⚖️ Zoning Board of Appeals
Board Grants Cottage Variance, Adjourns Mount Airy Road
The Croton Zoning Board of Appeals voted 5-0 on January 20 to grant a variance allowing a street-facing entrance on a detached accessory cottage at 43 Riverview Trail. The application for 52 Mount Airy Road was adjourned to February 17 following a last-minute applicant request, drawing public questions about construction activity and future scheduling.
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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.
A last-minute adjournment at the January 20 Zoning Board of Appeals meeting left neighbors of 52 Mount Airy Road seeking answers about construction activity at the site, while the Board unanimously approved a minor variance for a detached cottage on Riverview Trail.
The 52 Mount Airy Road application was pulled from the agenda after the applicant requested a delay via email late that afternoon, rescheduling the matter to February 17. Several residents in attendance asked whether any movement on the project could occur before the next meeting. Chairman James Tuman explained that the ZBA review is just the first step in a multi-step approval process and that no decisions would be made until a formal public hearing is opened. However, Tuman noted that existing permits for previously approved work on the property could allow some unrelated construction activity. Residents also raised concerns about tree removal and whether a site visit to neighboring properties would be conducted. The Board responded that it would be premature to comment or schedule a site visit without the application formally before it.
When one resident raised scheduling concerns tied to school vacations, the Board noted that matters of this complexity are unlikely to be resolved in a single session and that the public hearing would remain open across multiple meetings if necessary. Community members were encouraged to submit written comments for the record.
The Board then turned to its only other item: a second appearance by Rosanne MacDonald, represented by Norm Jansa of Westchester Modular Homes Construction Corp., regarding a detached accessory dwelling unit at 43 Riverview Trail. The cottage had already received variances in December for height and street setback, but the Engineering Department subsequently determined that the front door placement—shown on the original plans as facing the street—required an additional variance under Section 230-41(G) of the village zoning code.
Jansa argued that the code's restriction on street-facing access applied only to attached accessory apartments, not detached structures, and that relocating the door would be impractical. The side of the cottage, he noted, contains mounds for garbage receptacles and three large propane tanks for a generator, and moving the entrance would require additional excavation and grading.
Board members agreed that an alternative placement, while technically feasible, would be awkward in appearance and raise safety concerns near the mechanical equipment. The Board found the variance was not substantial, did not increase the structure's footprint or bulk, and would not change the character of the neighborhood—though members acknowledged the difficulty was self-created. The motion passed 5-0.
Residents with concerns about the 52 Mount Airy Road project can submit written comments to the ZBA ahead of the February 17 meeting. The next Zoning Board of Appeals meeting is scheduled for February 17, 2026, at 7:00 p.m. at Village Hall.
◆ Meeting Index
Topics Discussed
varianceaccessory dwelling unitadjournmentzoning code interpretationsite constraintspublic hearing
People
James Tuman — ZBA Chairman
Doug Olcott — ZBA Member
Daron Weber — ZBA Member
Bill Goldsmith — ZBA Member
Ethan Lewis — ZBA Member
Ron Wegner — Assistant Village Engineer, PE
Stacey Nachtler — Village Board Liaison
Norm Jansa — Representative for Westchester Modular Homes Construction Corp.
Rosanne MacDonald — Owner, 43 Riverview Trail
Annette Forte — Daughter of owner, 43 Riverview Trail
Stefanie Correale — Secretary to the Zoning Board of Appeals
Locations
43 Riverview Trail52 Mount Airy Road48 Mount Airy Road
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