Planning Board - Regular Meeting

this this meeting of the town of Bedford Planning Board to order. Um before I do anything else, I want to tell you that if you're here for item number one, U 75 Millertown Road or item number three, 793 Bedford Road. Those have have both been adjourned to our January meeting. So, your evening just became much shorter. Um, the first item on our agenda tonight is for us to go into executive session for legal advice concerning pending violations concerning the property at 309 Suckle Road. So, we will be going into executive session. Uh, we're going to ask you please to not go into the hallway because that's where we're going to have the executive session. So, Uh oh. Could I have a motion to go into executive session?

Is any further discussion? All in favor? I. All oppose. We're going into executive session.

Executive session. Some moved. Is there a second? Second. All in. Any further discussion? I. All in favor?

I. All opposed. Uh we are out of executive session. I'd like to call this meeting of the Bedford Planning Board uh to order again. Uh and the first item on our agenda again uh item number one has been adjourned till uh our January meeting. Uh the next item on our agenda is uh to consider an application for a special use permit for the conversion of a garage to a cottage pursuant to town code section 125-79.1. Uh the property is at 333 Bedford Center Road in Bedford Hills. Are you here to speak for the application?

Yes, my name is Darren Berser. I'm the architect for the project. Okay. Um now this technically is a public hearing. So, if there's some way to get move it sideways sideways should should help. Sometimes they can pick it up on the camera.

Okay. Okay.

Yes. So, this project was started about a year and a half ago. Um, we converted an existing garage building, a threecar garage into a a twocar garage edition. And then we converted the the um existing garage into a home office for my client. And then we designed the second floor for the future because he's getting older and they have actually a a kind of a house manager who lives with them. And so they wanted to have a place for her to live in the house privately. So the second floor is was designed to have the be turned into a an apartment. So the all the all the requirements that are needed for parking are here. There's two spots in the garage and three spots out outside for five cars. It's um the coverages and all the zoning was already done. There was no variances required for this building that we built and still it still has a building permit at this point. It's still open. the second floor, which is the loft space, is a staircase coming up, a separate entrance off the side going up into a larger um lounge area with a kitchen. And then in the back here in the center of the building, there's a bedroom and a bathroom.

So all the required [clears throat] percentages of coverage based upon the this building and also the existing house are under the requirements. So all of those aspects are are are complying. So we're just looking for a special use permit for the um cottage. Now there is one aspect in which you you do not need to go to the zoning board and that's because the property is is not old enough. Right. Right.

Uh this is a public hearing. Are there any questions or comments from members of the audience? about this application. Is there anybody on the Zoom who has a comment about this application? Members of the board, any comments or or questions? This is this is a very straightforward one in in the that except for the technicality of of chronology, right? Uh you really do meet all of the requirements.

I met with [clears throat] Jeff Frell last week and we walked through the the building and we discussed all the parameters that need to be required and they all met. So yeah, one one more try. Are there any comments from members of the audience? Any comments from the Zoom? Could I have a motion to uh end the public hearing? Someone. Is there a second? Second. All in favor? I.

All oppose. We've taken care of the public hearing. I don't think we can do anything else for you tonight until you go to zoning and and come back to us, but but you're through the public hearing at this point. So, I understand. Thank you very much. Okay. Thank you.

Next item on our agenda, uh, that's the last public hearing. The next item on our agenda is um per town code chapter 125-133 re review of a referral from the from the town board. Uh I'm not going to read this this whole business. This is um we were asked to declare ourselves lead agency uh for this project. We did that slightly over 30 days ago. The 30-day period is up. There have been no

Yes, there has been no one else who's asked for the privilege of being lead agents. So, um we will be declaring ourselves lead agents for the for the project and in that capacity we'd like to hear just a little bit about where you are with the project.

Thank you, Madam Chairperson. P Daniel Hollis, Gettinger, Waldinger, Montalone, Gos, and Hollis, attorneys for LHP Old Post Road LLC. I'm here tonight with Thomas Kennedy, one of the members of that LLC, and Sarah O'Shea from my office. As uh you uh stated correctly, Madam Chairperson, we were here on September 8th to ask you to uh declare yourselves lead agent. Um then we were here again on October 20th. And in that time between September 8th and now, we've expanded uh our EAF to be more responsive to the points that your board made to us and the initial discussion for purpose of information and background. We're here for two things. Pardon [clears throat] me. We're here because of a request for a zoning change or clarification by virtue of the fact that the 3.14 acre parcel presently is mostly in the NB district and partly in the 2acre district. And it's our position that that was an error uh of omission or oversight um at some time between 1994 when the property was not in the NB district and in 2003 2009 and 2023 when the town's maps show it in the NB district. So we would like to either have a clarification of that to ratify its all NB or zoning amendment to include the sliver that is 2 acre into the NB district in order to support the plan the concept plan that you've seen. So there's a secret evaluation of the zoning and a secret evaluation of the concept plan which will eventually turn into a full site plan review for your board. Um I think that when I was here before I also mentioned how this project which is still in its infancy and we would ask our goal here tonight is ask you to have us on your January 12th agenda so we can start the public

hearing process for SRCA so that we can take a deep dive in the hard look that's required into all the different components of the plan so that uh assure the board and the public that this plan is worthy of approval. Um, I think that the the u best part of this plan is it its extraordinary faithfulness to the the uh recently adopted comprehensive plan uh which looks to have the hamlets have more uh development of the type that we are proposing mixed use of residential and uh commercial and you know things like traffic and storm water management, wastewater management, all those things are being worked out and we'll have a far more comprehensive of discussion with you on January 12th.

Yeah, this this is a um a particularly important parcel in in town. It's been talked about for uh a long period of time. Uh this this board is very interested in in getting the public's input on this as thoroughly and as as soon as early in the process. Um because when the public responds early in the process, the the design is much more likely to reflect the uh in the law the finished design is much more likely to affect um be affected by the public comments. Uh so I I would like to see us set a public hearing for the January meeting.

I have one question. Um is Mr. Hollis suggested two seekers, one for the um zoning change and one for the structure. Are we doing those separately or seek? Okay. Now that I just wanted to clarify.

I'm not sure I would call it two seekers, but it's two two branches seeker process. uh but they're inextricably linked and uh to not treat them together would would probably put us in the the uh throws of of segmenting seeker which we would not want to do. Uh so it's there's they're inextricably mixed. So, is is it the feeling of the board that we should in fact have the public hearing and wait to get into any substantive discussion of the project until we're we're at a public hearing?

Can I just ask one question on the plan just to make sure I'm interpreting one concept right? As long as we're not getting too deeply into it. Yes. So on on the plan where I see the potential mixeduse building with arrows underneath, am I to read that as that you would be driving underneath the building as part of the parking and would be built above part of the parking lot? It would still take advantage of the of the hillside. The slope, right? So street grade it would look there, but because it slopes down, you'd have a basement. Okay. Just make sure. Thank you. Exactly. Yes. And then we have further submissions and updates to present submissions that we'll make before December 30th and in advance of that January 12th meeting.

And I think I think it's our intention to to get anything that comes in up on on the town website as as quickly as possible so that the public also has as much time as people feel they need to to look at. If we have things in sequential order, I I won't hold every I won't hold something back to put it in on the 30th. I have something I think worthy for your consideration, we'll submit it as soon as it's ready. But in all events, have it in by the 30th. I I think that would be very helpful. We'll try. Okay. Um so could could I have a motion that we have a set a public hearing for the January meeting?

So moved. Is there a second? Second. Is there any further discussion? All in favor? I I. All opposed. Okay. So, we're set for a public hearing. Is there anything else that you would want us to do tonight? Again, I'd rather not get into a discussion. It would be better rather than have just a peace meal discussion and to have a more comprehensive discussion when there's more material for both your board and the public to uh to chew on. Yeah. Thank you very much. Happy holidays to everyone. You as well. Thank you.

Okay. Next item on our agenda is to consider a site plan application for the creation of 15 multifamily units with on-site parking and landscaping. Pursuant to town code section 125-86 site plan, the property is located at 150 Bedford Road in Katona and the owner is 150 Bedford Road LLC is the contract vendee. The applicant is Steve Helms of the Helms Group.

Good evening, chair, madam chair and members of the planning board. Uh Steven Helms, project architect, the Helms Group, representing 150 LLC. Uh I have one of the partners here tonight, Mark Pakuchi. Uh we also have uh Ralph Mon can't pronounce Masanico.

Masam Monaco uh via on the Zoom tonight uh for questions with respect to the site engineering work. Um this project came before your board back in March. Uh uh we were hoping to start the process with a preliminary site plan approval and um we also went to the zoning board sometime in June. Um basically subsequent to our initial filing with your board, there has been some minor changes. Still a 15 unit apartment building, threetory gam style pitched roof as illustrated on the drawings here. Um but um we basically flipped the building on the site. uh that allowed us to uh pick up a little additional parking. Also helped us with retaining wall cost for the building and and things of that nature. Our client has interest in the adjoining property at 140. This way, this building will tie into that complex when that gets developed in the near future. They're going to remain as its present use right now, but we're looking at studies to develop that property, working with that footprint, that scale of the building, not adding anything, just trying to enhance that tired looking building at 140. [clears throat]

So, you're saying they could mirror each other in due time.

Not mirror, but just face it. So, uh, and but more importantly, the the building was flipped and we also had to go back to the fire department to get their approval on on this with accessibility and they approved it and that's on our drawing. So, the fire department is on board with flipping the building. We also pushed the building back so it lines up with the adjoining building to the south, which I think is better for the streetscape. So, it's not when you're driving north, you don't have a building coming out at you. It's a elongated building, so it's narrow and it's deeper on the lot. It's a rectangular lot, so I think it fits with the lot itself nicely. The site has to come up with a retaining wall to level it up a little bit. So, our parking is about a 5% slope, so there's going to be some grading work.

Where is the retaining wall on the site? Along here. Okay. So, [clears throat] along the property edge. Along the property. Yeah. And uh I have a desk. I don't know if I can put this in here. Shay, does this work here? If I were to This is new to me. I'm not sure. Uh you're

Oh, might be easier to see on the uh weird. There it is. Here. We had submitted five architectural drawings and we submitted I think seven uh engineering drawings went with the application. If I go to this one here that will come up here.

No, but if I want to turn it to the next page.

Yeah. Okay. So just on the screen there, that's what's displayed up here. That's contextually overall site. Uh the black line there, it shows the 150. Yellow is the building footprint. We do need to seek two variances for this project. One is a footprint. We do comply with building coverage and impervious. The building coverage is 20% with 19.8. So we stayed under that threshold. Impervious we comply. However, the footprint of the building is 4,600 ft. And the maximum footprint for this zone, CB zone, for this type of use is 4,000. So it's 600 over,

which is not too much in compared to other buildings in the neighborhood. Um especially one that was just recently built. And the other variance is a deficiency in two parking spots for for the 15. Three of these apartments will be affordable. Um the first floor consists of three onebedrooms. second floor, first floor, three onebedrooms and two two bedrooms. And that repeats itself on the first, second, and third floor. There's an elevated building, fire stairs. We'll have a full basement with laundry facilities, a gym, things of that nature, storage. Um,

this is all in in accordance with the zoning as it as it exists today. This isn't this property has not been reszoned or anything of that sort. This has been the zone. This all complies with the CB zone district with the bulk regulations with our height our setbacks. We don't need any setback requirements or any variances with respect to setbacks. Um I could just go through here. The elevator bulkhead is concealed within the roof line. Yeah, it'll be within the roof line in the center of the building. Yeah. [clears throat and cough] Um, is it stretcher size for a stretcher? Stretcher.

Yeah, you emergency services looked at it. So that the elevator's stretcher capable. I'll check into that. I didn't specifically check that, double check that with them. I will check with them, but they they did look at the application from a fire apparatus from addressing. Yeah, I'm more talking actual uh Yeah, emergency services, right? Good point. I'll bring it up. check into that. Um Ralph, uh Mark Ralph is with us. Is he online?

Ralph, if you want to um I don't know if you have access to your screen, Ralph. Let me see. This is his uh let me just get this drawing here. This is his uh grading plan. There he is. Okay. Hey, Ralph. Um hello. I'm just going to walk through the plans that you have here. utility plan just to give them um the phototric plan was developed existing condition plan site details. So Ralph, where are you with the storm water management or the that's okay?

Might want to just introduce yourself, Ralph. And

yes, good evening. I'm Ralph Master Monica. I'm a consulting engineer. Um, we did a complete storm water plan. We did not submit it yet because we don't like to submit completely until the board has at least given us some idea that the shape of the building and the parking and everything else is somewhat fixed. But we did on the basis of the plan that you see in a complete storm water plan, we've broken the storm water system up into two areas. Um we don't think that the developers or the builders need to disturb the entire property during construction. Uh the second part, the second phase would be after the building is constructed to then uh develop the lower part of the property. We meet all of the codes, the stormwater codes in our plan. We have not submitted it because it's preliminary. I probably I would guess after this meeting if this is an acceptable plan for your board then we would submit it with these um particular characteristics. This particular layout we did do uh erosion control plans and if you look at everything that we submitted it's fairly uh complete uh setup. It's just that we would like to wait until the board has had a good look at this plan before we actually submit a completed storm water pollution prevention plan. Basically everything in a nutshell here.

Thank you. Um we also went to the zoning board but I think their hands were tied. They could not vote on it because of I guess your board has to or declare lead agency. Is that the protocol moving forward? Yes. and and that's part of what we thought we might do tonight. Yeah. So, they saw the application, but again, they they did not vote on it. Variances. Well, it it would it would seem that we are the logical choice for lead agency. Um, and maybe that's where we should start at. Did you have anything else you wanted to

No, we presented a landscape plan with our package. Again, this is a preliminary landscape plan um that I've just turned this over here

landscape plan. I don't know if you all had a chance to look at this colored for the compartment microphone. Sorry microphone. Yeah. And I think we'll we'll save most of the discussion for this for when the we have a public hearing. Okay, fair enough. This is just to give you a little idea of what the building's going to look like. Could I ask a couple of things though?

Sure. on the elevations. Can you update them with all the [clears throat] air handler or AC units so that we can get a sensibility of what that looks like on the faces? We showed that. We did show it on our detail, but we'll show it on the building. And if we could also get a street view of actually massing going from what 140 down to 150. So from that perspective, when you're at 140 looking back at the building like a type of shot, it doesn't have to be 3D. It can be just a flat 2D draw representation of what the massing. Okay. Yep. This is the south one. So you're looking for the north one. No problem. Yeah.

One other is when you come back to us for the public hearing, can you make sure that the plants are at least largely native plants? They're decidedly not. They're I'm sorry. Not they're they're largely Asian plants. if you could make them instead largely native plants.

Okay. Um Jessica, is that 30-day clock is that something that would start now after tonight's meeting? Just just the planning board will have to make that intention. Okay. Once they do take an vote on that, then yes, that would start actually um date that the uh agency notices are disturbed by my office. But essentially if that's the case this evening that we can go out. Okay. And is that a public forum type of meeting where neighbors come out? I mean it's a more of a thorough presentation. Yes. That's and and that's why I'd rather save the bulk of the conversation till the public is here and aware of it and has the opportunity to to see what you've got.

Okay. So, if you're if you're doing any additional work before the the public hearing. Um, I don't know if we can't set the public hearing after this though because the 30 days hasn't run. So, it wouldn't be until February probably. Michael, you would know this better than I. I only I noticed only one bedrooms only some of the onebedrooms are set as ADA compliant. None of the two bedrooms. Does Do we need any of the two bedrooms in to be ADA compliant? We're going to try to make them all ADA comp because I noticed the radiuses are only on some of them and I was just eyeballing and it wouldn't fit in the two bedrooms.

Make sure they're with the push pulls 12 in 18 in radius. All that would be fair. Well, this is um [snorts] is there anything else that that anyone wants to I just one other small question. The um affordable units you said there'll be three. It would be acquired by three with a 50 count but they will be throughout the building rather than clustered most like I mean Mark onebedroom unit on the I mean we're not going to have them on the all on third floor I mean we have to be careful how we place them

that's my question you know [clears throat] have to be fair about it and see what makes the best sense but uh well I would suggest that do I do I have a motion that we two things snow plow storage at 150 we made a point to have snow storage see anything in this plant two two reserve spots basically right

and then it appears as if the photometric spills over the property line [clears throat] yeah the lighting needs a little help I'll Check that with Ralph. We have an opportunity to put snow. We can we'll we'll show that on the site.

Then the only other thing was was the chimney. What are what are we firing this place with for heating, cooling? This is going to most likely be all electrical. Why a chimney? Why a chimney? That be our elevator. Is that going to be your elevator? Be our elevator house. And you have to make it look like a chimney. I mean, we have to get the size and the height and all that. Use an MRL, please. Use a what? Use an MRL elevator, please. There's no no minimal overrun.

Yeah, fair. Did you have something else you wanted to No, I did picked up your comments. Uh we'll let make sure that they all get addressed in our next presentation. In that case, could I have a motion? We'll try this one more time. A [laughter] a motion to u declare ourselves lead agents or declare our intention to be lead agents. So moved. Is there a second? Second.

Any further discussion? All in favor? I. All opposed. We will be declaring as that lead agent. See, there is a part one included in this. Um, and it is clearly an unlisted action. So, we will authorize you to send that material out. And [snorts] when 30 days is is [clears throat] up, we will see you again, Mr. Helms. Okay. Thank you. Took this out. I don't know if this goes away. Uh traffic study. I meant to ask that. Is that something that that was one done with the apartment building next door? How critical is that? If you're

I think there there's going to need to be a traffic study. It come up with the public. It's part of the comments. It's it's a concern on on Bedford Road. You may be able to uh use some of what was done previously. It's since it's right down the block, but but I think you you have to look at at the traffic issues. Okay. Thank you.

All right. Thank you. Next item on our agenda is to consider a site plan. uh application to convert an existing vacant space to a new restaurant pursuant to town code section 125-86. Uh the property is at 17-9 Babbot Road in Bedford Hills. Um and the owner applicant is PRM Bedford Hills LLC. There's somebody here to speak for the applicant. Are you happy? Oh, [laughter]

Brian McCarthy here owns your property. is an existing one-story building on Bab Road 179. [snorts] [cough and clears throat] It was uh rented out I don't know a year or two ago to uh State Farm Insurance. So here's the building here. Ryan, I believe, owns this building here and and this apartment building in the back. This is accessible with a alleyway here and off Griffin for egress and access and so forth. But it's a one-story. We had actually looked at this building about a year ago with developing for apartments, second and third floor. The building's too tight. It it just wasn't cost effective. Uh, so he's going to keep the building as it is, keep the one story, um, enhance it with some signage, lighting. There's a barber shop next door on the west, which is staying as is. [sighs] And this area here, he would like to develop into a restaurant, bar, grill type of establishment, lunch, dinner, not a breakfast. I don't have the exact hours of operation, but I would assume Monday through s maybe Saturday, I don't know, Sunday. You're talking to different people. Um, but the entrance would be in the front here and there would be a kitchen in the back. Um, things like the exhaust system and all that is preliminary. It'll be a rooftop, but we have to get into those and show them on our floor plans and elevations so your board can look at it and comment on We definitely do want to see them see them in the drawings.

See them actually in the drawings. Yeah. So on this preliminary, we just wanted to get before your board to see some type of reaction. Um any any idea what kind of restaurant? Ryan, any idea? Is it uh we're really not sure. Just more stand up or not. Uh just a bar restaurant. Uhhuh. Do you do do you anticipate a takeout element in it? Everyone does that now. [clears throat]

Yeah. But but there would probably be both going on. some some takeout as you say because so many people do it. I would think most restaurants are 40% 50% like Tangga and Kona does a great takeout. I mean it's a small small establishment. Um but these tables here Jessica were just standup tables. Put a drink there. Not not the city not seats maybe waiting for your table. So it's a small restaurant. Um we don't need another deli I don't think in that that area in town. You beat me to it. Yeah. [laughter] Um and uh the barber shop has a lease with you right now. He's good tenant for another.

So that's been a barber shop for the past 50 years. Grease trap uh all those type of uh things details would have to be incorporated into the drawings. So yes, you could see exactly how it plays in to the building. So now you do need um a parking parking. Yeah, it's going to be for this type of use. I don't foresee anybody coming in the back eating. It's going to be street parking. Now all street parking is challenging here. You have an apartment building that has parking spots in the back here. We have uh six I believe six here. But some of these go to this apartment here.

Yeah. And uh again, this is very tight is to get in. So anybody that's going to patronize this would most likely park, walk the That's one reason why we we need to think about the the takeout issue. Yeah. Because the it if if it's the kind of restaurant that has a lot of take out, [clears throat] some have more than others. Tangga is a good example. Uh if it's going to have a lot of takeout, we need to think about that in terms of the parking. If it's just going to have the occasional,

that's probably largely dependent on the type of food you're serving. Um, I guess there was some talk about an easement for parking, but I think if we're going to go to the zoning board, we would probably just go for all parking or go for a variance for the deficiency on that. Well, the the reason there was talking about an easement agreement is that the existing on-site parking that is there is only access through the adjoining parcel, isn't it? Um, right. Parcel here. You own this building here. So, you have access here. Yeah. So, the access through the alleyway. Yeah.

Do you have an easement with the Griffin on here with the paint? I mean, this this entryway right here has been used for I don't know before I But you don't own the paint box next door, correct? That Okay. Is this one tax lot with two buildings on it? This is two different tax lots. Okay. Owned by the same corporation, then that may be where why the there's the problem with an easement is that that's fine. That's fine right now because they were both owned by the same person. But if one of those gets sold, then the access to the parking is through the adjoining. Do you want me to write an ement for myself?

I Yeah. No, I think that's that would clarify it. But the problem is that easement would have to transfer. Yeah. No, it would it would have to stay with the property so that if you if you sold one or the other of the properties, the easement would still be usable. Yeah. There will be an anel system, grease trap, ventilation system, HVAC, all those things would be incorporated into the drawings. Uh deliveries I would imagine would be uh street early morning type of thing like they do in most of these hamlets and garbage dumpster. We can certainly locate that on our joints. But um you're talking about the loading [clears throat] you're talking about the loading space. Yeah. Yeah. The loading space.

Griffin is a oneway uh two-way. Griffin's two way. Two-way. So Griffin's two-way. Yeah. So this is a deli. Where do they get Where do they load on that now? In the front. In the front. Okay. People actually got to their basement right here through this uh Okay. off the street there. So, where would you be loading? Same in the front. Yeah, an office really isn't conducive in that location. I mean, it was an insurance building. This type of use might be fitting for beer to sort of revitalize that a little bit. Um,

no, they certainly can use this kind kind of thing. I mean, there is a little bit of a lot behind it and there is the train station lot. I mean, there's there's a decent amount of parking if we're talking about more of a dinner rush and, you know, things like that cuz that neighborhood is, you know, more busy in the morning and early afternoon hours. Um, it's less busy weekend after 6. Yeah.

What's the lunch [clears throat] time like? Well, if you're if we're talking about a sit down restaurant, they're not going to be as busy during the week because a lot of the traffic there is frequently frequenting more of the graband go. So, if we're talking about a weekend or even evenings during the week, it is significantly less busy there. Yeah. So, there's a different type of clientele than typically is in that town during the most busy hours.

Yeah. I just want to make sure and we we had this with um with Denga actually because we all assumed when they first appeared before us that they'd want to be doing lunch and that is a very difficult spot at lunchtime but they didn't want to do lunch. So they were as long as they were doing dinner there was plenty of parking. Yeah. But during if if you were going to have an active lunch service, then the street parking is more of an issue because there are a lot of a lot of other things going on at the same time. But not uncommon to park two blocks away and walk.

No, no, I'm just I'm just saying it's garage and I walked Yeah. blocks. I I'm just saying we we it's one of the things that has to be considered in looking at it and also it's one of the things you should be considering as you make as you decide what kind of a restaurant you want. Um because if it's difficult to get into and out of that's I don't know about anybody else but I'm more inclined to want to relax and not worry about parking spaces too much when I go out to eat. But to be fair, there's only six tables and eight seats at the bar. So, you know, we're talking about 10 to 12 cars on average.

Yeah. No, I six groupings. Uh couple locals that hang out at the bar. Correct. It's not a huge different office people around. They have a bunch of Yeah, it's I mean that would be the hope that it would be primarily a walk in soup restaurant. lobster soup. [laughter] Um, is this something we can go to the zoning board too or do we have to wait and and develop these plans? But, uh, I mean, if there just if there is any pushing this forward, can we go to the zoning board?

If you are set in your application with what you're presenting in terms of total square footage, its use, then yes, you should make your application to the zoning board um to get that process started. Okay? because you need several variances for the Is there a lead agency involved in this type of application? This is a type two action. No. Okay. No, we we wouldn't worry about the 30day. We're not changing the building height footprint. Yeah. This I'm not even sure. I would think this would be a type two action. Yeah. So, shall we do that right now? That does seem to be something we could do. Um, could I have a motion that this is a type two action? So, is there a second?

Second. Any further discussion? All in favor of being of it being deemed a type two action? I. All opposed? It is a type two action. So, we don't need to go any further with with Seeker. So, the sooner you get going on Yeah. uh the ZBA really I think that the ZBA has to talk about its issues first. Okay. Okay. Okay. Thank you again. Oh one thing just for for the record you've uh I gather you've already gotten uh approval for some sewer water. Yeah Kevin got him.

Yeah. So so you have that's it. It's on your plan. Yeah it's on our plan actually. That's what I thought I'd seen it there. Okay. Okay. Next item on our agenda is to consider an application for a steep slope permit in connection with the construction of an ingground pool spa and associated patio along with related ancillary equipment and storm water management pursuant to town code chapter 1024. The uh the address is 9 Oliver Road in Bedford and the owner applicant of John John and Lisa Chambers. Hi.

Welcome back again. Yandro Hannison, KCJ Consulting. We were before the board last month on a steep slopes application for the proposed pool and terrace. Uh we're disturbing approximately 3,000 square feet of slopes. Uh we've since u received comments back from Han's office. Uh no no significant comments. Um and we're back before you with uh the revised plan.

Yeah, he he had he's actually recommended in record time that that it it be approved. This may be the first time I've ever seen it come [laughter] through that quickly. Um, so you you've got it you've got a difficult parcel there and you've made the effort to work with the land as much as as possible. Are there any questions from members of the board? Anything? I don't see much room for improvement because it's very well done.

No questions. No questions. Um, I frankly don't have anything to say, which is a good thing. [laughter] Miranda, the chair spe Yeah, I know. That's uh Yeah. So, what is the board's pleasure? Rock and roll. Is that a Yeah. motion. Motion to approve. I don't think we have to do secret. Usually we make the motion and then we table it. [laughter] Yeah. Yeah.

So you you that you that is a motion which we can table in a moment. Yeah. Do I have a second? Second. Okay. We have a motion and a second. But we do need to do seeker. Could I have a motion that this is an unlisted action? So moved. Is there a second? Second. We have a motion and a second. Any further discussion of it being an unlisted action? All in favor?

I. All opposed. Uh we have a part one. So we should go through that. Whoops. It's dancing around. [sighs] Let me [clears throat] find it. Do you want me to read? Have you got it up already? Okay, why don't you go through the part one?

Um, the name Sorry, my device is being difficult. Name of the action is Chambers proposed patio and pool located 95 Oliver Road. Um, okay. Sorry. Does a proposed action invol only involve legislative adoption of a plan, local law, ordinance? Um, no. Does the proposed action require a permit approval or funding from any other government agency? No. Um, the total acreage of the proposed action 5.68 6 acres total acreage to be physically disturbed. 2 total acreage project site and any contiguous properties owned or controlled by the applicant or sponsor. Still just the 5.6 um sorry check um all land uses that occur on or adjoining or near the proposed action. Um they've checked residential um anybody. So residential suburban um works

and um is the proposed action a permitted use under the zoning regulations? Yes. B consistent with the adopted comprehensive plan? Yes. Is the proposed action consistent with the predominant character of the existing or built landscape? Yes. Is the site of the proposed action located in or does it join a state um critical environmental area? No. Will the proposed action result in a substantial increase in traffic above present levels? No. Um or public transportation services available? No. Um, are pedestrian accommodations or bicycle routes available? No. Um, does the proposed action meet or exceed the state energy code requirements? Um, if the proposed action will exceed the requirements describe the design technologies, just yeses check there. I'm not sure how we can assess that at this point, but the applicant says yes. Yes, we're going to meet the meet the requirement.

Good. Thank you. Um, will the proposed action connect to an existing public or private water supply? Yes. Um, will the proposed action be connected to existing wastewater utilities? No. Um, does the project site contain or is it substantially contiguous to a building, archaeologic site or district which is in the national or state historic um state register of historic places or that has been determined by the commissioner of New York State Office of Parks, Rec and Historic Preservation to be eligible for listing on the state register of historic places? And the answer is no. Is the project site or any portion of it located adjacent um to an area designated as sensitive for archaeological sites in the New York State um historic preservation office? No. Um does any portion of the site of the proposed action or lands adjoining the proposed action contain wetlands or other water bodies uh regulated by a federal or state agency? Yes. Would the proposed action physically alter, encroach into or um any existing wetland or water body? No. Identify the typical habitats um types that occur or likely to be found in the project site. Um forest, early midsuccessional, wetland, and suburban. Um, does the site of the proposed action contain any species of animal associated with habitats listed by state or federal governments as threatened or endangered? No. Is the project site located in the 100redyear flood p flood plane? No. Will the proposed action create storm water discharge either from point or non-point

source pollutions? Yes, I'm sorry sources. Will um and the answer is yes. Will the storm water discharges flow to adjacent properties? No. Will the storm water discharges be directed to established conveyance systems? Um, yes. Um, sorry. Um, sorry, my device is being difficult. Um, okay. I'm going to jump in.

Um, no, I think I'm good. Will Okay, that um jumping to 18. Does the proposed action include construction or other activities that would result in the empoundment of water or other liquids um eg retention pond, waste, lagoon or dam? Um no. Has the site of the proposed action or any adjoining property um been the location of active or closed solid waste management facility? No. Has the site of the proposed action or adjoining property been the site of um of remediation. Sorry. And the answer is no. Um and that's it.

And that's it. So then we just have to go to our assessment. Correct. Yeah. and my thing is jumping all over so I do not have the verbiage but um I [clears throat] have the part two. Okay, good. Yeah, it's not that we have to do the part two before you get to [snorts] the part three verbiage. Um I'll start it and if

will the proposed action create a material conflict with an adopted land use plan or zoning rigs? Uh no. Will the proposed action result in a change in the use or intensity of the use of land? Small impact at most. Will the proposed action impair the the character or quality of the existing community? No. Will the proposed action have an impact on the environmental characteristics that cause the establishment of a CA? No. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No. Will the proposed action cause an increase in the use of energy and fails but fails to incorporate reasonably available energy conservation or renewable energy opportunities? We are assured that it's no. Will the proposed action impact existing public or private water supplies? No. Public public or private wastewater treatment utilities? No. Will the proposed action impair the character or quality of important historic, archaeological, architectural, or aesthetic resources? No. Will the proposed action result in an adverse change to natural resources such as wetlands, water bodies, groundwater, air quality, or fauna? Uh it will cause changes in steep slopes but that will be a small impact uh because of the steep slopes ordinance. Will the proposed action create a hazard to environmental resources or human health? No. Um and that is it on part two. Uh, I would argue that we should determine that based on the

information and analysis above that this and any supporting documentation, this proposed action will not result in any significant adverse environmental impacts. That's a motion. Could I have a second? Second. Is there any further discussion? All in favor? I

I All opposed. So, we have taken care of seeker. Uh back to the original um proposal on the record. I realize we didn't do any conditions on it. Um, I would list the standard conditions for Steve Slopes, uh, plus the conditions that were listed in Jim Han's memo. I don't know of any other conditions in addition to that, was so I I don't remember who made the motion. I I move to amend my motion to include the amendments or to include the conditions um that we just noted, including those uh standard with the steep slope and were noted in Jim Holland's [clears throat] memo.

And Diane, I think you seconded it. So second. [laughter] Okay. Is there any further discussion? All in favor? I. All opposed? You have your steep slopes ordinance. Thank you. Good luck. Okay. Happy holidays. You too. You too. Take care.

Next item is to consider an application requesting a six-month time extension for previously approve approved steep slopes permit. Uh the owner is the Blue Mountain Housing Development Corporation. The applicant is Ben & Goodrich Development Group LLC. The address is 12 MLAN Street uh in Bedford. Is there someone here to represent the applicant? online. Uh yes, uh John Goodrich here. Hi. Yes, I'm on the line. Uh good evening. It's uh John Goodri from Betsy Goodrich. I'm sorry I'm in transit, so uh apologies that I can't be on camera. I understand you are forgiving. Yeah, thank you.

So, uh so we we we requesting uh an extension of the steep close permit uh that was issued. Uh we are going through uh HCR uh process for environmental and also the uh county home application. We're looking for uh a NEPA review as well. Um we've had uh some setbacks um personally on this project uh with Rose Newton uh who is working on the home application passing away. Um but we are back on track uh you know and looking to do a a close uh at the end of uh Q1 of 2026 pending HCR approval. Um and we're just requesting a six-month extension.

Excuse me. I I see no reason to to avoid the the extension. They've been making a good faith effort to to run. Could I have a motion? So moved. Well, move to approve six-month extension. Is there is there a second? Second. We have a motion in a second to approve a six-month extension that would be good through May 8th, 20 uh 26. Um, [snorts] is there any further discussion? All in favor? I I. All opposed, you have your six-month extension.

Thank you so much. And happy holidays. Same to you. Okay. Next, my item on our agenda is to consider a site plan amendment to a previously approved special use permit and site plan in connection with an existing philanthropic use. Uh the owner applicant is West Morland Sanctuary and the address is 260 Chestnut Ridge Road in Mount Kiscoco. You know what? Uh maybe the second time.

Good evening. Glenn Tysters, um uh landscape architect, Aaron Mercer, architect, and Nick Gabry is our um uh consulting engineer. Um so you may remember this project. We had uh undertaken the construction of this uh environmental education center [clears throat and cough] which has been completed and um we found out at the sort of end of that process that the occupancy was based on sort of an average use throughout the year. Some days there was nobody there, some days there were more. And it wasn't based on the size of the building which would came as a bit of a surprise. Um I am on the board uh of West Morland. So we have requested to get an upgrade to the occupancy to A3 which is 130 occupants based on the size of the communal area. Um so the site plan as you may see uh represents uh typically the parking situation. Um there's a parking count. We also if there's an event where we're expecting more people, we always have a valet service that can then park cars on the grass. So, uh we don't have any uh real um consideration or or problem with the way that's laid out. Um when we went through the um uh health department and Nick could speak to that a little bit, but they do require when you have an occupancy of 130 and it's used as it is uh as an educational center. Um they do require that the there is a water treatment system becomes semi public in a way.

So Nick has designed that system. The test results for Marwell were very very good. However, what are they testing for Nick? Good evening. Nick Gabri from Bibbo Associates. Uh as Glenn said, we've been working on the health department side of this and prepared the site plan. Um, so the treatment building, um, for a public water system, we need a disinfection system. As Glenn mentioned, the water at West Mormon is actually really clean, so there isn't any additional filtering or forever chemicals that need to be removed or other issues like that, but it's simply a disinfection system that's typical of a public water system with a chlorine injection into the water. Um, some storage and then some booster pumps for pressurization of the two buildings.

Um, but we're currently under review by the health department. We've responded to their first set round of comments and we expect an approval pretty soon on the water system. Okay. Um the treatment center will be uh an appendage to the existing older building that's on site. Uh it's adjacent to the mechanical room that's there now. So in terms of setting that up, it's about how many square feet did we say? It's got down here. It's 143 square ft. So, it's like a basically a shed attachment to the back of the building that can

sit on top of the existing impervious driveway. So, there's really no additional impervious. It's just a different type of Uhhuh. Correct. So, we're anxious to try to move forward to bring that up to [clears throat] the required occupancy. um and you know waiting as everybody seems to be for the health department to give their final okay. So what we're looking at is basically a site plan amendment to correct to legitimize the changes that have taken place in terms of the size and the that's right the wastewater treatment plant.

And as part of that um health department um review it was um pointed out that we required another bathroom in the new building. So that's been done. that's actually been built. We have a permit for that. So, that work has all been taken care of. So, that's part of the application, too. Correct. Um, it all seems very reasonable. Um, this it would be a type two action under seeker. Ju just the the shed is going on the original older building, not the new one. Correct.

Correct. We have [clears throat] a plan of it somewhere here. See there's maybe the other side of the building.

On the back. Got it. By where the bathrooms are. Bathroom. Correct. Just to the left of the big picture. Okay. Okay. Anybody else have any questions or concerns about it? Seems pretty straightforward to me. Could I have a motion? Do we have any conditions that work? I don't that the conditions of the original approval would carry over. But other than that, I don't see anything new that that would be added by this.

So, I'll for once I'll do the resolution. I never do the resolutions. So, so I would move that we would give the um site plan amendment uh to to the applicant uh with the conditions carried over from the original approval. There's a motion and a second on the floor. Is there any further discussion? No. All in favor? I. All opposed. You have it. Thank you very much. Goodbye. And the next item on our agenda is to adjourn. Could I have a motion? So move. Could I have a second? Second.

All in favor? I I. All [clears throat] opposed. The meeting is adjourned.