ZBA October 13, 2004
                                                DRAFT FILED:  10/18/04
                                                FINAL APPROVAL: 11/10/04


MEMBERS PRESENT:       Donald Sapir, Chairman
                                  Rhoda Stephens
                                  Ruth Waitkins
                                             Paul Rolnick
                                             Witt Barlow

ALSO PRESENT:                 Joseph Sperber, Code Enforcement Officer
                                              Charles Kane, Village Board Liaison to the ZBA

The meeting came to order at 8:00 P.M.


9/8/04 – Waitkins – Made Motion to accept the minutes as corrected
              Barlow – Second the Motion
           Vote:   5-0  In Favor – Waitkins, Barlow, Sapir, Stephens, Rolnick


Robert Klurfeld, 90 Truesdale Drive, Located in a RA-9 District and designated on the Tax Maps of the Village as Section 79.09 Block 5 Lot 10.  Request for a lot size area variance side yard and front yard variance, with respect to a proposed addition (Hearing adjourned on 9/8/04).

The Board acknowledged receipt of a letter from Mr. Klurfeld, dated 10/5/04, requesting an adjournment in order to obtain architectural drawings as requested by the Board.

The Board agreed to adjourn the hearing until next months meeting on November 10, 2004.

Laura Adler, 12 Franklin Ave., Located in a RA-9 District and designated on the tax Maps of the Village as Section 79.13 Block 4 Lot 22.  Request for a rear yard variance with respect to a second story addition.

Laura and David Adler, 12 Franklin Avenue, attended the meeting.

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David Adler – We are both owners of the property and we are requesting a rear yard variance to construct a two story addition.  The house is currently 1,000 sq. ft.  The house will be a total of 2,000 sq. ft. when the addition is completed.  We have spoken to our neighbors and they are in support of our application.  We have had no negative comments.

Laura Adler – (Reading from a letter)  By granting this area variance, we do not believe that there would be an undesirable change in the character of the neighborhood.  There
have been many additions on neighboring houses throughout the years .  We have specifically …….

Sapir – Excuse me are you reading this from a letter?

Mrs. Adler – Yes.

Sapir – Suggested that Mrs. Adler submit the letter as part of the record and the Board will take her comments into consideration.

Mrs. Adler agreed to submit the letter from Laura and David Adler, dated October 13, 2004, as part of the record.

The Board requested time to read the statement.

Sapir – Have you considered other ways to construct the addition?

Mr. Adler – The existing structure pre-dates and is non-conforming so, whatever we do we will need a variance.

Sapir – What number of rooms will you be adding?

Adler – Three bedrooms.

Barlow – What will be the new entry is currently the bedroom?

Mr. Adler – Correct.

Waitkins -  The roof line will be in line with the others?

Mrs. Adler – It will not be taller than the required thirty five feet and the style of the roof will actually appear to be much lower.

Barlow – Is the third floor just for storage?  
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Adler – Yes.

Barlow – How will you have access?

Adler – A pull down ladder
Stephens – The windows on the side of your neighbors, will they be on the same level as your neighbors?  How will you access it?

Mr. Adler - It will not be a major problem because we have a long narrow house and there are actually bathroom windows on that side. The footprint of the house will remain exactly the same.

Rolnick – I see there is a porch on the back of the addition, correct?

Mr. Adler – Correct.  The contractors needed to put a support post there so instead of just having a post there we decided to put a porch.  There are two very large pine trees in the back, so the neighbors in the back will not be affected.

Rolnick -  There will be no light on the porch?

Mr. Adler – No.

Rolnick – Is this a Sears house?

Adler – Yes.  It is a Sears house.

Rolnick – What was it previously?

Adler – A one-story house..

Mrs. Adler – The one across the street was a one story house and they did their addition three years ago.

Sapir – Are there any other questions?

Barlow –Will you continue to use the basement?

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Mrs. Adler – Yes.  It is just used for the children’s toys, etc.

Sapir – I see on your application that you have indicated 28.2 ft. and then 1.8 ft.

Mrs. Adler – I realized the error at one point and I went to the Village Engineer’s office to make the correction.  It should read 1.8 ft. rear yard variance requested.
Sapir -  I just wanted to make sure that we got it right.

Sapir – Anyone else like to be heard?

There was no reply.

Hearing Closed

Barlow – Made Motion to GRANT the application as requested for a 1.8 ft. rear yard variance.

Stephens – Second the Motion

Vote 5-0 – Barlow, Stephens, Sapir, Waitkins, Rolnick

Respectfully Submitted,

Janice Fuentes
ZBA Secretary


Laura Adler, has applied to the Zoning Board of Appeals of the Village of Croton-on-Hudson, for a rear yard variance with respect to a proposed second story addition

The property, at 12 Franklin Ave., is located in a RA-9, District and is designated on the Tax Maps of the Village as Section 79.13 Block 4 Lot 22.

A public hearing having been held after due notice, this Board from the application and after viewing the premises and neighborhood concerned, finds:

There will be no undesirable change to the character of the neighborhood.

The neighbors who will be affected did not object to the application.

The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

The original structure pre-dates zoning

NOW, THEREFORE, BE IT RESOLVED, that the application is hereby GRANTED as follows:

Barlow – Made Motion to GRANT the application as requested for a 1.8 ft. rear yard variance.

Stephens – Second the Motion

Vote:  5-0 Barlow, Stephens, Sapir, Waitkins, Rolnick


According to Section 230-76 (D), “Unless work is commenced and diligently prosecuted within one (1) year of the date of the granting of a variance or special permit, such variance or special permit shall become null and void.”