Zoning Board Meeting & Work Session — 2026-01-15 — Agenda

Page 1 TOWN OF CORTLANDT ZONING BOARD OF APPEALS Town Hall, 1 Heady Street Michael Fleming Cortlandt Manor, NY 10567 Town Supervisor Main #:Chairman 914-734-1080 914-734-1080 Richard H. Becker, MD Wai Man Chin Town Board Vice-Chairman James F. Creighton Chris Beloff Cristin Jacoby Frank Franco Robert Mayes Michelle Piccolo Hill Joyce C. White Benito Martinez Thomas Walsh TO JOIN THE MEETING REMOTELY USE THE ZOOM LINK BELOW: https://us02web.zoom.us/j/87502548613?pwd=x6MD6Nhunj6y8hlrmbO8oRTHzlHxU5.1 AGENDA………………………………………………...............................ZONING BOARD OF APPEALS Town Hall – 1 Heady Street Cortlandt Manor, NY 10567 Work Session – Thursday, January 15, 2026 at 6:30 PM 1. Discuss Agenda for the Regular Meeting Regular Meeting – Thursday, January 15, 2026 at 7:00 PM * 1. Pledge to the Flag and Roll Call 2. Adoption of the Meeting Minutes for December 18, 2025 3. NEW PUBLIC HEARINGS A. Case No. 2025-15 – Application of Stuart Markowitz, AIA, AICP, LEED AP for the property of Buena Vista Builders, LLC for an area variance, side yard setback, for an existing chimney for property located at 65 Dutch Street. B. Case No. 2025-16 – Application of Robert Keeler, RA for the property of Percy & Barbara Montes for an area variance for accessory building coverage exceeding 50% of the floor area of the principal dwelling for property located at 18 Radio Terrace. 4. OLD BUSINESS A. Case No. 2025-6 Application of Paola Patino and Miguel Rodas for an area variance for an additional curb cut (driveway) for property located at 60 Carolyn Drive. NEXT REGULAR MEETING THURSDAY, FEBRUARY 19, 2026 *Regular meeting to begin at conclusion of the work session Page 2 ZONING BOARD OF APPEALS FACT SHEET ZBA Member Assigned: Piccolo-Hill CASE NO.: 2025-15 Name of Applicant: Stuart Markowitz, RA Owner: Buena Vista Builders, LLC Address of property: 65 Dutch St. Section, Block, Lot: 54.12-4-26.2 Prior ZBA Case No.: Zone: R-15 Lot Size: 17,273 sq. ft. Request: Area variance under Section 307-18 Supplemental Dimensional Regulations Subsection B. (4), for an existing chimney extending into the side yard. Drawings: Drawing entitled “Site Plan prepared for Buena Vista Builders, LLC” prepared by Ralph Mastromonaco, P.E. latest revision dated December 20, 2024. 20-page set of drawings entitled “New Residence, 65 Dutch St.” prepared by SMA Architecture latest revision dated December 30, 2024. Property Survey prepared by Ramzan Ali, LS dated November 14, 2025 Staff Comments: During a site inspection it was determined that the current single-family residence under construction at 65 Dutch St. is not in conformance with the Town Zoning code. The existing chimney is 7’ 6” from the side yard. The code requires the chimney to 8’ 6” The minimum side yard setback is 10’ but the code allows chimneys to extend into any yard for a distance not to exceed 18 inches. A denial letter was issued on December 15, 2025. Variance(s) Requested: An area variance for an existing chimney in the side yard. REQUIRED PROPOSED REQUEST PERCENT 10’ (chimney can encroach 1’6’) 8’ 6” 7’, 6” 1’ 12% SEQR: TYPE II – No further compliance required Page 3 Page 4 SMA A RCH I T E C T U R E P L A N N I N G I N T E R I O R S P C STUART MARKOWITZ AIA AICP LEED AP, PRINCIPAL KENNETH W. BINGHAM AIA LEED AP, ASSOCIATE 18 December 2025 Hon. Michael Fleming Chair, Zoning Board of Appeals Town of Cortlandt 1 Heady Street Cortlandt manor, New York 10567 Re: 65 Dutch Street Block/Lot 54.12-4-26.2 Buena Vista Builders Permit No. A-24-107 Dear Mr. Fleming: This letter is written in support of the application for a zoning variance made on behalf of, Buena Vista Builders, LLC, the Owner of 65 Dutch Street, in Montrose. The subject property is a single-family residence lot, located in the R-15 zoning district. The building permit for the house construction was issued on 24 April 2025, and the house is partially constructed. Nature of the Non-Compliant Condition and Current Status The construction is currently suspended, under a Stop Work Order, issued by the Department of Technical Services on 7 November. The Stop Work Order was issued when the foundation survey submitted by the Contractor showed that the chimney of the house extended further into the required side yard than indicated in the approved drawings and permitted by Section 307-18 of the Zoning Ordinance. The minimum side yard dimension required in the R-15 district is 10’-0”. Section 307-18 B(4) permits an encroachment of 1’-6” into the side yard for Chimneys, with a resultant minimum side yard setback for chimneys of 8’-6”. 75 EAST MOUNT AIRY ROAD CROTON-ON-HUDSON NEW YORK 10520 TEL 914.271.2712 FAX 914.271.6690 E-MAIL info@sma-architects.com Page 5 We have attached copies of the following: The foundation survey (dated 14 November 2025) The originally approved engineering site plan (included in the approved drawing set) The originally approved construction drawings The Denial Letter (issued on 15 December 2025) The Recorded Property Deed A Short Form EAF A Proxy Statement from the Owner A letter of support from the neighbor nearest the chimney As can be seen in the Architectural Site Plan, the originally approved design called for the house to be located between 10’-6” and 10’-10” from the property line (the house does not exactly align with the side property line), with the chimney extending 2’-1” from the building, resulting in a clear side yard dimension (from the chimney) of 8’-8 1/2”, as permitted by Section 307-18 B(4). (Note the Engineering Site Plan indicated a 10-foot minimum side yard, but the chimney depth is not specifically delineated). The foundation survey of constructed conditions shows that the building’s foundation walls were set between 10.1’ and 10.3’, a few inches closer than the plan indicated, but still complaint. However, the chimney was inadvertently constructed deeper than shown in the drawings, resulting in a clear side yard at the chimney of 7.5’ (7’-6”) extending into the side yard, 1’-0” more than permitted. Causative Factors The non-compliant condition was apparently the product of two issues. The first related to the preparation of the original construction stake out and the second related to the chimney layout and construction. The Owner has informed us that the Surveyor reported some minor confusion over some control data, both horizontal and vertical. This has resulted in the delay experienced in the preparation of the foundation survey and caused two amendments of the survey. The second issue is one of a simple, minor, construction layout error. While both issues resulted in errors of only a few inches, the cumulative error resulted in a side yard extension, 1’-0” greater than permitted. Mitigating Factors While it is agreed that this non-compliance should not have occurred, there are a few points to be made regarding mitigating context. - That the noncompliance is only 1’-0” for the width of the chimney only. 75 EAST MOUNT AIRY ROAD CROTON-ON-HUDSON NEW YORK 10520 TEL 914.271.2712 FAX 914.271.6690 E-MAIL info@sma-architects.com 2 Page 6 - That, based on available survey data, the nearest corner of the nearest house, located at 77 Dutch Street, is approximately 34 feet distant from the chimney as constructed. - That sidewall of the house at 77 Dutch is not directly aligned with the house at 65 Dutch Street and is offset approximately 6 feet from the rear of 77 Dutch to the front of 65 Dutch. - That this noncompliance was clearly the result of error. There is no material benefit to the property owner of 65 resulting from the non-compliance. Aside from the approximately 5 square feet (1’-0” x the width of the chimney), no footprint floor area is gained and no interior floor area or other benefit is obtained. - The Owner of 77 Dutch Street has provided a letter in support of this variance request. Requested Variance While, as discussed above, the recorded non-compliance is 1’-0”, we request a variance for the constructed condition. The reason for this request is solely to provide a margin of error for the chimney as constructed, if, and only if, any further amendments to the survey are forthcoming. ‘Five Factor’ Review 1 Whether an undesirable change will be produced in the character of the neighborhood, or if a detriment to nearby properties will occur No undesirable change will be produced. The 12-inch extension will be all but impossible to perceive from the street or from neighboring properties. 2 Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance There does not appear to be any readily achievable alternative solution, short of demolition and reconstruction of the chimney. 3 Whether the requested variance is substantial We believe that the requested variance is minimal. As discussed above, the Owner has obtained no material benefit from the error that caused the extension requiring the proposed variance. 4 Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district The proposed variance will have no adverse impact on the neighborhood or district. As noted in the more detailed discussion above, we believe that the additional extension of the now constructed chimney into the side yard will be almost impossible to perceive from the street or from the neighboring properties. The neighbor closest to the chimney has provided a letter of support for the proposed variance. 75 EAST MOUNT AIRY ROAD CROTON-ON-HUDSON NEW YORK 10520 TEL 914.271.2712 FAX 914.271.6690 E-MAIL info@sma-architects.com 3 Page 7 5 Whether the alleged difficulty was self-created Also as discussed above, the difficulty was caused by some reported confusion on the part of the surveyor and an error by the Contractor, and so was self-created. We have appended to these notes a few photos of the constructed conditions. Please let this office know if you or the Board have any questions that we may respond to prior to the Board meeting. We thank the Board in advance for its consideration of this matter. Very truly yours, Stuart Markowitz AIA AICP LEED AP 65 DUTCH ZBA LETTER 12-18-25 75 EAST MOUNT AIRY ROAD CROTON-ON-HUDSON NEW YORK 10520 TEL 914.271.2712 FAX 914.271.6690 E-MAIL info@sma-architects.com 4 Page 8 Page 9 Page 10 Page 11 THIS DRAWING SET HAS BEEN REVIEWED AND FOUND ACCEPTABLE. ALL PUBLIC HEALTH AND SAFETY CONSIDERATIONS ARE SOLELY THE RESPONSIBILITY OF THE DESIGN PROFESSIONAL WHO HAS SIGNED AND SEALED THESE DRAWINGS. Artie D'Angelo, Jr. REVIEWED BY: ________________ 4/23/2025 ACCEPTED BY: ________________ ___________ DIRECTOR DOTS DATE This Drawing set has been reviewed by the Town of Cortlandt Code Enforcement Division and was approved for a Permit. 1. Regrading shall blend with the natural contours and undulations of the land. 2. Cuts and fills shall be rounded off to eliminate sharp angles at the top, bottom and sides of regraded slopes. Visible construction cuts and permanent scarring should be minimized. 3. The angle of cut and fill slopes shall not exceed a slope of one vertical to two horizontal except where retaining walls, structural stabilization or other methods acceptable to the Director of Technical Services are used. 4. Tops and bottoms of cut and fill slopes shall be set back from structures a distance that will ensure the safety of the structure in the event of the collapse of the cut or fill slopes. Generally, such distance shall be considered to be six feet plus 1/2 the height of the cut or fill. Nevertheless, a structure built on a slope or at the toe of a slope is permitted if it is properly designed to retain the slope and withstand the forces exerted on it by the retained slope. 5. Disturbance of rock outcrops shall be by means of explosive only if labor and machines are not effective and only if rock blasting is conducted in accordance with all applicable laws and regulations of the Town of Cortlandt, County of Westchester, and the State of New York. 6. Disturbance of steep slopes shall be undertaken in workable units in which the disturbance can be completed and stabilized in one construction season so that areas are not left bare and exposed during the winter and spring thaw periods (December 15 through April 15). 7. Disturbance of existing vegetative ground cover shall not take place more than 15 days prior to grading and construction. 8. Temporary soil stabilization, including, if appropriate, temporary stabilization measures such as netting or mulching to secure soil during the grow-in period, must be applied to an area of disturbance within two days of establishing the final grade, and permanent stabilization must be applied within 15 days of establishing the final grade. 9. Soil stabilization must be applied within two days of disturbance if the final grade is not expected to be established within 60 days. 10. Measures for the control of erosion and sedimentation shall be undertaken consistent with the Westchester County Soil and Water Conservation District's Best Management Practices Manual for Erosion and Sediment Control and New York State Guidelines for Urban Erosion and Sediment Control, as amended, or their equivalents satisfactory to the approval authority. 11. All proposed disturbance of steep slopes shall be undertaken with consideration of the soils limitations characteristics contained in the Identification Legend, Westchester County Soils Survey, 1989, as prepared by the Westchester County Soil and Water Conservation District, in terms of recognition of limitation of soils on steep slopes for development and application of all mitigating measures and as deemed necessary by the approval authority. Page 12 1. This is to certify that there are no visible streams or natural Real Property | Real People | Real Solutions water courses in this property unless shown on this survey. 2. Encroachments, vaults, and easements, if any below Alli Surveying P.C. surface are not shown hereon. 77-16 164 Street, Suite 202 3. This survey is NOT a title survey and is not to be used for Fresh Meadows, NY 11366 title purposes. This surveyor will not be responsible for its Tel: 212-732-1393 ~ www.allisurveying.com use as a title survey. 4. Elevations refer to Engineer Design Plan E-mail: info@allisurveying.com N N 52°06'00" E N 56°47'00" E RECORDS OF FRANK E. TOWLE & SON, INC. TO HARWOOD SURVEYING W 19.34' 12.05' ARISTOTLE BOURNAZOS PC N 48°56'00" E NOTICE: © 2025 Alli Surveying P.C. All Rights Reserved E 1 Story Frame 18.03' N 46°24'00" E 17.08' 10.8 'N 10.8 'N N 55°33'00" E N 50°54'10" E 28.06' S X-Cut Set at PL Corner on Rock 39.37' X-Cut Set 142.91' at PL Corner on Rock 70.66' PROJECT No.: AS-001720W DRAWN BY: HM CHECKED BY: AA 2 PROFESSIONAL SEAL: Wing Set on Rock 1 O F NE W E ZA N A Y E M L R T A O A 6'00" LI RK ST Building Under Construction (Up to Two Story) OR S 28°3 L IC TW 108.69 BW 104.51 EY EN TW 106.10 BW 101.65 ED 0 5 0 4 5 7 RV S Hub Set L A ND S U Online Hub Set Wing Set at PL Corner Wall on Rock 1.0'E "E Tax lot 25 RAMZAN ALLI, LS No. 050457 S 25° 32.87' 52'00 STATE OF NEW YORK Tax lot 26.2 Tax lot 26.1 Area= 17,273. Sq. Ft. No. 77 0.397 Acre 1 Story Frame Hub Set at PL Corner Property Address: Tax Designation: 65 Dutch Street District: - Montrose 54.12 "E Section: N 38°02'18" W Town of Cortlandt Block: 4 County of Westchester 26.2 S 33°31'00 37.71' Lot: State of New York SCALE: Wall 1.3'E 109.54' Hub Set S 49°48'10" W Hub Set at PL Corner at PL Corner Original Scale: 1"=15' EL 96.15 Hub Found EL 92.73 POB at PL Corner U EP 94.69 EP 91.08 2.77' CL 95.04 S 54°32'40" W CL 91.53 Dutch ASPHALTIC PAVEMENT Street November 14, 2025 Property Line Marked & Map Amended October 30, 2025 Elevation Added October 24, 2025 Survey Amended October 21, 2025 DATE OF SURVEY MARK DATE DESCRIPTION SHEET TITLE: LEGEND U 2 EP TW CL BW FOUNDATION SURVEY POB EL Page 13 ZONING BOARD OF APPEALS FACT SHEET ZBA Member Assigned: Beloff CASE NO.: 2025-16 Name of Applicant: Robert Keeler, R.A. Owner: Percy & Barbara Montes Address of property: 18 Radio Terrace Section, Block, Lot: 23.5-4-1 Prior ZBA Case No.: Zone: R-40 Lot Size: 8.4 acres Request: Area variance under Town Code Chapter 307-Zoning, Attachment 3, Table of Dimensional Regulations, Residential Districts and Attachment 4, Table of Dimensional Regulations, Maximum Floor Area in Residential Districts. The current development of the property has led to the total footprint of all accessory buildings exceeding the maximum permitted amount of 50% of the floor area of the principal dwelling. 1,752 sq. ft. permitted, 5,589 sq. ft. proposed. Drawings: 6-page set of drawings entitled “Barn Reconstruction, Montes Residence” prepared by Robert Keeler, R.A. latest revision dated November 21, 2025. Property Survey prepared by Robert S. Johnson, PLS dated November 7, 2025 Staff Comments: An application was made to the Department of Technical Services (DOTS) for a new detached garage and to retroactively legalize a pool reconstruction, pool house and miscellaneous sheds. A denial letter was issued on December 12, 2025. DOTS is only evaluating the residential portion of the subject property. The 8.4-acre property also contains a daycare facility in an existing building, approved by Special Permit by the Planning Board. Currently there is 3,769 sq. ft. of accessory buildings on site. A building permit application, A-23-529 was submitted to reconstruct a fire damaged barn. That application has been amended to not only reconstruct but to enlarge the structure by 1,250 sq. ft. Other accessory structures include various sheds, structures, a pool house and a proposed pool pavilion. Variance(s) Requested: Increase the maximum square footage of accessory buildings (existing and proposed) from 1,752 sq., ft. to 5,589 sq. ft. REQUIRED PROPOSED REQUEST PERCENT 1,752 sq. ft. 5,589 sq. ft. 3,837 sq. ft. 219% SEQR: TYPE II – No further compliance required Page 14 Page 15