Drive showed up to a Zoning Board of Appeals meeting with no applications on the agenda and delivered the most pointed public comment of the night — calling a proposed alternate member system "subversive" and "an attempt to pack the zoning board." {{quote:382}}
"This is really a fifth wheel on a car," Riley told the board. "It may be the hot thing to do in some other towns, which is basically meant to dilute the vote or to undermine their zoning." {{quote:519}}
The irony? Riley was the only member of the public in the room for a meeting that otherwise consisted entirely of administrative housekeeping.
The proposal in question, Local Law Introductory Number 14 of 2025, comes from the Board of Trustees and would add an alternate member to both the ZBA and Planning Board. But the board itself couldn't figure out exactly what the alternate would actually do.
"Is the board member expected to review all the materials, like a picture in the bullpen warming up?" asked one board member. "Because Jim will call in sick at the last second." {{quote:110}}
The confusion centered on whether an alternate would sit at the dais every meeting, participate in deliberations without voting, or simply stay in the audience — or on the livestream — until needed as a fifth vote. The village engineer pushed back on Riley's claim that the alternate would be a full participant, but the chair cut off any back-and-forth.
Board members also questioned the one-year term for alternates, noting the learning curve for zoning cases. "If it ain't broke, don't fix it," said one member. "When you start talking the details and how it's gonna work, it gets really kinda complicated and really kinda messy." {{quote:743}}
The board settled on sending a memo to the trustees requesting clarification on the alternate's role, what problem the law is trying to solve, and what pros and cons were originally discussed — without taking a position for or against the idea itself.
On a lighter note, the board quickly agreed to move its regular meetings from the fourth Tuesday to the third Tuesday of each month, starting in December, to avoid scheduling conflicts. The next meeting falls on November 18 — the Tuesday before Thanksgiving — which the board decided to keep as scheduled.
**What to watch for:** The Board of Trustees will ultimately decide whether to adopt the alternate member law. The ZBA's next meeting is Tuesday, November 18 at 7:30 p.m. Starting in December, meetings shift permanently to the third Tuesday of the month.
🔍
Ask Croton
Have a question about this story? Search across meeting transcripts, village history, and municipal code.
Related Zoning Board of Appeals Meetings
2025-09-30
ZBA rejects Riverside addition, warns of three-story building
2025-12-16
Zoning Board Approves ADU Variance for Collapsing Cottage
▶
Key Actions & Decisions
●
Resolutions Passed
●
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.
●
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.
●
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.
●
Resolution 4: Approved the minutes of the October 28, 2025 meeting. Vote: 5-0.
●
Resolutions Failed
●
None.
●
Applications Reviewed
●
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.
●
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.
●
Public Comments
●
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.
●
Reports
●
Assistant Village Engineer Ron Wegner and board members thanked Chairperson Christine Wagner for her time and dedication to serving as Chair of the ZBA.
2026-01-20
Zoning Board Grants Door Variance Amid Mount Airy Tree Removal Outcry
▶
Key Actions & Decisions
●
Resolutions Passed
●
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).
●
Approval of the December 16, 2025 meeting minutes. Vote: 5-0.
●
Resolutions Failed
●
None.
●
Applications Reviewed
●
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.
●
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.
●
Public Comments
●
No public comments were offered during the hearing for 43 Riverview Trail.
●
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.
●
Reports
●
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).
●
Stacey Nachtler, Village Board Liaison, was present.
2026-02-17
Zoning Board Grills Mount Airy Subdivision Applicant Over Tree Removal
2026-03-17
ZBA refers Mount Airy subdivision to Planning Board
▶
Key Actions & Decisions
●
Resolutions Passed: None.
●
Resolutions Failed: None.
●
Applications Reviewed:
●
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.
●
Public Comments: Three speakers addressed the Board:
●
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.
●
David Steele (56 Mount Airy Road): Spoke in opposition, citing the neighborhood's wooded, historic character and cumulative tree removal impacts.
●
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.
●
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.
●
Reports:
●
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.
●
Other Business: Minutes of the January 20, 2026 meeting were approved by a vote of 3-0 (Olcott absent, Berger recused).
2026-04-03
'What Is the Hardship Other Than Profit?': Mount Airy Neighbors Draw a Line
Community Discussion
0 commentsBe the first to comment on this story.