Zoning Board Meeting & Work Session — 2026-02-19 — Agenda
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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/89129577263?pwd=aXQMLoO2AXbYGE5KoBKMZiiN0MuZnX.1
AGENDA………………………………………………...............................ZONING BOARD OF APPEALS
Town Hall – 1 Heady Street
Cortlandt Manor, NY 10567
Work Session – Thursday, February 19, 2026 at 6:30 PM
1. Discuss Agenda for the Regular Meeting
Regular Meeting – Thursday, February 19, 2026 at 7:00 PM *
1. Pledge to the Flag and Roll Call
2. Adoption of the Meeting Minutes for January 15, 2026
3. NEW PUBLIC HEARINGS
A. Case No. 2026-1 – Application of Steve Auth, for the property of Andrea Omboni, for area
variances, for lot area, front yard and side yard setbacks for a proposed new residence located at 34
Young St.
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, MARCH 19, 2026
*Regular meeting to begin at conclusion of the work session
Page 2
ZONING BOARD OF APPEALS FACT SHEET
ZBA Member Assigned: Walsh CASE NO.: 2026-1
Name of Applicant: Steve Auth
Owner: Andrea Omboni
Address of property: 34 Young Street
Section, Block, Lot: 13.13-2-34
Prior ZBA Case No.: NA
Zone: R-40
Lot Size: 34,820 sq. ft.
Request: Four Area Variances for a proposed new residence –lot area, front yard setback, and
both side yard setbacks.
Staff Comments: The Code Enforcement office received a building permit application for the
construction of a new home on an existing non-conforming vacant lot. They denied the request on
January 27, 2026. The property is zoned R-40, single-family residential requiring 40,000 sq.ft. The
subject parcel is located at 34 Young Street, south of existing houses at 30 and 32 Young St. The
houses are accessed by a driveway extension off the end of Young St. The applicant is proposing to
extend the driveway to serve the subject lot. There is an additional vacant parcel, 38 Young St.,
located to the south of the subject parcel. The driveway extension would bring the access close to the
end of School Street, a private road west of the subject parcel.
As described in the five-factor narrative and project cover letter, the applicant states that the
requested variances are due to the size requirements of the septic system and expansion area, the
sloped portion at the rear of the lot, and the desired size and configuration of the proposed house and
garage.
The code-compliant building envelope is 40 feet wide by over 2,000 feet deep, as shown on the plan
dated 1/19/2026. The grading to the rear of the house continues at a similar slope for approximately
50 feet beyond the septic expansion area, at which point the downward slope of the lot increases.
The garage is partially incorporated into the footprint of the house, contributing to the 60-foot width
of the structure, and the layout being typical of the raised ranch house style.
Variance(s) Requested: Area Variances: lot area, front yard and both side yards for a
proposed new house.
REQUIRED PROPOSED VARIANCE %
Area – 40,000 sq. ft. 34,820 sq. ft. 5,180 sq. ft. 13%
Front Yard – 50 ft. 30 ft. 20 ft 40%
Side Yards – 30 ft. 15 ft. (south side) 15 ft. 50%
25 ft (north side) 5 ft. 17%
SEQR: TYPE II – No further compliance required
Page 3
Page 4
Page 5
1 0 8 N D I V I S I O N S T R E E T, S U I T E 1 0 0 , P E E K S K I L L , N E W Y O R K 1 0 5 6 6
To: Town of Cortlandt Zoning Board of Appeals
Town Hall
1 Heady Street
Cortlandt Manor, New York 10567
Attn: Chair Fleming & Zoning Board of Appeals Members
Date: February 9, 2026
RE: PROJECT NARRATIVE- 34 YOUNG STREET RESIDENCE
34 Young Street, Cortlandt Manor, New York 10567
S-B-L: 13.13-2-34
Our office is pleased to present a proposal for a new single-family residence to be constructed
at 34 Young Street. The property is located in a R-40 Single-Family Residential Zone.
Figure 1. Proposed Rendering of New Single-Family Residence
Page | 1
Page 6
34 Young Street February 9, 2026
To support the new structure as proposed, this application is requesting consideration from the
Zoning Board of Appeals for relief from the following requirements of the Town of Cortlandt
Zoning Code Section 307 Attachment 3 Table of Dimensional Regulations:
• Minimum Lot Size:
Required Proposed Area Variance Required
40,000 SF 34,820 SF 5,180 SF
• Minimum Front Yard Setback:
Required Proposed Area Variance Required
50 FT 30 FT 20 FT
• Minimum Side Yard Setback:
Required Proposed Area Variance Required
30 FT 15 FT 15 FT
In the review of a request for area variances, there are five factors that are typically considered
as part of determining if the benefit to the applicant outweighs potential for adverse impact:
Lot Size Variance Request
1. Whether an undesirable change will be produced in the character of the neighborhood,
or if a detriment to nearby properties will occur:
We do not believe that allowing for the construction of a new residence on the pre-
existing non-conforming lot will result in an undesirable change in the character of the
neighborhood as many of the neighboring lots are of similar or lesser size.
Figure 2. Westchester GIS Area Map
Page | 2
Page 7
34 Young Street February 9, 2026
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 is no other alternative available to the Applicant other than to seek relief as the
minimum size standard applied by Zoning Law exceeds the size of the existing lot.
3. Whether the requested variance is substantial:
Due to the average size of the surrounding parcels, we do not believe the variance to be
substantial.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district:
We do not believe that allowing for the construction of a new residence on the pre-
existing non-conforming lot will result in an undesirable change in the character of the
neighborhood as many of the neighboring lots are of similar or lesser size.
5. Whether the alleged difficulty was self-created:
The existing parcel is believed to pre-date current zoning law and therefore the difficulty
was not self-created.
Front Yard Setback Variance Request
1. Whether an undesirable change will be produced in the character of the neighborhood,
or if a detriment to nearby properties will occur:
We do not believe the reduced front yard setback will result in an undesirable change to
the character of the neighborhood as many surrounding lots appear to have similar
setbacks.
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:
The need for the variance is to allow for placement of a septic system in conformance
with Westchester County Department of Health requirements. The slopes at the rear of
the lot are too steep to accommodate the system and therefore it is necessary to move
the proposed structure closer to the Street.
3. Whether the requested variance is substantial:
Based on typical setbacks observed on surrounding parcels, we do not believe the
variance to be substantial.
Page | 3
Page 8
34 Young Street February 9, 2026
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district:
We do not believe the proposed variance will have an adverse impact on the physical or
environmental conditions in the neighborhood as many surrounding lots appear to have
similar setbacks.
5. Whether the alleged difficulty was self-created:
While the action taken is self-created, the topographic challenges the existing lot
presents that limit the placement of a new septic system are not.
Front Yard Setback Variance Request
1. Whether an undesirable change will be produced in the character of the neighborhood,
or if a detriment to nearby properties will occur:
We do not believe the reduced side yard setback will result in an undesirable change to
the character of the neighborhood as many surrounding lots appear to have similar
setbacks.
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:
The need for the variance is primarily due to the pre-existing non-conforming lot width
of 100 feet as opposed to 150 feet required by Zoning Code. In order to place the 60-
foot-long residence proposed in a manner that allows vehicles to enter the garage, the
residence is proposed to favor the Southern lot line resulting in a proposed side yard
setback of 15 feet.
3. Whether the requested variance is substantial:
Based on typical setbacks observed on surrounding parcels, we do not believe the
variance to be substantial.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district:
We do not believe the proposed variance will have an adverse impact on the physical or
environmental conditions in the neighborhood as many surrounding lots appear to have
similar setbacks.
5. Whether the alleged difficulty was self-created:
Page | 4
Page 9
34 Young Street February 9, 2026
While the action taken is self-created, the pre-existing non-conforming lot width of 100
feet as opposed to 150 feet required by Zoning Code is not.
We respectfully request that the board consider these variance requests as we believe the
benefit to the applicant outweighs any potential for adverse effect. We look forward to further
reviewing this application with the Board. Please contact me should you have any questions or
should any further information be required.
Respectfully Submitted,
Joseph G. Thompson, RA, M. Arch, NCARB, LEED AP, CSBA, CDT
NYS Registered Architect
Page | 5
Page 10
Green Tek Modular Homes
61 Whitman Rd
Yorktown Heights, NY 10598
(914) 490-7596
February 5, 2026
Town of Cortlandt, c/o Chris Kehoe
1 Heady Street
Cortlandt Manor, NY 10567
RE: Area Variance Request for 34 Young Street
Dear Zoning Board of Appeals Members:
The proposed area variance requested will not be an undesirable change to the neighborhood. It will be
consistent and similar to the adjacent properties.
In consideration of this application the property is located in R-40 one acre zoning, however the property
does not consist of one acre of land, therefore the lot is substandard.
The side yard variance is requested to allow for garage entrance way to be located on the side of the
house. The front yard variance is requested to allow for a four bedroom septic system. The septic needs
to be installed in the center and forward portion of the lot due to the fact the rear portion of the property
slopes and does not conform to Westchester County Board of Health requirements. Furthermore, the
applicant will be required to connect School Street to Young Street for fire safety apparatus. Adjacent
properties with lots of 150’ still had to obtain variances for the purpose of construction. The proposed
house will consist of approximately 1700 sq ft on the upper level and approximately 900 square feet on
the lower level.
Due to the current zoning rules, the building envelope provides a 40’ wide house. Given the current cost
of construction and land values, it is not possible to obtain a reasonable return on the investment.
Furthermore, the property is located in a rural part of Cortlandt and approximately 6.6 acres of town
property which further demonstrates it will not be a detriment to the neighborhood or nearby properties.
Furthermore, there is no alternative method of obtaining relief from the current code due to the fact that is
a preexisting, non-conforming lot.
The difficulty in meeting current zoning requirements is not feasible.
Regards,
Steven A. Auth
President
Page 11
YOUNG STREET
32 YOUNG STREET
N/F GARDNER
BULK TABLE REQUIREMENTS
EXTEND
S-B-L: 13.13-2-35.1 Zone: R-40 Single Family Residential
ZONING
INFORMATION
Existing Use: Vacant Land
Proposed Use: Single Family Residence
Joseph G. Thompson Architect, PLLC
10 8 N D i vi si on S tree t, S ui te 100
Use Permitted By: By Right Peekskill, New York 10566
MINIMUM REQUIRED PH: (8 4 5) 5 3 2 - 8 1 5 6
EM: joe@jthompsonarch.com
Required Proposed
NOTES:
Lot Area IT IS A VIOLATION OF THE LAW FOR
EET
ANY PERSON, UNLESS ACTING
34 YOU
NG STR 34 YOUNG STREET Lot Width
UNDER THE DIRECTION OF A
LICENSED ARCHITECT OR ENGINEER,
0.79 ACRE LOT
TO ALTER AN ITEM IN ANY WAY. IF AN
ITEM BEARING THE SEAL OF AN
ARCHITECT OR ENGINEER IS
S-B-L 13.13-2-34 Landscape Coverage ALTERED, THE ALTERING ARCHITECT
OR ENGINEER SHALL AFFIX TO HIS
34,820.5 SF ITEM THE SEAL AND THE NOTATION
"ALTERED BY" FOLLOWED BY HIS
YARD SETBACKS SIGNATURE AND THE DATE OF SUCH
ALTERATION, AND A SPECIFIC
DESCRIPTION OF THE ALTERATION.
Required Proposed DO NOT SCALE DRAWINGS.
WRITTEN DIMENSIONS GOVERN.
Front © JOSEPH G THOMPSON ARCHITECT,
PLLC. ALL RIGHTS RESERVED.
Rear
Side
G . THOM
MAXIMUM PERMITTED PH
38 YOUNG STREET 36 YOUNG STREET 78 RED MILL ROAD
E
PS
JOS
ON
N/F VARA N/F GUILDED AGE N/F CARROLL
Permitted Proposed
S-B-L: 13.13-2-33.2 CONSTRUCTION S-B-L: 13.13-2-33
S-B-L: 13.13-2-33.1
Floor Area
036057
N Building Coverage
Site Location Map Site Plan Building Height SEAL
1 2 Joseph G. Thompson, RA
C1.01 Scale: 1" = 250'-0" C1.01 Scale: 1" = 30'-0" New York State License #036057
250 249 248 247 246 245 244 243
242
NEIGHBORING FENCE 219 218 217
EXTEND 241 PLAY
227 226 225 224 223 222
221 220
GYM 229 228
YOUNG NEW ASPHALT
240
239 237
236 234
233 232 231 230
STREET DRIVE 238 235
250
FOR ZONING BOARD OF APPEALS REVIEW & APPROVAL
249
DECK
(14' X 22')
308 SF
NEW
PAVER WALK
248
2 STORY SINGLE
34 Young Street
FAMILY RESIDENCE
Town of Cortlandt - Westchester County
(1,892 SF FOOTPRINT
+1,702 SF SECOND FLOOR)
LANDING
Cortlandt Manor, New York 10567
3,569 TOTAL SF
FFE 250'
Green Tek Land & Site, LLC
GARAGE SLAB ELEV 240.2'
S-B-L: 13.13-2-34
34 Young Street
SEPTIC
TANK
Date: February 2, 2026
Revisions:
244 243 242 241 240 239 238 237 236 235 234 233 232 231 230 229 228 227 226 225 224 223 222 221 220 219 218 217 216
3 Enlarged Architectural Site Plan
C1.01 Scale: 1" = 10'-0"
C1.01
Page 12
YOUNG STREET
32 YOUNG STREET
N/F GARDNER
BULK TABLE REQUIREMENTS
EXTEND
S-B-L: 13.13-2-35.1 Zone: R-40 Single Family Residential
ZONING
INFORMATION
Existing Use: Vacant Land
Proposed Use: Single Family Residence
Joseph G. Thompson Architect, PLLC
1 08 N D i vi si on S tree t, S ui te 100
Use Permitted By: By Right Peekskill, New York 10566
MINIMUM REQUIRED PH: (8 4 5) 5 3 2 - 8 1 5 6
EM: joe@jthompsonarch.com
Required Proposed
NOTES:
Lot Area IT IS A VIOLATION OF THE LAW FOR
RE E T
ANY PERSON, UNLESS ACTING
34 YO UNG S T 34 YOUNG STREET Lot Width
UNDER THE DIRECTION OF A
LICENSED ARCHITECT OR ENGINEER,
0.79 ACRE LOT
TO ALTER AN ITEM IN ANY WAY. IF AN
ITEM BEARING THE SEAL OF AN
ARCHITECT OR ENGINEER IS
S-B-L 13.13-2-34 Landscape Coverage ALTERED, THE ALTERING ARCHITECT
OR ENGINEER SHALL AFFIX TO HIS
34,820.5 SF ITEM THE SEAL AND THE NOTATION
"ALTERED BY" FOLLOWED BY HIS
YARD SETBACKS SIGNATURE AND THE DATE OF SUCH
ALTERATION, AND A SPECIFIC
DESCRIPTION OF THE ALTERATION.
Required Proposed DO NOT SCALE DRAWINGS.
WRITTEN DIMENSIONS GOVERN.
Front © JOSEPH G THOMPSON ARCHITECT,
PLLC. ALL RIGHTS RESERVED.
Rear
Side
G . THOM
MAXIMUM PERMITTED PH
38 YOUNG STREET 36 YOUNG STREET 78 RED MILL ROAD
E
PS
JOS
ON
N/F VARA N/F GUILDED AGE N/F CARROLL
Permitted Proposed
S-B-L: 13.13-2-33.2 CONSTRUCTION S-B-L: 13.13-2-33
S-B-L: 13.13-2-33.1
Floor Area
036057
N Building Coverage
Site Location Map Site Plan Building Height SEAL
1 2 Joseph G. Thompson, RA
C1.01 Scale: 1" = 250'-0" C1.01 Scale: 1" = 30'-0" New York State License #036057
250 249 248 247 246 245 244 243
242
NEIGHBORING FENCE 219 218 217
EXTEND 241 PLAY
227 226 225 224 223 222
221 220
GYM 229 228
YOUNG NEW ASPHALT
240
239 237
236 234
233 232 231 230
STREET DRIVE 238 235
250
FOR ZONING BOARD OF APPEALS REVIEW & APPROVAL
LINE OF MINIMUM REQUIRED SETBACK
249
DECK
(14' X 22')
308 SF
NEW
PAVER WALK
248
2 STORY SINGLE
34 Young Street
FAMILY RESIDENCE
Town of Cortlandt - Westchester County
(1,892 SF FOOTPRINT
+1,702 SF SECOND FLOOR)
LANDING
Cortlandt Manor, New York 10567
3,569 TOTAL SF
FFE 469.5'
Green Tek Land & Site, LLC
GARAGE SLAB ELEV 468'
LINE OF MINIMUM REQUIRED SETBACK
S-B-L: 13.13-2-34
34 Young Street
SEPTIC
TANK
Date: January 19, 2026
Revisions:
244 243 242 241 240 239 238 237 236 235 234 233 232 231 230 229 228 227 226 225 224 223 222 221 217 216
3 Enlarged Architectural Site Plan
C1.01 Scale: 1" = 10'-0"
C1.01
Page 13
Joseph G. Thompson Architect, PLLC
10 8 N Divi sio n S tr ee t, S u ite 1 00
Peekskill, New York 10566
PH: (8 4 5) 5 3 2 - 8 1 5 6
EM: joe@jthompsonarch.com
NOTES:
IT IS A VIOLATION OF THE LAW FOR
ANY PERSON, UNLESS ACTING
UNDER THE DIRECTION OF A
LICENSED ARCHITECT OR ENGINEER,
TO ALTER AN ITEM IN ANY WAY. IF AN
ITEM BEARING THE SEAL OF AN
ARCHITECT OR ENGINEER IS
ALTERED, THE ALTERING ARCHITECT
OR ENGINEER SHALL AFFIX TO HIS
ITEM THE SEAL AND THE NOTATION
"ALTERED BY" FOLLOWED BY HIS
SIGNATURE AND THE DATE OF SUCH
ALTERATION, AND A SPECIFIC
DESCRIPTION OF THE ALTERATION.
DO NOT SCALE DRAWINGS.
WRITTEN DIMENSIONS GOVERN.
© JOSEPH G THOMPSON ARCHITECT,
PLLC. ALL RIGHTS RESERVED.
1 1
A3.02 A3.03
G . THOM
PH
E
PS
JOS
ON
036057
SEAL
Joseph G. Thompson, RA
New York State License #036057
MODULAR
CONSTRUCTION
REFER TO MODULAR
PLANS BY OTHERS
FOR ZONING BOARD OF APPEALS REVIEW & APPROVAL
FOYER
34 Young Street
Town of Cortlandt - Westchester County
1
A3.01
Cortlandt Manor, New York 10567
Green Tek Land & Site, LLC
S-B-L: 13.13-2-34
34 Young Street
2
A3.02
Date: February 5, 2026
Revisions:
1 Basement Architectural Plan N
S1.02 Scale: 1/4" = 1'-0"
S1.02
Page 14
Joseph G. Thompson Architect, PLLC
10 8 N Divi sio n S tr ee t, S u ite 1 00
Peekskill, New York 10566
PH: (8 4 5) 5 3 2 - 8 1 5 6
EM: joe@jthompsonarch.com
NOTES:
IT IS A VIOLATION OF THE LAW FOR
ANY PERSON, UNLESS ACTING
UNDER THE DIRECTION OF A
LICENSED ARCHITECT OR ENGINEER,
TO ALTER AN ITEM IN ANY WAY. IF AN
ITEM BEARING THE SEAL OF AN
ARCHITECT OR ENGINEER IS
ALTERED, THE ALTERING ARCHITECT
OR ENGINEER SHALL AFFIX TO HIS
ITEM THE SEAL AND THE NOTATION
"ALTERED BY" FOLLOWED BY HIS
SIGNATURE AND THE DATE OF SUCH
ALTERATION, AND A SPECIFIC
DESCRIPTION OF THE ALTERATION.
DO NOT SCALE DRAWINGS.
WRITTEN DIMENSIONS GOVERN.
© JOSEPH G THOMPSON ARCHITECT,
PLLC. ALL RIGHTS RESERVED.
G . THOM
PH
E
PS
JOS
ON
036057
W
SEAL
D
Joseph G. Thompson, RA
New York State License #036057
LAUNDRY
ROOM BEDROOM
BATHROOM
PANTRY
FOR ZONING BOARD OF APPEALS REVIEW & APPROVAL
FAMILY
ROOM
TWO CAR STORAGE
GARAGE
FOYER
34 Young Street
Town of Cortlandt - Westchester County
Cortlandt Manor, New York 10567
Green Tek Land & Site, LLC
S-B-L: 13.13-2-34
34 Young Street
Date: February 5, 2026
Revisions:
1 Basement Architectural Plan N
A1.00 Scale: 1/4" = 1'-0"
A1.00
Page 15
Joseph G. Thompson Architect, PLLC
10 8 N Divi sio n S tr ee t, S u ite 1 00
Peekskill, New York 10566
PH: (8 4 5) 5 3 2 - 8 1 5 6
EM: joe@jthompsonarch.com
NOTES:
IT IS A VIOLATION OF THE LAW FOR
ANY PERSON, UNLESS ACTING
UNDER THE DIRECTION OF A
LICENSED ARCHITECT OR ENGINEER,
TO ALTER AN ITEM IN ANY WAY. IF AN
ITEM BEARING THE SEAL OF AN
ARCHITECT OR ENGINEER IS
ALTERED, THE ALTERING ARCHITECT
OR ENGINEER SHALL AFFIX TO HIS
ITEM THE SEAL AND THE NOTATION
"ALTERED BY" FOLLOWED BY HIS
SIGNATURE AND THE DATE OF SUCH
ALTERATION, AND A SPECIFIC
DESCRIPTION OF THE ALTERATION.
DO NOT SCALE DRAWINGS.
WRITTEN DIMENSIONS GOVERN.
© JOSEPH G THOMPSON ARCHITECT,
PLLC. ALL RIGHTS RESERVED.
G . THOM
PH
E
PS
JOS
ON
036057
SEAL
Joseph G. Thompson, RA
New York State License #036057
1 East Elevation 2 North Elevation
A2.01 Scale: 1/4" = 1'-0" A2.01 Scale: 1/4" = 1'-0"
FOR ZONING BOARD OF APPEALS REVIEW & APPROVAL
34 Young Street
Town of Cortlandt - Westchester County
Cortlandt Manor, New York 10567
Green Tek Land & Site, LLC
S-B-L: 13.13-2-34
34 Young Street
Date: February 5, 2026
Revisions:
3 South Elevation 4 West Elevation
A2.01 Scale: 1/4" = 1'-0" A2.01 Scale: 1/4" = 1'-0"
A2.01
Page 16
ZONING BOARD OF APPEALS
Town of Cortlandt
Westchester County, New York
DECISION & ORDER
Case #: 2025-6
Petitioner: Paola Patino/Miguel Rodas
Owner: Same
Address: 60 Carolyn Drive
Tax Map Designation: Section 22.08 Block: 2 Lot: 61
Present Zoning: R-20
Nature of Petition: [X] Area Variance [] Use Variance [] Interpretation
Describe Request: A variance from Section 261-23, Curb Cuts, single-curb cut allowed, second curb cut is
proposed.
Drawings: Property Survey prepared by Steven J. Green, PLS dated December 16, 2024
Board Members: Present: Absent:
Michael Fleming
Wai Man Chin
Benito Martinez
Frank Franco
Michelle Piccolo-Hill
Tom Walsh
Chris Beloff
The above referred to Petition, having been duly advertised in The Croton Gazette, the official newspaper of the
Town of Cortlandt in the weekly issue published on 7/10/25 – 7/16/25, Town Board Resolution No. 153-88
having been complied with and the matter having duly come to be heard before a duly convened meeting of the
Board on the following dates, 7/22/25, 10/16/25 & 11/20/25 held at Town Hall and all of the facts, matters and
evidence produced by the Petitioner, by the administrative official and by interested parties having been duly
heard, received and considered, and due deliberation having been had, the following Decision and Order is
hereby made:
The Zoning Board of Appeals has taken into consideration the benefit to the applicant if the variances are
granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by
such grant. In making such determination, the Board makes the following findings:
1. In the opinion of the Zoning Board of Appeals there will be an undesirable change in the character of the
neighborhood and a detriment to nearby properties will be created by granting the requested variance for
an additional curb cut for a second driveway. According to the applicant the second driveway had
already been informally created by the previous owner when they purchased the house. They continued
to use the driveway and applied to the Town for a driveway permit. The applicant was issued a denial
letter as a second curb cut for a second driveway is not permitted under Town Code. The applicant uses
the second driveway to park a recreational vehicle, a boat, personal vehicles, and according to
information gained by photographs and visits to the area by Zoning Board members, items related to the
applicant’s business. The number of vehicles parked in this area and coming and going from the site is
not in character with the residential neighborhood of single-family homes. In addition, in an R-20
zoning district a recreational vehicle and boat cannot be located in the front or side yard. As this
application was progressed the applicant proposed an extension to the driveway in an effort to relocate
the recreational vehicle and boat to the rear yard. The location of this second driveway is within 75’ of
Page 17
ZBA Decision & Order, Case #2025-6 Page 2
Westchester Lake, a regulated wetland. The parking of vehicles within the wetland buffer could
potentially have adverse environmental impacts to the lake given the potential of oil or gasoline leaks
and runoff caused by the creation of an impervious surface within the buffer. The applicant was given
the option of presenting alternative designs for the driveway such as a pervious gravel surface, buffer
plantings, etc. but never presented sufficient details or justification.
2. The benefit sought by the applicant can be achieved by some other feasible method. The house already
has an existing paved driveway and garage for personal vehicles. The boat and recreational vehicle
could be stored off-site. In addition, the recreational vehicle and boat are permitted to be on the property
as long as they are located in the ear yard. The applicant could investigate other methods to locate the
vehicles in the rear yard.
3. The requested variance for the second curb cut is not a traditional request in the sense that it is not easily
determined whether or not it is substantial. However, the number of vehicles and the activity going on in
the driveway accessed through the second curb cut was substantial in the opinion of the Zoning Board of
Appeals.
4. The requested second curb cut for a second driveway does, in the opinion of the Zoning Board of
Appeals, have the potential for an adverse effect and impact on the physical and environmental
conditions in the neighborhood or district. The number of vehicles stored in, and actively using the
second driveway, does have a negative visual impact to neighboring properties. In addition, the location
of the driveway is within the regulated wetland buffer to Westchester Lake and could have the potential
to adversely impact the health of the lake.
5. While the driveway may have existed when the applicant purchased the property, their continued use of
the driveway is a self-created hardship and in the opinion of the Zoning Board there are alternatives
available to the property owner that outweigh the granting of the requested variance.
Therefore, the application for an Area Variance for a second curb is hereby DENIED. The applicant is hereby
required to:
1) Rebuild the curb along Carolyn Drive and restore the area currently being used as a driveway to a
natural/yard condition to the satisfaction of the Department of Technical Services.
Further it is ordered that in all other respects Petitioner comply with all of the rules, regulations and ordinances
of the Town of Cortlandt and all other agencies having jurisdiction.
Adopted: February 19, 2026
Cortlandt Manor, New York
Date filed: February xx, 2026
__________________________ _____________________________
Chris Kehoe, AICP Michael Fleming
Clerk, Zoning Board of Appeals Chairman, Zoning Board of Appeals