Peekskill Zoning Board of Appeals Meeting – October 16, 2025

This meeting of the Zoning Board of Appeals (ZBA) addressed two main agenda items: consent for the Planning Commission to act as lead agency for SEQRA review of 1019 Park Street, and a continued public hearing on area variances for a proposed garage at 317 North Division Street. The applicant for 317 North Division Street presented revised plans that reduced the building footprint and increased setbacks. After reading a public comment email expressing concerns and deliberating the five variance factors, the board voted unanimously to approve the variances. Approval of meeting minutes from July and September 2025 was tabled due to insufficient members present who attended those meetings.

Public Comments & Testimony

• Rachel (last name not stated): Submitted an email read into the record. She expressed concern that the benefit to the owner is not outweighed by the net detriment to neighboring properties or the neighborhood, particularly citing the additional impermeable areas without offsetting benefits (e.g., housing). She noted that similarly crowded lots heighten concerns about detriment to existing structures from construction and water runoff. She characterized the variance as substantial because the accessory building is as large or larger than the existing residence, with no benefit to the neighborhood. She also pointed out a contradiction in the staff report regarding water and sewer service: the report states "no water or sewer service or habitable space" but also says "water service and electric heat will be installed for maintenance of the cars."

Discussion Items

• 1019 Park Street – SEQRA Lead Agency: The board agreed to consent to the Planning Commission acting as lead agency for coordinated SEQRA review of the proposed third-story addition and renovations. A motion was made, seconded, and passed unanimously. No public hearing was required for this item.
• 317 North Division Street – Continued Public Hearing on Area Variances: The applicant, represented by Pat Costa Beal (Stephen A. Costa Associates), presented revised plans for a detached garage intended for classic car storage, grounds maintenance equipment, and tenant storage. Key changes included reducing the building width to about two car widths, moving it further from the rear yard (now 13 feet), providing 10 feet on each side (increased from 5 feet), and altering the roof design to reduce perceived height. The building footprint is approximately 1,636 square feet, with impervious surface reduced from 89% to 74.72%. The lot is 50 feet wide; required side and rear yards are 30 feet each, so the requested variances are for 20 feet in side yards and 17 feet in rear yard. The board discussed the five variance factors as outlined in the staff report:
  • Detriment to neighborhood: The character of the neighborhood already includes similar configurations; privacy fences and landscaping will mitigate visual intrusion.
  • Alternative methods: The lot's narrowness makes compliance impossible; proposed configuration is the only feasible option.
  • Substantiality: The setback variances are substantial (20-foot and 17-foot), but necessary given the lot width; parking variance (one space) was questioned and ultimately not considered because parking is the use itself (garage).
  • Physical environmental conditions: Similar lots exist; no adverse effect anticipated.
  • Self-created hardship: Acknowledged as self-created, but not dispositive because the use is consistent with surrounding patterns.
  • Board member Carol raised the issue of the building's height (21 feet to midpoint) not being fully discussed in the findings, but other members noted it is below adjacent structures and within FAR limits. The building is two stories; the owner's daughter (a tenant) would use upper floor storage. The board felt the proposal was reasonable and consistent with the neighborhood.

Key Outcomes

• 1019 Park Street: Approved motion (unanimous) to allow the Planning Commission to act as lead agency for SEQRA review; no further ZBA action at this time.
• 317 North Division Street: The public hearing was closed via unanimous motion. A subsequent motion to approve the area variances as stated in the staff report was made, seconded, and passed unanimously (all four present members voted aye). The approval grants variances of 20 feet from the required 30-foot side yards and 17 feet from the required 30-foot rear yard.
• Minutes Approval: The minutes from July 17, 2025 and September 18, 2025 were not approved because only two of the four present members attended the July meeting, insufficient to constitute a quorum for minutes approval. The item was tabled to a future meeting.