Zoning Board - Regular Meeting

Uh my name is Peter Mccalis and I'm the chair of the zoning board. Uh to my left, far left is Howard Stern. Um and then Rosemary Lee and to my right is Roger Van Lever. We're down one member tonight. So in order to prevail, you would need a three to one vote uh in on a on an application. Um if this is the first time before the town zoning board u just briefly tell you what we do. Um, we're responsible for reviewing and deciding on appeals and variances related to our town zoning regulations. In short, when someone wants to do something that doesn't fit our zoning rules, they come to the ZBA for a variance or appeal. We carefully consider each request, weighing the applicant's interest against the potential impact of the community's health, safety, and welfare. To help us better understand your neighborhood and situation, we have all had the opportunity to visit your site. Uh this is a public hearing. So when your application is called, please come to the podium which is right over here. State your name and make a brief presentation so that everyone will understand what you are requesting. Uh we are committed to making informed and fair decisions uh that reflect Bedford's unique needs and values. Our decisions are not personal. In fact, they run uh any decision that we make runs with the land and not with the homeowner. Um the other thing uh that should be noted is that when when you talk if you're speaking about an application, please talk to the board and not to the applicant. Um this is not a this is not a venue for the conversation with the applicant. It's a conversation uh between us, you and the board. Uh so let's keep it that way. Um with that said, we are going to uh take care of the carryover application. if um Kim could read that.

Mark Abrams and Gia Miller are seeking a variance of article 3 section 125-27D2 of the zoning ordinance for 37 W Woodfield Road section block and lot 60.6-3-43 6-3-43 in the residential halfacre zoning district to permit the construction of an addition and covered porch to a pre-existing legal accessory structure being used as an artist studio with a ground floor area of the accessory structure results in 465 ft or 2.23% of the area of the lot which exceeds the permitted maximum of.5% or 104 square ft of the area of the lot in the residential halfacre zoning district. Thank you.

Good evening and happy New Year's to everyone.

Uh, as you can see, my architect, Tim Leoner, has um replied and redid the plans according to your suggestions regarding the change in the covered porch. at the last meeting. Um, my understanding was you wanted the town attorney there because this was in question to the false claim as to my running a business. So, I'm seeking a variance for an expansion of the existing art studio for the sole purpose of creating a safer space with which I can train within. The changes proposed allow one or two people to simply take a few more steps in one direction and allow for a sore to be raised safely. I have invited all of you to stop by, walk around, and even come into the cottage. If you stand in the middle of the open space, one person can take three steps to four steps in any one direction. The proposed change allows for only three or four steps in only one direction. The design does not change the character of the neighborhood. It enhances the appearance of the existing structure without adding any unnecessary space. Now, it should be noted that three out of the four neighbors who abut my property support the proposed changes. The one neighbor, Greg Donopoly, raised some concerns that were not only disingenuous, but sought to distract the committee from the task at hand. And I will address those concerns. First of all, the false claim about operating a business out of the studio. The building department has known about these false claims for a number of years now. Angel, one of the building inspectors, has come by in multiple occasions to investigate the complaints, and none of the complaints were ever validated because the complaints have always been false. The positive is that Angel and I have become friendly with one another. After Angel came by the first time, I met with the town supervisor who told me directly that what I was doing was entirely legal. Greg has tried to imply from many directions that there is some kind of hidden business related to my prior legal martial arts business. So I will

give a brief history of those businesses. I created an S corporation in 2008 called Iikido Arts of Shintookai. I rented space for my old neighbor Alan Burbank on Adam Street in Bedford Hills. I had separate offices for my psychology practice and separate space my martial arts school. When I tried to semi-retire in California in 2015, my senior student and instructor under me, Brad Gould, used the name after I closed the corporation down. He started an LLC and ran classes out of the Sawmill River Club. In California, I opened up a commercial martial arts school under the name Sando Martial Arts. I closed that business down when I moved back to New York at the end of 2017. Around that time, Brad Ghoul changed his interests and the classes at the Saw Mill River Club closed down at some point between 2018 and 2019. Brad wrote a letter to this which the committee is in possession of which also supports what I'm saying to you. Now, someone referenced a Google listing for an entity that simply does not exist. I do not control the business listing and it states this business might be closed. So, I don't know what more I need to say about that. Now, the other issues that people raised had to do with traffic flow, which I'm not even sure this committee has uh you know, traffic flow problems. My understanding from you guys were this was a highway department issue. Uh however I have uh simply submitted to the committee some pictures and I will note that the people who have registered letters not in support of the variance do not have sight lines of the property have claimed that there are some kind of traffic flow problems with absolutely zero documentation

and talk about one person talked about that somehow I using wooden swords created a danger to the community. These I'll let my students speak of that frankly speaking are kind of irrelevant. Yes, I did post on Facebook that I asked people if there was anybody interested in joining the group. Basically, what I do is I do not charge. I do not allow any bartering and if people are interested they have to come and observe a class on Thursday or Saturday. We have to have a sit-down discussion because I'm inviting people onto my private property and share in my passion. I'm very selective about who will join join me on this journey. Currently there are two people. They're here again tonight. The space that I'm asking to add does not change the character. It does not by its nature create a business entity that doesn't exist. It simply allows for us to train in a safer manner. Now, as a person who's run a professional business, and I still do as a psychologist, at some point when my stepchildren go off to college, I will once again open up another commercial martial arts school in a commercial space. That is not right now. Frankly, it would be wonderful to do so because of the tax advantages inherent in that. Every other month, I'm off to Japan, Europe, West Coast. Those are substantial sums of money that I spend for my passion project. There's nothing more I would like than to have them as a tax writeoff as legitimate business, but I'm not going to uh engage in a falsehood. And the claims that I've done so otherwise is simply ridiculous. Now, one of the people who did live across the street from me and actually one of

the neighbors uh Patel uh is actually on Zoom and he can actually talk about sightelines. So, one of the things that I would like to note if people have been on this road, this is a sight line from the top of the hill looking down to my property. And the reason this is important is because there was a false claim made that somehow people parking in front of my house, which is at the bottom of the picture on the right, creates a hazard. Patel, who is above me, will tell you that when he has had work done on his driveway and his property, I have I have he and his wife because they're elderly park in front of my little grass strip by my driveway because rather than be on the downhill, I want there to exist a measure of safety. The other thing I will point out is that Mr. Maro who lived across the street was uh complained last time about my two cars partially parking on my grass and also on the street which as far as I know is legal. What Mr. Mara failed to inform any of you was that he has multiple gatherings at his place and frequently if you look at the picture on the other side he has many more than two cars parked there for longer than 90 minutes and it comes out of a curve. So if sight lines are going to be an issue, then certainly one would question why he would allow that and somehow my two cars are problematic. Along those lines, this picture is of Mr. Mar's landscaping companies that he uses to service his property. Please note that they are actually on the road in front of Patel's property and mine. If he was so

concerned about the hazard that the two cars that my students have for minimal amounts of time is problematic, then I would ask you why he in fact uh did not himself asked them to park maybe in his driveway. So what his issues are, I frankly don't know. But are they a traffic concern or a danger to anybody? Absolutely not. And the people that were by today noticed that a house is being redone at the top of the hill. There have been construction vehicles on there for a month. Nobody has had an accident. There are no real problems. The neighbors get along well with one another. So this notion that somehow these two cars have created a hazard or a traffic flow to our community and ruining it are absolutely absurd. Now, Mr. Denopoly made it a point to have Mrs. Black recuse herself from the committee decisions because she's friendly with my wife. The man who joined him last uh meeting, who lives on Oak Road, who expressed concerns during that meeting, had a direct business connection with Mr. Donopoly flipping a house in our neighborhood. Funny how he failed to mention this while insisting that Mrs. Black recuse herself. This man was honest enough to admit that he never heard any noise from my property, nor saw any increase of traffic caused by my having people train in martial arts with me. Between Mr. Denopoly's request to rec that uh this woman recuse herself and Mr. Mar's concerns about parking cars, I'm reminded of a quote from the book Animal Farm. All pigs are equal, but some pigs are more equal than others. Now, the noise complaints, one of my students talked about it last time. You can talk about it again as well as my other students. They can also talk about, in fact, when we would go out there to train in the morning, they would put on music from Mr. Donopoly's house somehow believing that that would

bother us. We frankly didn't care. But Mr. Patel, who is waiting on Zoom, will also talk about the noises coming from Mr. Dopoly and his parties. Nobody makes a big deal about it. So, one really wonders what the issues are. Mr. Donopoly talks about the changing character of the neighborhood. He talks about people parking their work vehicles in their driveways. He talks about traffic flow. None of those issues are relevant to my seeking of variance to allow me to train on the privacy of my property in a safer manner. It's almost like he believes that our neighborhood is part of a homeowners association and he's chair of the HOA. At the last meeting, he pointed to the angst of his issues with me. It has zero to do with my request for a variance. has to do with over 5 years ago, I legally removed sickly trees on my property to begin the landscaping process that has turned what was an eyesore property into a property with beautiful gardens that people routinely stop and thank us for creating. It's truly unfortunate that this board had to observe a po person who after 5 years has been unable to deal with his irrational anger. This committee is not the appropriate place for Mr. monopoly to deal with his anger management issues. With respect, I respectfully ask this committee to pass this variance so that I can make the space that I use for my passion project to not only allow for safer training, but to further enhance the look of our property. I will continue to be a respectful neighbor to everyone and I will always remain open to discussing any reasonable concerns that any neighbor has had at any time. I've done so since moving in there. Thank you very much for your time. Any questions about the design? Um, Mr. Learner can ask answer any questions.

Thank you. Was there anyone that wanted to speak on the other application? People on Zoom will need to raise their hand if they want to listen. What's that? Anybody on Zoom will need to raise their hand if they want to speak. Okay. Of course, I have I see one hand raised up there. See? Hang on. And we had someone here in the audience. Why don't you come up to the mic? Oh, I just I think I uh Mr. Lebertie is Was there someone on Zoom that was somebody on Zoom? I just gave them the option to speak. If you Okay. Okay. You want him to go first? Mr. Go ahead, Mr. Lebertie. Just wait a minute. We can let Mr. Liberty go. Who do you want to go first?

The Zoom. Go ahead, Mr. Lebertie. [clears throat] Hello. Can you hear me? Yep. Hello. Um, good evening. My name is Robert Lebertie. I, uh, submitted a letter in support of Mark Abrams. I'd like to briefly clarify why. Uh, I've known Mark for over 20 years. I'm very familiar with how he trains, who he trains with, and how that space is used. Uh, what's your address, sir? Yes. My address? Yes. I I I live uh I I live near Yale. I live in 96 Jones Hill Road, West Haven, Connecticut 06516.

Okay.

Unit E1. Um, let's see. Uh, what is happening there is not a commercial operation in any meaningful or zoning relevant sense. Uh, there's no classes advertised, no fees charged, no students cycling through, no uniforms, no signage, no public access. The number of people present at any one time is very small. Only what can safely fit in the space. The sole reason for this variance request is safety. The existing structure limits safe movement and the proposed change simply makes it safer for the small private training activity that already occurs. I want to be very clear. Uh Mark is not seeking to operate a business, expand participation, or change the nature of the use. This is not a step towards commu commercialization. If that were the intent, the proposal and the scale would look completely different. I'm aware that concerns have been raised suggesting otherwise. Based on decades of firsthand knowledge, those concerns are factually incorrect. This request is narrowly scoped, safetydriven, and consistent with a quiet residential use. I respectfully ask that the committee to evaluate it. Well, I I respect the committee to evaluate on those grounds alone and then thank you for your time.

Thank you. Do you want to go here? Please introduce yourself.

My name is Scott Gillespie. I live at Five Mayberry Close and [clears throat] in Chapaqua. Sorry about that. I live down the road. Um I'm one of Mark's Matt mates and I have been for a few years. Um I'm one of the I guess I would call it senior not by experience but by age. So when we train we train in the spring or summer when it allows outdoors with a wooden boen which is sometimes called a sword. They do not clank. Um wood acts in a different sound. But we would like to be able to train indoors with those and Mark's modifications that he's put forward as best I understand them will allow us to train indoors for the katas that have been requested. Our current um Matt activities are on Thursdays and Saturdays for typically 60 to 90 minutes. And the people that are training really appreciate Mark's advice and skills periodically. Rob has come by and shared some insights with us.

Is what time of day do you normally do that on Thursdays and Saturdays? Thursdays are normally 5:30 till 6:30 and Saturdays are 10 to 11:30 in the morning for Saturdays.

Gotcha. Thank you. Um, just as an observation, I really appreciate what Mark has done for us because he's made something available that if it was any other sport or activity would likely be allowed. We're just asking for a safe space to train that makes it communityfriendly. We park in his driveway to avoid any further issues with the road works unless there are other vehicles that are there. and we're trying to be as respectful of the community as possible. If you have any questions, I'm happy to support it and wish you would support that as well. Thank you. Is there anybody else on the Zoom call?

Yes, I have somebody. We'll need to accept your role as a There you go.

Okay. You there, Mr. Patel? I am here. There he goes.

Okay. I'm I live at myself and my wife. We live in 29 Woodfield Road, which is next door to our residence. Uh we've been living here since 1984. Honestly, this neighborhood is such a harmony with with everybody. In fact, um before Mark moved here, the structure we are talking about in the back, the previous owner also had that kind of structure. Mark remodeled it, made it better. And they also were having for no one we never thought of any kind of issues. And even even now last few years my contractor who comes to cut the grass or you know to remove the snow they exactly know where to park not to interrupt the traffic or anything. And in fact I'm so blessed to have Mark as well as my other neighbor across the street Mr. [clears throat] Mara uh as a as a neighbor that when there is a snow myself and my wife we are a senior citizen my wife works at the hospital so she has to leave early in the morning like 600 6:30 Mr. Mahara comes up over, he helps us or he cleans the driveway. Sometimes he brings our car down to the street in order because my wife cannot, you know, being a senior citizen, it's hard for her to sleep on his surface or something like so this whole discussion and objection from the other neighbor. It's kind of a surprise to me because I mean we love this neighborhood and especially after Mark moved into the whole with coordination we've changed the appearance of the neighborhood. It it's it's wonderful. So I have full

support what Mark is doing and their activity on Thursday and Saturday. We hardly ever notice that um causing any problem with traffic or anything like that. So I I'm kind of supporting whatever the activity Mark is doing and he's wonderful. He's always helpful. Um and our neighborhood is really has and in in a sense is better than what was in 1980s because new neighbors especially these two neighbors has made such a huge change in in every respect and that's that's what I wanted to u speak out. Thank you. And

thank you. Thank you. Appreciate it. We had somebody um that was back there. Hey, by the way, somebody in the room that wanted to you want to come up to the mic, please.

Hi, good evening. I'm Greg Dapoli, 41 Woodfield Road. Um just a quick question. Do the people who don't live in the town of Bedford, are they considered their opinions on this matter? Sure, they are. So, anybody could speak from anywhere in the world about what this is about? Okay. Public hearing. What was that? It's a public hearing.

It's a public hearing. Okay. I just And you guys consider any and all opinions regardless of where you live. We actually consider the public hearing to be kind of minor because the we it all depends on whether people like each other or don't like each other. We're here really to look at the uh so far there's been a lot of stuff that addressed last the last meeting. Um we're here to to to discuss whether a variant should be given to allow for an additional overage which is a mathematical issue here. That's what we're looking at, right? and whether and whether that mathematical issue will have a negative context in the you know uh in the to the neighborhood and to the health and safety

your your tenants right the uh the list of the six things that you guys consider yes exactly okay all right good I was just curious about that um [clears throat]

you know having been through this before I think somebody from New Haven Connecticut can be considered with this um all right the the first thing I wanted to ask was the fact that a business, right? If if he has a a a valid corporation that's still active, which I looked up, he has a Facebook listing, a business listing on Facebook that matches the corporation name, and he has a Google page that lists the address of 37 Woodfield Road with his corporation name on it and says it's incorporated. How is that not a business regardless if you make money or not? Because Mr. Abrams just explained that he travels the world for this passion of his that is a business because it was incorporated in 2008 I believe or 2006 and you know you go to the do website department of state website and it's still listed as active that he's still obviously he's still paying taxes on it and everything else like that. So from what I understand is that the town of Bedford is considering that he says he doesn't receive money. So if this was a religious, you know, if he considered this is a house of worship, you know, is that permitted to be done in a residential neighborhood?

Well, we're not considering we we have not been asked to look into what his business is in the property. We're we've been asked to look at the extension of a of a building, but his application, the letter, the original letter says he wants to build a space for no more than six people to train safely. Six people violates the home occupation rule. We don't have We don't have anything that mentions six people. Yes, you do. Let me just find it. You want me to show you where it is? Yeah, that'd be great.

Absolutely. in the original letter. I'm going to just point it out. I can't see that far. Can I grab it for a second? Sorry. No more than six people. Okay. [laughter]

Okay. Right. And and above that paragraph, it it details all of the weapons that he wants to train with within there. And one of them is live steel swords. So he wants a space to have no more than six people at one time to train with those weapons. I have no problem with him training whatever he wants. I I have a question for the applicant. Is the six people who is attorney attorney? Yeah, I'm an associate with Ken Bean. We're the town attorney. is the six people although you claim not have a home occupation does the six people include yourself?

Uh basically these two and myself are three right now. So when I say six, six people in a roster because only two people can train at at the same time next to each other and anybody else would have to sit down. So normally by having that list people come at different times. So in other words, if I come home and I train at lunchtime and somebody wants to join me, that's fine. But you know, if somebody wants to sit down and watch me be part of the learning process, that's it. Okay. But you're always present when the teaching is happening. That that was I think the question. Yes. But the application asked for a training space for six people up up to six people. Six people,

right? So he can't have seven. He could have six, five, four, three, two, or one. the so home occupation that's not before the board. Um we did meet with the building inspector and [laughter] it's official. Thank you.

And we we looked over these these accusations regarding Facebook. We understand that it's there's no money that needs to be paid to put a listing on Facebook. In terms of the Google search the applicant did here when he spoke, he said he doesn't have control over that. It might be closed. He also said that he doesn't use the business even if it's active. It could be just because he wants to keep it active, not necessarily using it for compensation. In our discussions with the building inspector and visiting the property, there has not been any indication of a compensation or exchange of money. The applicant has said that here in the board. um he's made that representation and so it's the building inspector. It's the town's position that he is not running a business from there. It's essentially akin in the town's eyes if someone was having a yoga and they invited friends over to do yoga or they're in a band and they invite their bandmates over to practice for, you know, an upcoming uh festival or something like that. And that's where the town's position is. The zoning board is being asked whether or not to approve an area variance.

An area variance that could hold six people at once to perform martial arts training. I that's not against the code.

Yes, it is because the home occupation law says you're allowed five people per day, one at a time. So in essence, like if you look at this like what Stepping Stones did, because I was involved with Stepping Stones years ago, and I'm not saying anything negatory, negative or derogatory about Stepping Stones. Stepping Stones had no permits, no nothing up until about what 12 years ago, whatever it was, 12 years ago. They they created we we created a whole protocol and they got special use permits and everything in order for them to conduct the business of a museum, right? It's it's a solid place. People go there and visit. We all came to an agreement. They're allowed, I don't know, I think it's 4,000 visitors a year or something like that. But there's parameters involved in that. That's how this all developed, right? stepping stones. When he first moved in there, Bill Wilson, he was him and his wife. He invited friends over to have discussions, right? Those discussions grew into them passing on and the Stepping Stones Foundation deciding that they're going to create this home into a museum even though it's in the middle of a residential neighborhood. what he's asking for now is in violation of your home o there's no other rule in Bedford zoning or

the town has made a determination respectfully that it's not a home occupation if there's any evidence of compensation or any exchange of money there could be a different decision but at this time did you get tax returns to see if there is an exchange of money that seems unnecessary and out of character with an area variance for someone to expand.

It's asking for a home occupation, right? He's no different than if he was a violin teacher and he wanted six people to violin at the same time in his studio, right? That's there's no different. On the Google website, it says opens 11:30 a.m. Saturday. Right? So, he has his posted hours with the 37 Woodfield Road address listed on that on that Google website. He also said to the contrary that he doesn't control I I I don't want to get back forth over this I know I understand and I'm and it's a respectful discussion but him saying that doesn't mean that he's a truthful individual right I could tell you something how do you know if I'm telling you the truth or not without

the building inspector and the building department and the town have looked at it they've gone to the property they've met with him they've looked to see what is going on and the determination was he's not running a business based on your legal interpretation of of their findings, right? That was the determination, right? Based on your But I don't believe you're correct because how could you have a corporation with your business address listed at the residence? So, you say are you saying that anybody in the town of Bedford that has a corporation that they use their home address for is operating a business out of that house? When you combine that,

I asked you a question. Are you saying that if somebody has a business like I have an LLC and my home is my LLC? Are you saying I'm operating a business out of my house? Is that your service or process address or is that your business address? There's two different distinctions. What's the difference? What's the difference? Distinction because a service of process you have a license to practice law doesn't matter. Why are you Why are you attacking me? I'm not attacking you. I'm not understanding your logic. find you very disrespectful and I don't appreciate you can leave. You don't have to find me respectful or disrespectful. I'm asking a question as a member of the zoning board and I answered your question. You are saying my name is Jonathan David.

I'm talking sir. I'm talking. You are saying that according to your interpretation of the law, anybody in the town that has a corporation or entity at their house is operating a business. That's not what he said. That's exactly what he said. No, it's No, excuse me. Excuse me. What he said was And you are, sir? I said my name, Jonathan David Off. I'm his attorney. Okay. And I am licensed to practice in the state of New York law.

What he said was there's a corporation registered to Mark Abrams. It was registered, I believe Mark Abrams said 2008, but the state of New York says it was the filing date was September 20th, 2006. Dr. Abrams specifically said he sold that company to somebody else. No, you're

or gave it to or gave it or gave it to the his underlines who were who took over the business. It's what he said. Please don't interrupt me. Dr. Abrams then said that he moved and semi-retired to California. He then said he moved back to New York. And I believe he moved in How many years ago did he move in? Few years ago. I'll tell you this on these pictures I have which I so anyways he moved he moved back now when he moved back he didn't have that company

per him however the everything the promotions on the website specifically have his new address here in Katona furthermore and it says as it said and I hope you have copies of it furthermore what Mr. Dapoli is saying is when you're operating when you have a business and what he's asking the re the purpose for this variance for this extension for this exception is so he can have six people do exactly what this business does. Furthermore, what he did say today was he plans on reopening the business after his kids move out

and he said and he intends to go to a commercial area and he wished that he was doing it now so that when he takes his trips exactly what he said he would be able to write them off today and he doesn't write them off today. So that says to me that he's not operating a business. But you're taking his word and it and that's why the tax returns are relevant. And you're asking me to take yours and your client's word that what they that what they find makes it a fact. Excuse me. No, you can use documentary evidence. Take it. Look at it. We're not asking you to take our word. Use the documentary evidence. That's what it's saying. Excuse me. Now, excuse me. Let me finish, please.

And then you're asking Dr. Abrams, who by the way, everybody's been talking about his character. Did you ask him about that he was terminated as a forensic examiner by the first and second departments based on based on very You are making personal attacks. Excuse me. No, I'm not. Excuse me. Excuse me, sir. You had everybody come up here SAY WHAT A GREAT I DIDN'T HAVE anybody come up here. YOU WERE A PART OF THE You did not have anybody come up here. The board invited people. Correct. They came on their own. Did you interrupt them? Did you interrupt them? Did you interrupt? I'm talking. Did you interrupt them when they when they made their position? I'm talking. I understand. I was talking to your client and you interrupted because you walked up to take the microphone

because you badgered him. I badgered him. Yes, you did. And you're raising your voice. And I hope this right now exactly. I'm showing you that you are raising your voice, sir. Completely disrespectful. You are not allowing me to speak. Go ahead, speak. you are jumping in as your client did cuz you asked me. My question was if a person has a business a business formed in their home in the town of Bedford, does that mean that that home is a business? It could or could not. There's other factors. See, you want to narrow the scope of what a business is? Yes, you are. You're saying, "Hey, is it only this that creates a business?" So, the answer is, are you operating a business there?

Okay. Do you have proof that he's operating a business and earning money? Yes. Let me show you. First of all, earning money is not part of operating a business. You could be a charity, a charitable organization operating there, no money collected, and that's a business. And by the way, lots of businesses lose money. So, let's talk about you asked for the evidence. So, can I show you uh the state of New York Department of Corporations uh the the the business entity that was created? So, here's one. Is it a certified copy, sir? No, but you can go online and check. I don't have to go online. You have to prove your

No, wait. This is not a court of law where there's evidentary rules. Okay. Is there Do you know Do you know the rules of this committee? Sir, you want to insult somebody, you can insult them on your own time. Oh, no. Well, I'm just responding to you. Okay. All right. All right. Council, let's keep this focused on the question presented on whether or not the zoning board of appeals should grant an area variance for the expansion of an accessory structure. And then here's number two is the uh online Google business

with the home address. Also, here's the Facebook with the website and so forth. Now, if uh Dr. Abrams contends that the company is not in business anymore. He should have dissolved it. But what my client is concerned about is you are granting for today what smells like certainly a business. What he intends to use tomorrow as a business and he's continuing with his people, his employee, with his customers. Okay? Maybe one day he's going to reopen it. Maybe he's not. Listen, the bottom line is is that this panel, you all should investigate, really look at what's going on. I understand. And by the way, insulting my client, Dr. Abrams, when you talked about asking somebody to recuse themselves, that individual disclosed that there was a conflict. And the truth is this whole panel should have now at this point in time recused themselves because you've been imputed because excuse me our town and our investigators have found that there is no business being operated here. What you're presenting is speculation.

There's no proof of any business being operated out of his home. Secondly, I personally resent character assassination. That's nothing to do with what we're talking about here today. That is very low. Okay. So in response when somebody says why should we believe you meaning my client he it is very fair to say why should you believe him. It's not a matter of belief and established

by our attorneys and by our investigators that there is by the law that there is no business being operated. What you're presenting doesn't prove that there's a business being operated. Yes, I have a business too. Okay. I have I have something in my home, but I'm it's not it's it's not happening where people come and give me money. But see, there's a little bit. But no, actually that's not true. You can run your business from your home and make money. You just can't have six people come and you can't expand the property. It's like maybe Mr. Dapoli wants to now create put a basketball court in the back of his house and run games. Uh were not in question, this gentleman would have the ability to apply to expand his building. Correct. And but it's the but it's the question here.

But what he's concerned about is what it's going to do to his home where he lives. Would you like your neighbor to open up a basketball court and have 10 kids come during the day to play basketball? Well, we're not collecting money, but we're just we're going to rotate and have basketball games. That's possible. That is that is possible. I think we're getting a line between what a person can do in their own their own home. Correct. And it's okay. You didn't hear cards meeting uh in the in in the house. It's all it's all exactly except Mr. Nap is not saying don't have your two or three people go. He's saying don't expand it and have six people come. That's what he is with six people. You got to have

Well, that's what the application was. By the way, if that application said three people, it might he might not be here. I'm not saying he wouldn't, BUT HE MIGHT NOT BE WELL, NOW we're getting closer to something that you're you're saying that we're listening to, which is you would prefer to have five people, not six people. He's running he's operating a business, and the fact is he's already said he wants six. It's actually not what the application says. The application is what's what's actually posted online in the public record. That's what the application. That's not what I showed you. Doesn't matter. No, you showed me No, you showed me the letter, but but but what we're looking at here is simply a dimensional issue here of of the extent. Yes. And and we and and in our in our deliberation of all of this, we can put um um uh

clauses on and conditions accepted our department of state corporation and all that. You've seen that already? I have not. You have not. So he can get a copy of that as well. Okay. I don't have extra copies of it. So, okay. So, so the fact is is that and I believe this was raised last time which I'm surprised the town attorney didn't have because I I was here last time and it was specific brought up Facebook this department of state uh as well as the Google. I have seen this.

Okay. you have seen. Okay, great. Okay, so you know again it's not if if he didn't have this company, if he didn't have this history, if he doesn't, you know, then maybe it's a different story. But what my client doesn't want is a constant stream of people coming on a small road in a small town uh coming, you know, for these 1-hour sessions for these, you know, and having these right sessions. Simple as that. I don't live in downtown Beard Hills, right? He doesn't live be near business, right? I move to a residential neighborhood. So, I come home at night at 5:30 at night and have to contend with people parking on the street to go for karate lesson.

Okay. I believe that what the applicant said was that he has two two sessions, one on a Thursday and one on a Saturday and one on a Saturday. That doesn't mean a constant stream of people. I'm not twice a week every week all year round. But it also doesn't mean that when he gets the bigger space, it doesn't change. and more and he's and also we've shown that he's promoting for more customers to come

and and and which which he said and and the fact is is that again you know when you challenge somebody's veracity you need to challenge everybody's veracity and it's not about a character assassination but it's anybody can come up and say whatever they want put the proof out there so now there's questions about this and all you're doing is taking his word for it but his word is inconsistent because he didn't live in Katona when he allegedly got rid of the company. So why is this Katona address that where he moved in what over the last 5 years on these websites and on uh on his Google page and Facebook page? Why is it there if he didn't have the company before he moved there? Which goes to question his veracity. I'm going to leave it at that. You all can make your decision and ask your questions if you have more questions or ask for more proof, but that clearly shows inconsistent statements.

Thank you. Anything else? No. Oh, I got to talk about division and everything else there. So, and that was my point with stepping stones is how that happened and I don't want to see a similar situation happen here because once you grant that for up to six people, then it's an issue. his application. Wait, wait. Again, if we approve what's posted, what's advertised, what the request is, it says nothing about that. That letter, that letter that he submitted with the application doesn't count. No, it doesn't. What counts is the space, the variance, the variance with the size of the space,

right? And the variance is because there is a rule about an accessory structure can't exceed.5%. But he's defining the space. Yeah. He is he's presenting to us what what the he liked to do. He could left everything out. It's defining the space. I want a bigger bigger space. Because of that reason, we can, like I said, we can condition our our, you know, our variances depending on what we, you know, what we hear and what people present. And that's what we're doing right now. So, right. And but the space is defined. Yeah.

It's not it's not defined. So, he has a shed, right? And a shed is just for storage of materials, right? Your gardening equipment and the like. You granted him a variance because he's 101 square feet. He's not under a 100 square feet for a shed, right? You have to have a variance for anything over 100 square feet on a shed. No, no, that that's the oneird of a second. One third. I'm sorry. I'm sorry.

I understand. But again, you define as a shed is, you know, non-conditioned, non-electric, you know, and it's supposed to store your tools. He's defining this accessory structure as a place to train up to six people. His letter is part of that application, is it not? That that outlines the scope of work and what they're going to do and why. It's part the letter that I showed you, chairman. It's part of his applic uh what he what he what he Yeah. It's just what he submitted. It's not an part and parcel with it. Right. But the official document that stays with the property remains the drawings, the architectural drawings, the survey and the certificate.

And you're saying that letter that he wrote of occupancy. It's in the file, but it's not right. So somebody could take that later and say, I got permission for six people to be at one time in my structure. No, no, that's that's not the way the the letter should be disqualified. It shouldn't be included as part of the application. applies to the expansion of the accessory structure. Yeah. Right. But you're not defining the accessory structure, what its purpose is.

He can use it for whatever purpose he wants as long as it's not in violation of the town code. And the town has determined that there have been no violations issued to the property and that his proposed use of his accessory structure is not in violation of the town. I disagree with the town's opinion on that for the reasons I suggested. Well, and your concern are still protected by the use code of the town. Right. I I believe it's skirting the town [clears throat] code on home occupation law because like I said already, five people per day, one per time. You want to go doortodoor and uh see what's going on.

But but that's see I'm an engineer by trade and all I do is code and and reading it, right? So zoning code, building code, you're defined into these buckets, right? So, the only thing I could find in all of Bedford's codes that defines a structure with the number of occupants in the structure is the home occupation rule, right? He's not putting a restroom in there or nothing like that because then you'd get into department of health and all those other issues, but he's defining this structure as a place to gather for up to six people. It could be all six members of his family. You're absolutely right. But that's not what happens here. We all know that. you heard from all the neighbors and all the other things about it and I don't have to rehash that. Okay. So now I'm going to shift from that and and you know I think this whole proceeding is flawed from the last meeting but that's besides the point. Um I'm not here to bash anybody. He wants to talk about me and what music I play. That's up to him. I want to show you pictures of what it looked like. Um first of all the my first question is this current application is not signed by the owner of the home. So I believe that application is flawed. You have a copy of the application. I could bring it up. Sir,

the signature of property is not signed. Only an applicant signature sign when you print it out from the website blackens it out.

Yeah. Isn't that the probably the um I have a letter of authorization for this that wasn't attached with that? No, we don't that. So the applicant So the owner is Gia Miller only. Okay. So Mark is the the applicant for it. He just lives there. What was that? He just lived there. [laughter] We all just live here. It's all temporary, right? So, can I show you pictures of before and after? Sure.

Okay. [cough] This is my main concern. This is the Zillow listing before Gia Miller purchased the home. Okay. [clears throat] I moved in prior to her purchasing the home. This is the accessory structure. This is all the shading um tree shery. Sorry. And I'm on this side of it. Yeah.

Okay. After Gia moved in, we had a block party in my house. And Gia and I came together. The fence was old and wooden and we put up this white fence. But you could see over the white fence is Gia's house. And that's where I cannot see um the accessory structure. Right. You are not. So you're asking for screening. You want screening? Want screening? I'm not saying that yet. Okay. I'm just proving a pay, right? I'm going to get to it. Excuse me. The picture is showing that you can see the shed from your property.

You can't see the house from You can't see the house. The white fence borders mine house and J's house, right? And these people are on your property. Don't worry about the people. Yes, the people are on my property. Okay. And can you see the Can you see? I'm not seeing. What he's saying is you can't see on the other before Mark moved in. I can't understand. I can't see the assessment structure. This is the Zillow listing or the real estate listing prior to G purchasing the home. Okay. So, there's screening on that side of the [laughter] of the uh succession structure that faces my house. Okay. Did you all go to the property? Because you mentioned that you were going to go back. So I'm at a lower elevation.

That's higher. Mr. Patel is at the higher elevation. So he's at the top of the hill. I'm at the bottom of the hill. Y Okay. So when I take a picture now, this is what I see. That's the shed. That's the shed. That's the accessory building. It's not the shed. The shed is a different structure on this property. So this is So you before Mark moved in and after Mark moved in. So I see everything. Your concern is that you're seeing everything. That's one of my main concern. And the trees are what was there is now no longer there. Correct. Yeah. And you like prior to what he says, they were healthy and vibrant. You could see them in this picture. Well, we don't know when the picture was taken. Is the fence your fence or their fence?

The picture was taken. My wife wrote it down for me. 9317. Okay. Is the fence your fence? It's a shared fence. Gia Miller and I we shared it when she moved in. She didn't. It was an old wooden picket fence and I said, "Let's split the cost." And we put it up. Do you have a photograph from your side of the property that shows the shed? The shed isn't part of this application. Yeah. The shed pretty much backs up against his shed. Oh, okay. So, right. Yeah. I mean, the shed isn't right. I mean, you can see the building. I'm not concerned with the shed. We're only talking about the accessory. Okay. So, Okay. Do you want these? No. Well, I mean, we can take them. Sure if you want since you're submitting it.

Sure. Thank I would pass them over to the applicant too. I'm going to get to the K.

Yeah. I'm the Mr. Right. That's the shed that object. Okay. Somebody say something. Oh, I'm sorry. Just ready for you to finish.

So now if you want to get into, you know, all the tenants that you guys are supposed to follow, right? The granting of this variance will not create an undesirable change in the character to the neighborhood or detriment to nearby properties. It will create a detriment to my property. Expanding this thing, especially in my direction, is going to create more of an eyesore for me to see. I think it's going to detract from the value of my home to having he's the only one in the neighborhood with an accessory building that's been there, never had a problem with it up until now that he wants to expand it. I think it's too big. It's too large. It does not fit into the character of the neighborhood at all. It's visible to all. His his dealings with it create hazards in the street contrary to what he says because everybody else came last week, I'm sorry, last month and spoke about that. Um there's no feasible method other than his variance to achieve the benefit of this addition to the property. He can go into town. He could rent space. They could rent space by the hour and conduct all these lessons with all these people that want to learn from him. and he can conduct that in a town like any other business or teaching studio. So he could have six people at once there. That's the that's the detriment with that. There's no feasible method other than his variance to achieve the benefit of the addition to his property. Oh, I just said that. Sorry. The variance we're requesting is not substantial. It is substantial. It's doubling the size. What What is the um the calculation on the variance?

Right. He's going accessory building coverage where 0.5% is required and 2.02% is is proposed. That's more than doubling. It says 225 to 421, right? That's doubling. I'm I was reading the percentages. Mhm. Okay.

So, yes, it's doubling the size of it. If this variance is granted, there'll be no adverse effect or impact on the physical or environmental conditions of the neighborhood. There absolutely will be. It's a bigger building, less impervious surface, more people coming to his to his to visit him to learn from his trainings and teachings, which creates an adverse impact on our neighborhood. There's a lot of children in our neighborhood, and they just want to be able to play in the street like any other kid. None of us want to come home on a Thursday night and have to contend with his parking or on a Saturday. I want to come home and enjoy the private, peaceful, quietness of my home without having to worry that there's a dojo in our backyard conducting all these lessons where they can easily do it somewhere else where the space is more practical and applicable for him so he can safely train with all these swords. I have no problem with his training, his methods, his friends or anything like that. I firmly believe that this can easily be solved by just doing this training down and down Bedford Hills where there desperately need people to run space for it. [snorts] Um [clears throat] the variance is self-created. He doesn't need to do this here. He can do it somewhere else. There's nothing that would restrict him from anything on that from doing it anywhere else other than creating a more of a nuisance in our neighborhood and a direct impact on my property and myself.

Okay. Thank you. Do we have uh do we have anybody else that want to speak on the application? Yes, sir. Could you come?

Hi, I'm David David Schwarzman. I live 49 Woodfield Road. So, my property is sort of corner to corner with um this that property. Are you on the same side or the opposite side? I'm on the right same side of the street. Okay. You kind of come around to where Oak is and my my backyard past Mr. Dapoli's house. I'm next to All right. I'm beyond an Napoli. Gotcha. Yeah, that's this one right here. Yeah, this one right here. So, there's like corner park

and and um he did stop by. the applicant did did stop by and explain, you know, what they were doing and we did talk about, [snorts] you know, training two people and um that, you know, something that that which I've heard and so I'm just I'm a little confused whether it's two or six and whatever you decide I would hope that you put that as a a corollary and a condition,

you know. So if you decide that two is the right number then just just write that down that would be you know I think important. I guess my other question and I so right now you have these times but would there be anything in this and again up to your judgment that would say only two days a week I can have two people or six or 26 or whatever or seven days a week or five days a week because I guess in theory if the classes are an hour or two do does that mean Tuesday we can have a 9 a 12 and a three and a seven I don't know. So, whatever you all decide, I would like hopefully that would be written. Um, so the I are a couple things I want to clear up and my issue and Mark and I did speak about this when he when he stopped by was, you know, the traffic and the parking. Um, and and so I guess if you have six with Mark included and Gia, so seven, does that mean there's seven cars? Does the driveway hold that? And if not, are you out in the street? So, you know, I'm around the corner. And so, what I what I do, like, you know, if I'm getting a refrigerator delivered, I'll put my car sort of out um I'll put them on on my lawn. [laughter] Um or at least halfway on the lawn. Um, I think right now there's like some spiky plants that are there at that edge that might make it hard for a car to park

on the on the side on Woodfield. Uh, they're not spiked plants. Okay. Uh, but there is room on on the road itself, but there's going to be plantings as people saw there's gardens now putting on the sides of the road. So, also serve as

Yeah. Okay. So, so what would if you know if I were a king of the world, I would like that a person could maybe put their car halfway on the lawn, you know, that way because it is true that there are Yeah, there are a lot of um maintenance vehicles across the street from you. It seems like there's always a FedEx truck. There is that work going on at the top. I think I think we all view that I guess or at least I view it as yeah it's going to be awful for a couple of months but then that'll be done you know so maybe I view that differently but yeah there's trucks all over the place there's always a FedEx truck there's always an Amazon truck there's always something and as you know we've said if you come up over that hill the Lavine house is on the top and you come down it you're kind of coming into a little bit of a blind area um it's not a blind area. It's just, you know, you're coming down, you don't have great visibility. So, my issues just has been about the parking. So, whatever you do, I hope you consider that. And thank you for the opportunity to speak.

I I just wanted to report some what I think are facts since we have visited the site. And uh my observation would be that five or six cars could fit in the driveway, not including pulling over on the grass. But at the same time, my understanding is that anyone in that neighborhood, including the applicant, can park on the street on the on the roadway. It's not illegal to do that. So I understand I'm hearing that you are all concerned about the visual the sighteline when you know with the various trucks and I I certainly recommend that the town does have a committee and I believe the highway department that can look at some of those issues perhaps to make it safer on Cherry Street. The residents asked for a sidewalk and they got a sidewalk. So maybe there are some safety improvements that can be but my understanding is unless [clears throat] someone corrects me that any neighbor any resident there can park on the street in addition of course to their own driving.

Yeah. And and my look my fundamental is live and let live. That's how I view the world, you know. And I got in involved in that stepping stone things only very late actually because they would literally park from Cherry Street thing. And it it just got to the point like, wait, what? And now you want to have six parties at 600, you know, all this. Right. Well, that was very good. You resolved that. So, you know, I that's why that's why I've kind of pointed out I'll always park up on the uh on the lawn or at least halfway on the lawn to make sure I'm out of the way. And if you could do that, you know, if there could be maybe instead of plantings pushed back and there'd be grass and you don't mind,

you know, and I'm just trying to couch what I see because I I hear you loud and clear on the um people have visitors. I I guess it's maybe that I don't know a difference between on a regular basis and such and such, you know. Um but anyway, I I just hope that would be part of your consideration, but Oh, absolutely. You know, you'll all decide what you want to do. Thank you. Absolutely. Thank you. Yes. Kim, do we have anybody else on the um Zoom call? I don't have any hands raised. Okay.

One one thing I would like to clarify is about the um like the use of the property. So before the zoning board is an area variance when it comes to the number of occupants or you know how many people can be over at the house at one time that is not within granting an an area variance that would be granting a special use permit site plan approval or uh so just be mindful that it's you know conditions could be for things like screening and and things like that but um and also since the variance does run with the land you know a future owner should not be necessarily uh regulated to only have two friends in their accessory structure. Thank you. Yeah.

Hello, Tim Leonard the architect. Like to actually talk about the architecture for one second. Um so yes, we're here for an area variance, no other purpose whatsoever. And as far as the structure is concerned, the overall height is being maintained at the exact same height of the ridge it is now. And the side that faces Mr. Dapoli is actually a narrower projection than what exists now. We step the building in a foot or so on each side, so there'll be less of a facade facing that property. There's no windows on that side of the building. And the building will be uh constructed with closed cell spray foam insulation, meaning it's basically going to be soundproof from the inside. Okay. Oh, and you'll also remember that the building is substantially set back from the property line, far beyond what the uh code is required for accessory structures. Um we when we were there today, I was there today with uh Rosemary and we were looking and and uh it is true that it I mean the white fence just is there and you can look straight across the top. Can we u is uh well the applicant amendable to uh to screening uh putting in trees or something that that would block out the neighbor's house.

The issue Yeah, please come. The the issue with that would be um I have garden beds there and the trees the last trees that I had there were um evergreens and the needles are acidic and they basically ruined the soil there so it was dead soil so it's now being redone and if you do notice there is a trellis that's on the side of the buildings um facing Mr. and that will be um flowers. So there will be uh that that will all be of flowers growing all the way up there. And that's going to be closer to the the new the new construction. Yes. Yes. That's going to be on the new construction. On the new construction. And then if you saw on the hillside there were trees, Japanese maples. There's stuff there already that breaks it apart.

So I don't know if we can get something maybe raised fence. I don't know if that's I I was actually thinking of that today if it's possible. and I discussed it. We'd be more than happy, Mr. Because you know, since you share the fence and the expense of the fence, it would be nice to and uh Al, could you say whether that white fence could be raised any higher interior to the property? That's at the property line, correct? Yeah. No, it can only be six feet. Six feet. They would need a variance for that. You would have to meet the actual setbacks if you wanted to go a little higher. So a trellis in front of it wouldn't be a problem, but it would as long as it wasn't attached to the fence. Trellises on the building.

Yeah, I know. I was thinking, oh, there's Yeah. So, the setbacks are the issue, right? Um, but I will do everything I can to basically the trees are growing obviously that the ones that are there will continue to grow each year and each year they'll see less and less of it. Well, I was going to say you don't have to put the any kind of trees or at at the fence line. As you say, you could put it up where the new construction is along with that is there's a very narrow pathway where I uh where the mower can go back to get that area because this is a hill if you remember and there's a one small flat area. So, if there would be trees there, there would be no way for me to be able to gain access back to that area. So, that's actually a safety issue gaining access to it.

Okay. The um the other issue, first of all, actually I thought the corporation was closed down. I would be more than happy to have my accountant speak to the town's attorney where I can amply demonstrate there have been no taxes filed in regards to that corporation since 2015 was the last year. So the claims otherwise are false. But more importantly, since I no longer teach Iikido, I'm not responsible. I don't upkeep a website about it. I don't teach it. Once again, there is no business. I do not teach iikido. My traveling to do this doesn't constitute a business. It's I'm passionate about something and I pursue it at my own cost. My sharing time with people to do that is giving back. Sharing what I'm learning. It is if the if the police is you guys and you want to limit the number to five people that's fine in there at any one time.

Well, our attorney has advised us that's not our role. So, you know, I'm not looking we can do that to create saying that we couldn't limit the number. We can limit the number. I'm sure we can. Well, it would already be limited under the under the town code. I mean, here we're talking about an area variance to expand it. I mean I Alec there's fire code on how many people you can have in a certain size structure and so with this I mean I think it would be governed by that. Typically you see limitations on the number of occupants with and granting a use variance a special permit site plan approval. I'm not sure it would be that's more of a commercial

that's in the commercial code when when you're dealing with homes residential it's more about sleeping as far as how big how many square feet for a bedroom there's nothing really I mean somebody has a decent size family or I'm just saying I mean uh in this case how many people are doing this right now you're look you're looking at the two people myself no but you're looking at six people Tommy

what I'm saying is if I have six people on a roster, I would want no more than three or four people in that space in any one time because even then four people takes away. If they're three, I'm there doing it with them and they're doing it together. That's really so two people and myself is really kind of a workable number and my expanding the space is so that I'm no longer a disturbance to him because clearly my working outside was disturbing him. And someone pointed it out last time he argued against his own argument where I don't want to set a precedent by setting a number though that I that would there's no precedent.

Well, I'm I'm not going to do something that's going to create a safety issue either. Yeah. Yeah. And I'm I'm not interested in making a safety issue. Yes. I mean, it's this is literally as he as he aptly demonstrated, this is an issue about trees that were taken down. This has nothing to do with the space that exists and what I'm asking for for the variance. I will make every effort to make sure that the view that he has will be screened as much as possible.

Uh it's ridiculous to think that somehow we're interested in looking in his property, nor do I care that he looks in on my property with neighbors. I mean, people do what people do. It's it's beyond silly at some point. Um we could because we can also add a conditions of times if he's using it for this particular

but he he's using it for he's alleged and telling the board that he's using it for a residential purpose essentially having friends over to do some training. I I it's not a commercial business. That's what the applicant is saying. And I mean again it typically those types of restraints on the use of property are in connection with a commercial purpose site plan approval special use per or a special permit. Well then we can certainly can condition that they can't be used commercially. Absolutely. Yeah. Yeah. And and that would also be prohibited under the town code already. Okay.

Just as an aside because I was just um googling it. Um, isn't the town working as of last year on a particular document for home occupation, home use with some further language that could bring take it to the planning board? I take it that's still in a proposal stage. Uh, yeah, I don't want to comment on on that at the moment. Yeah. Okay. Yep. So, there's nothing nothing we have right now. I think we're ready to make a decision, right? Yeah. Yeah. heard. If there's no further um if there's anybody else that wanted to speak on this application, um can I have a motion to close the public hearing? So moved. All those in favor? I

Okay, public hearing is closed. Discussion amongst ourselves. So again just to follow up on what I was just saying I think that you know as as the home occupation as working from home as everything in our lives is changing that is a bringing a lot of these things um to residential neighborhood. Um, but as of now, the only thing we really have to work with in that in zoning is customary home occupations that are keeping in the character of the neighborhood. It's it's a very broad, very open um um defined use uh of an accessory structure. But I think it's clear from the discussions tonight that you know some some neighbors don't don't see an issue at all and and and find it absolutely customary with the the character of the residents residential area and there are some who have concerns um I think the applicant is highly sensitive to that and but uh as we've al also disced discussed um that is in front of us is is merely a small studio um that is being expanded and just on the face of that there doesn't seem to be anything wrong with the application in that sense and I appreciate the applicant reducing the little torch on the side to to um make the character of the the structure a little bit better um as far as the screening goes. I mean, yes, there were a lot of trees on the applicant's property at one point. Um, just studying the GIS um mapping, which kind of shows you the history of what properties look like all the way back to

1976. Um, that was a rather dramatic change for your property uh about what, seven years ago, six years ago, five years ago. Um but at that point but your your neighbor also uh didn't have much many trees anymore because there was an addition looked like it done to that house between 2000 and 2010. There were a lot a lot of trees that got taken down. So that's kind of has changed the character of the whole neighborhood in that sense. But that's no pun intended natural. Um, but I think it would be a good idea to require some some critical good critical place screening that just kind of obscures and filters um your structure some significant trees now as the rest of your landscaping matures uh as as trees are growing and you can stick with narrower trees if you're concerned about a pathway but I think that would be under normal circumstances is something for I think a request like this we would want to we would want to want to look at. approval.

That's my thoughts.

Again, the uh of the many issues that have been brought up, I think we've investigated all of them thoroughly, including with our town attorney, with our building department, and we have some established some facts uh uh that that will will dictate what type of a decision uh you know, we'll make. So I would just say that any everyone is respon is required to conform to whatever the town regulations are whether it's noise, lighting or other thing. We're not ruling all that that exists already where with with our ruling you certainly must stick to the sound town codes and uh keep and keep a neighborhood as you would want it and town does protect residents from that. So, so uh you know again I think we've tried to address and heard every issue here [clears throat] and try to make some mitigation if possible.

Anything to add Howard or No, thank you. Okay.

Um I I too don't have I mean I agree with both of you and um and I certainly appreciate Mr. Dapoli's concerns. Um so to that degree, let me put forward a motion and hopefully with some conditions we can go forward and they will be uh acceptable to both parties. Um, I propose that we approve a variance for the um, as it is noticed um, to increase the artist studio um, in the ground floor accessory structure. um doing so um when we talk about um uh there'll be no undesirable change in the character neighborhood, we're talking about a general overall neighborhood, not just the uh undesirable charact or change to one person's or the direct neighbor. Um, in this particular uh application, we've had um um letters on both sides of this. And I've also still I'm amazed when I drove through the neighborhood that there's a building that's just down the road that runs a septic business out of there that has a big uh front end loader in the driveway that nobody seems to determine or is bothered by. But anyway, so I don't see any change in the or an undesirable character. Um certainly the backyard and everything we would like to see u maintained. Um um if on the side of this building, the idea of a trellis um or several trelluses with plants on it that that will block it out from the neighbor is a good idea. Um and um again, also screening isn't just one-sided. If Mr. to Napoli, you know, there's an area that in particular bothers him with just the the shed that, you know, he too can plant some uh something on his side of

the of the of the fence um as well on his side of the fence. Um the benefits sought by the applicant um cannot be achieved the by another means phasable. He's they're simply looking to expand um the the you know very a very small studio right now um into a slightly larger one. Um, I wouldn't want to see more than four people at any one time in there. I was in there today. Two people even looked like it was a fairly tight place. Um, so I would think that no more than at least, you know, two people doing whatever you do. Um, if there's another two people to watch, that's a different story. But again, I six people is way too many is in my mind as well for the size of that. Um the variance requested um we don't believe is substantial. Um the variance requested will not result in an adverse physical environmental or environmental effect on the neighborhood or community. Um the difficulty is definitely self-created but that's only one of the factors to be considered by the board in making its decision. It's not determinative. Um if granted um the applicant shall use their best efforts to ensure the building permit is issued within one year of the board's approval of this variance and then diligently pursue such construction to completion. The applicant shall submit an asbuilt certified asbuilt survey including building and impervious coverage calculations to the building department prior to the issuance of a certificate of occupancy. Um the variance is granted in accordance with the plan submitted to the board dated uh 102825 and then um

I guess revised on 12525 showing a reduced porch.

Um we would also condition this that the um that cars be parked on your property. Um it certainly I mean when we were standing there today it certainly looked like they could angle in onto the lawn um without and still even leave you room in your driveway quite frankly. Um but again if you have to if somebody has to park on the street that there is parking on the street that's allowed by the town law and if there's a problem then that's a police issue uh not a uh not a a zoning issue. Um and um even if as one of the neighbors pointed out, you can pull up onto the lawn a little bit because you don't have sidewalks on that street, then I understand what he's talking about too in terms of making a little bit more room for a police car or FedEx truck or UPS truck to come by. Um certainly, you know, we don't want to see the road blocked by any by by people an excessive number of people parking. Um and then as far as um I would I would like to recommend that um as a part of the condition of this that um you keep your um your you know classes teaching whatever you want to call them to the two days if possible Thursday and Saturdays

um and just keep them to those set hours so that your neighbors know when it would be happening. I I hope that would then offer some you know they will know that it's not happening at other times. Uh so the 5:30 to 6:30 in the evening on Thursday and the 10 to 11:30 on Saturday doesn't seem to be you know out of uh you know out of whack with anything or um certainly allows for sleeping in on the weekends and things. Um and certainly no use of um swords. I know that we had this discussion last time. I know there was wood wood, whatever you called them, but yeah. Um, you were the only one that was using an actual yourself something that was metal steel blade. I only use that personally with nobody around.

And then we would want to see that continue. Nobody else using a metal sword of some sort or anything that that that would be dangerous. And of course, nothing should be left lying around for access to people that might be an attractive nuisance for neighbors or anything coming through the through the gate. Um, that's all I have. I'd like to just lock in the the landscape screening. Define maybe can define it by four um as fast growing evergreens. Um, narrow. Yeah. Starting narrow. Yeah. He has a choice. I don't want to lock down the choice but fast growing evergreens at at a minimum starting height of six feet.

Can we do that somewhere closer somewhere between the the fence and the building so that that building will get would ultimately be planted out. As I said, the problem is Yeah. No, I get that is the hill has um glacial rock there and there's that only one small flat area. That's the only area I gained access. The prior evergreens I had had those boring uh beetles in them. Um that's why I had a huge spruce that had to be taken down on the other ones. Um so I would want to avoid that. But he has if he would like to put them on his property, he's more than welcome to do so, but I will put this, you know, screening stuff I have there screens and I will just continue to add and they are growing.

Any more you could any more Japanese maples or anything of that nature, but those are fairly slow growing. Well, yes, but there are other ones that are not Japanese. Okay. And actually some of the Japanese maple um do grow tall. There are two different types. They're the ones that grow tall and then the smaller one. So the red one that you saw at the top of that hill is a faster growing. Gotcha. And that's been about four years and you see the size of now it's going to keep on growing. And we do understand that there'll be the dead cell insulation sprayed in. So that should offer some kind of um sound protection into the building.

Into the building. Yeah. Chairman, I just wanted to raise a concern I have with one of the conditions regarding uh the two days per week. Yeah. Um specifically the enforcability of that um how is the town or enforcement going to know if there are you know people over for for tea or for uh you know uh getting together for you know to have take some lessons. And so I have a concern with that similar with the concern of you know limiting to the number of people enforcability and again that that is moving more towards in the purview of a use variance or a special use permit and not necessarily associated with the residential use of you know having a accessory structure that you do training with effectively I don't mean this to be disrespectful but your friends

right you know well we can make this as a suggestion then Yeah. Um that that would be important to have a situation where people call you. Yeah.

My sk my schedule being a psychologist and also having to be a parent. I don't have you know the time that I'm doing now is a lot and when I open the commercial place it was when my first marriage the kids went off to college. So then I had the time. My priority is my family and it will continue to be that way. If I come home and I do sometimes private training at lunch, sometimes people [clears throat] one like only one person like Rob Le the birdie uh will come down sometimes at a weekend or somebody will drive up and we'll go in there just ourselves and that's it. But as far as the kata stuff, the things that I'm doing, I only have those that small period of time. And

I'm not asking you to believe my word about them. I don't have any. I I'm just saying I'm saying this partly because I want to just see peace in the neighborhood. [laughter] What about tying it to a a customary residential tie? But the building department respectfully that's not before the board. The building department hasn't issued a violation or determination that he is uh utilizing it as a customary home occupation. Um and to give an example, let's say because the variance does run with the property. Let's say he moves out and sells it. The next owners, you know, their kids like to play video games, their kids want to have like four or five friends over on a right

Tuesday or a Thursday. would they be running a foul of that condition if they're using that accessory structure as like their gaming like headquarters or something? So, I that's my my concern with that. I I would agree with that. I think it's way impossible to to monitor something like that and I think we have a fair hearing and a good presentation and I think the conditions will be met that we're talking about.

And and [clears throat] I do want to say if there's noise complaints or parking issues, those should be raised to the town. uh so that they can investigate. I know that investigations have taken place prior to look into the intensity of the use, the parking people are there. Um and they came to the determination that it was just effectively residential use with having friends over and doing some some training. This akin to someone inviting friends over to do yoga,

right? One of the things brought up here I just I mean we weren't discussing this as a home home office or a home uh occupation um where it was pointed out that you're only allowed to have one person. I mean if we have a had a situation where someone had a basketball court and they were a their job was a as a basketball coach I would I presume they could have five people over to play basketball. They they could and I mean again that that goes to the sim effectively the similar nature is here is you know the board weighing the evidence and the testimony of different people that have presented to determine whether or not you know in that instance the basketball court is basketball court being used just for a recreational pickup game or is it being used for you know compensation to be paid as a trainer as a coach?

Gotcha. Okay. [clears throat] And it we actually see this issue with like swimming pools. Yeah. where people will invite friends over with little kids and they'll be, you know, multiple people and they're doing like swim lessons back there and it's hard to figure out or is money being exchanged? Are you doing this as a business or are you just training kids how to swim or someone has a party and the cars are there and the family is there and it's you know that that is the right of the homeowner. That's the way we [snorts] all we all go by that. So would it be appropriate to add a condition of no continued non compensation? Well, wait. No,

because if he does, if evidence is presented and town becomes aware of that, he could be issued under uh violations under the town code as it's written. So, I I think that would be a little duplicative of the town code. Gotcha. Okay. Sound a good thing. No, wait. Wait. No. No. Do we have a second? Second. Mr. Stern? Yes. Miss Lee? Yes. Mr. Pan Lren? Yes. Mr. McCallis? Yes. Okay, now you're done. You got it. Now you're done. We have the book. Now we have it. We heard you so much and now we have to go. Peace to all of you. [laughter] Thank you. Thank you all for speaking.

Thank you for speaking. Thank you for speaking. Ready?

Yes. 18-24 Parkway LLC is seeking a variance of article 5 section 125-50 and article 10 section 125-102 for 24 Parkway designated section block and lot 49.15-4-23 in the central business zoning district to permit the conversion of a pre-existing legal non-conforming accessory structure to retail space where the rear yard setback results in 1.7 7 ft where 30 ft is required and where the total building coverage results in 57% where the existing building coverage is 59% and where 20% is the maximum building coverage permitted in the central business zoning district and where the required parking spaces for retail space is eight on-site parking spaces where zero on-site parking spaces will be provided resulted in deficiency of eight spaces in the central business zoning district. Good evening, Mr.

Good evening, Mr. Chairman. Pete Daniel Hollis, Kent Waldinger, Mont Leó, Kushu and Hollis, attorneys for the applicant and uh here tonight with Sarah O'Shea from my office, one of our attorneys, and Chris Kerman from the Elizabeth Roberts Architects, who are the project architects. um my letter of December [snorts] 1st sets forth the usual uh study of the balancing test and the criteria and I'll go back to that just very briefly uh some high points as to why the these variances should be granted but simply stated uh the application really is to continue the use of this property as it had had been used by the prior owner. It was an architect's studio and a and a art stu art gallery of sorts. Now, it's going to be uh a a gallery. And I just want to highlight what the owner has in mind. The the owners, the LLC, and I'm here tonight, too. I forgot Brendan McKenna, uh the property manager for the client. I apologize, Brendan. Um the Kona Gallery Project is a cultural initiative dedicated to supporting contemporary artists and enriching the local uh community through exhibitions, education, and public programming. And the family behind the LLC is the Gotchman family. They're quite well known for supporting the arts. The Gotchman collection, Gotchman family collection of art is a quite well-renowned uh collection worldwide. Uh dealing mostly with modern American artists and indigenous artists. And that's what this the emphasis of the type of art that will be at this gallery and studio is in that genre. Um the hours of operation um are uh 11:00 a.m. to 5:00 pm uh on um on Saturdays and the staff there will only be one staff

member there. But in in the uh main building uh there will be uh an artist there and the artist in residence. It won't be all the time, but when an artist will be there for an extended period of time, they'll be in the apartment on the second floor. The the studio and the storage area in the barn, which is the subject matter of the of the variances, is a building that's going to be torn down and replaced identically in place uh with the same setbacks uh as currently exist. The difference the green the green buildings in the back, the they're rebuilding that whole building. Yes. The green buildings in the back. the green buildings in the back of the house. That's what we're talking about. The cinder block building. Yes.

Okay. I couldn't remember. Can I ask you another question? Um my understanding is there were apartments above. Yes. Originally and they're going to be gone, right? No, there'll be an apartment there for the artist. Oh, there will be a residence. Okay. Okay.

And uh Chris, you know, we'll show you if you have any questions about the actual plan and the coverage issues. I have that. That's why I had the the blowup brought for tonight. But the um uh the uh it will be a replacement in kind identically in the same spot uh with more modern electric HVAC and more most importantly fire rated walls. you know, it'll be a much safer building than is there now. And the variance for the parking is, you know, seemingly the most the biggest one uh as far as need, but there are ways where parking is available and there are two municipal lots nearby and during the week there's on street parking. Uh Saturdays are a little more difficult in Kona. Uh but uh the the train station lots and the lot up north of uh Clark Funeral Home, they're vacant on Saturday. So there won't be a problem having people come and enjoy the art that will be available there. Uh I think it'd be a very great cultural addition to the town. So um as I said, it's a replacement in in kind. And I'm glad to answer any questions you might have about the application. Uh, but I think going through the balancing test, uh, all of the things we've match up quite favorably. And if there are any that you don't think I do, then I'm glad to explain why I think they do.

Mr. Has the building I'm sorry. You go. You go. Has the building already been expanded in the back? You'll need that like It does look like it's bumped out. Yeah, it look like it looks like it's been something's been bumped out in the back. Are you talking about the front building or the the building that we're here? The building that's on the front the front building as you walk back down the driveway between Kelloggs and Lawrence and your building. It looks like it's been bumped out at the or maybe it's just the new insulation. Uh it's it's just the new insulation. We haven't changed the foot. We haven't changed the footprint of that building hasn't changed the footprint. Okay. So that's not and in fact we're actually reducing the footprint because we're removing we're removing this piece that's in the back.

Okay. So, what what's going to happen is this will just be a clean facade here, but I'm sorry. Go ahead. In the back, there is a a bump out and then there's a balcony up there. That's right. The bump out is removed. Oh, it's being removed. That's right. And what about the cinder block building that's being removed? The cinder block building is the it's part of a barn question that we're here to ask. Okay. That that's a barn. Okay. Well, we're calling it a barn. It's it's a partial wood structure as well. So,

uh, the the question I had, I visited the building, you know, looked down both side alleys and walked in the back and I I thought I heard that there wasn't going to be any apartment, but it would be like um the studio downstairs and then other space, but it will be a residential apartment. So, let's talk about two things. The the barn building that we're here to talk about is just for gallery studio space. There is no residential component proposed. It's a single story. I think right now the back part of that has a kind of second floor to it. We're justing one story. The front building that is permitted that we are currently under construction.

The uses kind of uh gallery detail on the ground floor and there are two apartments on the top floor. All right. And I think the the barn itself as we call it received the certificate of compliance uh from the building department for the studio and storage uh four or five years ago by the from the prior owner. So that when I say we're continuing the use, we're continuing the use as approved uh by the town. Well, the buildings that stand there now, including the one you're renovating, look like that has been the footprint from many years. I mean, how old what's the age on the building? It's been the footprint has been the same.

I don't think it's it wasn't one of the buildings moved. I know I know that. But it's it's quite old. I Chris, could you estimate? Yeah, it seems it's certainly early 20th century construction. Okay. It's not it's not a Katona historic district building at all. I don't believe so. And there was a small I think Chris mentioned small decrease in the building coverage for the parcel. Mr. Hollis, where will the resident in residence park their vehicle cuz well they one of the two parking lots or uh Okay. So they intend to park off site.

Yeah. I mean there there isn't any parking on site and so they they'll have to find their way and there you know there limits timewise along the street. Uh so which is enforced which is enforced and so there are 24-hour parking availability in the two municipal lots I believe or there was I haven't parked in either one of those in a bit in a while. No no room to park between the barn and the main building. Is there parking in between? Is it is it possible to park there? Is it it's probably possible to park one maybe two vehicles but it's a very awkward kind of right to get in and out to get in and out

especially during the week you might be able to because you don't have any action with uh people coming in except on Saturday there'll be some outdoor exhibits on Saturday too in the area the terrace in between the main building and this and the studio building is that an active driveway I think it is yeah they use it for inside and then come they don't come out onto the parkway though. They're all interior. Yeah, they're just not people don't really cut through it. Well, I have seen cars drive to that general store hardware store. Yeah, Kelloggs you can pick up merchandise on the side. Sometimes people do. But I mean it's not a common thoroughfare to go from one part of the

I I was thinking and how would would want to respond to this is is the um access for the fire department vehicles you know in how I don't even know how they could even get in there to do anything. Um it would be very difficult at best currently but it's as it currently exists. Yeah. And it'll be better fire rated construction then is there now. Good point. That's the main thing. Good point. And sprinkler and sprinkles. Yes. Well, I uh I would say the construction that was being done was very very good, very meticulous. So, I compliment the construction company, the workmanship on the building was excellent. Is there anyone on the um Z on the Zoom uh Zoom call or in the audience that wanted to speak on this application?

I guess you have to tell me, Kim, if there's a hand that goes up. No hands. No hands. And nobody in the audience. Can I have a motion to close the public hearing? I'll make it. All those in favor? I I public hearing is closed. [sighs] Any more discussion? Rose, you want to make a motion? Sorry. The silence is beautiful. Did you have anything else? No, I didn't. I don't have anything else. I He just wanted us all to see his beautiful beard. I just wanted to put the folder down and get the next one out. That's all.

Okay. So, the uh zoning board of appeals has um heard the uh application. for uh Bedford Hills Court Bedford Hills 321 Bedford Road Bedford Hills 18- 24 Parkway 24 Parkway Why am I seeing Bedford? Cuz that's where we're here. That's us today. Okay. I'm sorry. 18-24. Uh

it's been a long evening. 24 Park 18-24 Parkway and uh has determined that in particular the board found that the benefit to the applicant by granting the variance outweighs any alleged detriment to the community and determine the following. One, the benefit sought by the applicant cannot be achieved by another means feasible to the applicant and there will be no undesirable change to the character of the neighborhood or detriment to the nearby properties. Indeed, the building itself is being completely renovated with fire safe uh installations, modern building materials, and uh has improved the visual character of the neighborhood. The variance is somewhat substantial, but that does not always play a factor in the terms of the decision since there is no um issue in terms of the health or safety of the community. The variance requested will not result in any adverse physical or environmental effects on the neighborhood or community. And the alleged difficulty is um somewhat self-created to make an improvement, but that is only one of the factors that we consider by this board in making a decision and it is not determinative. Approval of this proposed variance would be subject to the following conditions. The applicants shall use their best efforts to ensure that a building permit is issued within one year of the board's approval of this variance and then diligently pursue such construction to completion. Two, the applicant shall submit a certified asbuilt survey including building and impervious covers calculations to the building department prior to the issuance of a certificate of occupancy. And three, the variance is granted in accordance with the plans submitted to this board dated

August 18th, 2025 and received by the board on December 1st, 2025. And thank you. My pleasure. I'll second that. Mr. Stern, yes. Miss Lee, yes. Mr. Van Love, yes. Mr. McCallis, yes. Thank you very much. Thank you.

Is that the letter house? Where do I crumple it up? No, it's a good letter. Is this girl rich? I need two minutes. What's that? I need two minutes. Okay, take two minutes. We need time to read this letter. [laughter] I think this is she planned this. [laughter] That was wild. I'm sorry. Is it possible for you to turn that this way? Uh, so the camera's got to be able to pick it up because it's a public hearing.

Thank you. any news. Can they help demonstrate only properties in perpetuity? No. If not, the laws are separately closure. The attorney to preserve privacy

17 acres. Okay. 17 acres. Stacking. What does that mean? Stacking variance requests. Multiple. Okay. [laughter]

Oh, I see. Setbacks are sometimes for shielding, lighting, and limited noise.

Oh gosh. I'm having a nightmare. I [snorts] know. They never came back. I'm ready. Howard's not back. Well, they have to read the ready.

Oh, should I go ahead and read? 180 Girdle Ridge Road LLC is seeking a variance of article [clears throat] 125-50 for 180 Girdle Ridge Road designated as SPL61.11-2-2 in the residential 4acre zoning district to permit the demolition of an existing residence and pool and construction of a new residence where the garage results in a sideyard setback of 11.88 88 ft where 50 ft is required in the residential 4acre zoning district and the construction of new pool house trellis and pool where the pool houseyard setback results in 5 ft or 50 ft is required and where the pool sideyard setback results in 15 ft or 50 ft is required in the residential 4 acres zoning district.

Gez good evening Mr. Hollis. Good evening Mr. chairman again. I'm still pet. Please don't repeat the whole name of your firm. [laughter] All right. Well, you explain to the rest of them why I didn't mention it, but I [laughter] won't. Um, but I am here along with Sarah. I want to give her credit for Thank you.

You know, sitting through the the earlier application. Um, and I'm here tonight to discuss the area variances required for the uh demolition and con construction or reconstruction of a dwelling at 180 Glee Road. Um, with me as well is John Johannes and he'll be very proud when I get the name new name of his firm KSCJ Consultants. Did I get it right? And John be here to help us out with any questions you might have. You know, one of the limiting areas. It's this is a 17 plus or minus acre parcel, but there's severe limitations on where we can build. And I received the copy of the letter that Mr. New House delivered at 3:55 today. and I'll comment on that letter in general sense a little later. Uh he's correct. I was the applicant's representative uh for those stone pillars which some of you saw if you went there. I don't believe they are in any way uh problematic. I think they've done well and weathered well but I think that happened six or seven years ago. Um at least it was precoid. But what what uh the limiting factors are not just that their wetlands wetland buffered on there, but Yan, if you would uh show where the dividing line is for the beginning of the conservation easement, uh there's a a pretty large conservation easement area here. Uh that runs basically from the from the Girdle Ridge Road halfway up the road. Uh and and so nothing can go in there.

How many acres is that conservation easement? How many acres is the easement of the 17 half of it? 11.19. More than Yeah, more than half. 11 of the 17 acres and then the rest of the area is is uh John point out where the restrictions are. The the wetland is in shaded paint. The buffer is red. Okay. And where how about the septic areas both uh uh present and proposed. And how was this the conservation easement created or when the land trust? Uh they donated to Yeah, that happened the prior owner.

Yeah, Otis did that. And by the way, because of the land trust being involved, I met with Jody Hughes of the land trust on August 1st. Showed them the plans for the appearance of the building. Showed them where it was situated in the land trust. He sent me an email confirming the fact they have no problem for the application. So they I think that's part of the requirement of the owner that they not make any changes in the in the well right we're very limited about what we can do and so that and and the reason that the property is the additions are all to the right is because of the the septic locations I'll put

the um the existing septic system I'll just step back the house existing house footprint is in red the proposed is in beige so you can see the expansion uh the existing septic system is off to the south. Um that system is going to be abandoned in place. We're going to propose a new uh sixbedroom septic system to the rear of the home. It's the best soils on the property. This is our expansion area should we need it to there's an existing drainage system uh front of the house which we plan to reconnect to to serve our storm water. So I'm sorry the the red outline is the h current house. Yes. Okay. Red outline is the current house.

But you're going to tear that down. Correct. Just for demonstration of Y. I can't see the dimension from the septic to the pool. 7497. Okay. And that's pretty much where the current pool is. Current pool is is about here. Yeah. Okay. So, you're moving like a kidneyshaped pool. This pool equipment. It's being pushed back.

Yeah. I I can't see like I used to and the older who was on but but Cabaro Rugulo from Wed Gilmore Architects is on I believe and Michelle Jacobs also of that firm if you have any design questions. Uh I just didn't want to leave them out of I can't tell but all I see is myself. They are on there. [laughter] What kind of pool? They're on. Okay. Do you know what kind of pool it is? That I would have to ask not to. Okay. that in terms of it saline or wine the whining or anything. Yeah.

But I was the particular re what's a particular reason for pushing the uh the pool uh back and towards the property line. Yeah. Do you hear that question? And could you Yeah. Why is the pool being pushed back to towards the property line with the setbacks?

Well, that's the only place it can fit in uh comfortably w with the house being added to and the the garage because it's all moved towards the 100-148 Girdle Ridge Road property, which I might add there's a a commonality of familial ownership in both of those LLC's. uh and the management the the manager of each of those LLC's is the same. So, one of the points Mr. New House makes in his letter today is, you know, nobody lives forever, which was news to me. I thought I might uh but uh uh you know I I recognize that but the owner of 100-148 Turtle Ridge Road has accepted the fact that there'll be a a uh an encroachment but a neighboring property only 5T from the from the property line. So that that owner is fine with it. So uh

another limiting factor is um the existing well is is here uh almost immediately adjacent to proposed addition. We need a 10ft set back from the well to the house and now that the county health department has increased their setback from well to pool 35 ft. So between the septic and the well, it kind of the pool would be kind of in the middle of their, you know, kind of their their lawn area. I think uh speak to the design of it from the architectural standpoint, but there are some limited factors because of the uh

but from what I could tell I mean admittedly there was snow on the ground, but the current pool that's there isn't so far off the property line now anyway. Exactly. I mean, it's right pretty much in the same place. We haven't really We've encroached a little closer towards it, but it's the existing dwelling is in the same general area. And what's not shown on there is the uh off of that nice driveway area is the [laughter] the properties continue on with the road. Anyway, there's a road system that's internal to all those properties because of they're all the same. They're all the same for security purposes. Yeah. This is the driveway there. Yeah. And then it continues on. Exactly. So, who is the adjoining neighbor to the pool? The area of the pool and the expansion of the house. Who is that? Which is that property?

It's all Ralph. Yeah, it's the it's the clients. It's the client. Yeah, it's another LLC in the client. So, okay. So the uh the concern about noise or anything is uh some of which is expressed in in the letter screening and 5 foot uh noise impacts uh does not impact any neighbor because the neighbor is a property owned by the the applicant. You sell the property. Yep. You become the seller of the property. You're you're you're pushing the proximity to the property line onto the buyer who will be fully aware. fully environment the structure will exist at

I've got to ask was there any discussion ever of ch doing a proper uh just sliding the property line well I you know that's just another another step with the uh a different board and there really was no need for it because of the commonality and and it just would be um I just we didn't think about it because we didn't think it would be necessary given the but what what I did take a look at though with regard to Mr. new houses letter and and I wish um uh I had alerted some of my teenage and soon to be teenage grandchildren because I I'm quite impressed with myself uh if I might Google that.

Yeah, you normally don't mention that but I use AI today for the first time.

Oh, there you go. And and what I did all on my own, Sarah didn't even help me, which normally is the case with technology, is I asked the what is the distance as the crow flies between 19 Barry Court where Mr. New House lives and 180 Girdle Ridge Road in Kona? And the answer is.7 or8 ten of a mile. So quite a quite a long distance. And as far as I brought along too copy from Google Maps and I can point out to you where Mr. um new house's house is.

As we learned today, anybody can come and [laughter] it's really is one of the great uh quite quite the miracle. So well you do remember I mean Mr. New house was in opposition to the gate that was remember that quite well and and also then the next gate down as well. So exactly we had our Phil of gates and I'll tell you so I mean I well except when he does a gate the gate looked like it had been there for a hundred years. We're not [laughter] opposed to it. He just wanted to alert us to it's Do you have another Google pictures? Uh picture you can see the long driveway is 180 and uh Okay. The these are the internal uh rooms. No, this is Google Maps. This is But these roadways.

You did this yourself, Mr. I did this myself as well. Now I'm gonna have to learn. [laughter] I even did the copies. It's You're scary. So, what we're saying when this gentleman raises noise, etc. I don't believe this particular client is inclined to make a lot of noise. So, do you see where we are here? It's a swimming pool, but I think this is no different than Yeah, that's what I'm saying. In other words, he's not in proximity to hear any noise or activity at the swimming pool. And to the best of my recollection, Western civilization did not come to the end uh when the with the construction of the gates. So, we will make Mr. New House's letter part of the record. However,

so I do have a serious question which is um um we've had a situation uh in the past where a long garage addition was proposed like that and and what we were concerned about and that really pushed it up to like 5T and there was no way of accessing around the other side but that's not an issue here right if if a e vehicle or somebody had to get around the other side of the the house that I see in the event that there's a property line a prop a real property line. Right. There. That's passable. That's all passable. There's pads there. Yes. Does it show the distance between the property line and the the the north side of the house? 11.88 ft.

Yeah. Between the uh the end of the garage, the property line and and the other side. Is there a fence on that property line at that location? Well, what you're what you're what you're missing is there's a driveway that comes right off the the No, no. I'm just thinking in case a fire truck has to get back there. The trucks are 13 ft wide. I don't want them taking down a fence. Well, that's why but there's still but there's still an east and a west there's still an east and a west side that the equipment the driveway continues on. Right. So there's a I'm just get at it from the back side. I'm think you know I'm thinking as a chief might think Mr. policy and I just wanted to make sure that everybody could be safe. The chief might be impressed with my

Well, he's certainly going to be impressed with what you've learned on AI. This plan does show the location of the existing post office. Oh, gotcha. Okay. One of the the uh questions, Mr. I think the final point I'll address in his letter is the segmentation charge that what I said six or eight years ago about the there might be a house reconstructed or added a year someday it came true but that's hardly segmentation the gates and the new house don't have any connection to each other really from a secret standpoint there's no segmentation

while you're addressing uh issues what is the uh what is the um issue with any direct we had we had someone recently complaining about water runoff towards the reservoir. Now what is the geology factor there that you know the the slopes or how steep they are? Is there any there's no there's no steep slope disturbance and I heard you say that you were hooking something back up. There's a underground infiltration system right now here that we're reconnecting to where is the reservoir from here Google wise it's that way. You have to ask the AI expert. It's not [laughter] It keeps going. It keeps going that way. Yeah. It's It's a way on your phone.

It's a way. We all do. It's a way. I think it goes away from the reservoir, right? Yeah. Yeah. It's it's a distance and obviously a lot of wetlands. So, fortunately there two of the property is wetland and no wetland buffer disturbance. Okay. Uh, is there anyone that wanted to speak on this application that's in the audience that's not Tom O'Brien or on the Zoom call? I do have somebody. If you're on the Zoom call, could you raise your hand so we can let you in?

What was it? It's a new house. Who Who are you letting on? Yeah. Yep. There we go. Are we letting Is it Mr. New House is speaking now? Yes. Mr. New House, you're on.

Good evening, guys. And um I I want to first wish you all a happy new year. And Mr. Hollis, I I love the beard. Nearly two thumbs up. Um the the reason I sent that letter in late this afternoon, and I apologize for that. uh have a group health insurance agency and have been swamped with open enrollment as you could imagine and I'm now just coming up for air. I didn't get an opportunity to look at the application or any information. I just literally opened the letter um from the town announcing the meeting yesterday. So, I really didn't get much of a chance to to look into it or respond otherwise I would have sooner. I want to first say um I'm not here tonight to ask for a denial of the application. And I have some more practical questions. Um, most of which are based on my prior experiences. I live at 19 Berry Court, which is directly across the street from the property. I didn't do a deep dive to figure out what the distance is, but I can assure you it's across the street from my back of my property. So, it's it's not a tremendous distance. And I openly acknowledge that the distance from the back of my property to the side of the pool uh pool house and the home are are such that I do not anticipate any kind of noise or light or other issues for me or or any other immediate neighbor uh either either for our neighborhood on Berry Court or for any of the family members of Mr. Lauren. And I'm I'm certain with the people that he's using and based on what we've seen in the past, it'll be tastefully done and an asset to the neighborhood as a whole. The the primary concern I have stems from a variance that was given many years ago to an immediate neighbor for a tennis court that also encroached on their sideline. And while I do not anticipate that the uh the family is

going to be divesting themselves of their properties, the decisions made by the ZBA do run with the land as I understand it. They don't run with the property owners. And if for some reason or any reason there there is a sale of a property, which is not anticipated by this board in the future, I don't know what the repercussions could be for any future neighbor. It's the only reason I bring it up. A couple of points I do want to make. Um, number one is because the the owner manager of this these two properties um may also own other properties along uh both Gle Ridge Pond and Upper Hook Road. And because as um Mr. Hollis pointed out the there have been a half dozen additional variances for this property in particular. It it kind of makes me wonder at what point does it reach a level where maybe it's not in the interests of the neighbors or the community. I don't know the answer, but I I am concerned about it because I've experienced some of these variances in my immediate neighborhood on a one-off basis. None of them have particularly been harmful to me personally. On a cumulative basis, they are adding up and I've seen no less than a half dozen homes be constructed and reconstructed immediately around me. I have no reason to suspect that's going to continue, but we don't know what the future holds. Um, I do have a question with regard to the landscaping plan.

There is a landscaping plan. I'm sure there is and and I'm sure there'll be plenty of it. But when I'm looking at the the um the rendering that was provided with the application, it doesn't show anything behind the pool or the pool house between them and the and the property line. I don't know the extent to which you're able to do anything or if that can be done. I don't know whether or not moving the property line is is feasible or necessary. But the one thing I will point out is it appears there's a breezeway between the house and the garage. Um maybe 20 ft or so. And in my mind, it kind of begs the question, is there any way or is there literally no way to construct this home, pool, and pool house in a way that it's a little more um zone friendly, I guess, is is how I would put it because again, it it's it's not going to impact me personally. Certainly, not at this time, but I don't know what the future holds. I'm I'm fortunately a little bit younger uh than than the owner and hopefully I'll be around for for quite a while and I just want to make sure that what this board is deciding is not going to have an adverse impact down the road that we cannot foresee either on the neighborhood or on the community. So I again I I apologize for the short notice on getting the letter in. Yeah,

I am not looking to to seek a denial of this application. I want to be clear about that and I appreciate your your help and guidance on this matter. Uh some of this is more a philosophical zoning discussion which is really not that relevant. But I I can say uh that the granting of these variances has nothing to do with anyone else in the neighborhood who might come by and request the same thing unless they have an identical fact pattern that the neighboring property owner uh LLC or individual uh is you know of the same family. You the this family [clears throat] is generational on this property. So while you know all of us have you know we we're we're uh we don't have indefinite period of time to live but we we don't make zoning decisions based upon God's will for each of us. So um that's an important point to keep in mind and I and I don't think that these or um if you apply the criteria there is really no other based on what Yan and I have explained it's here because it needs to be here because of the conservation easement in which conservation area we are not allowed to do much in the way of screening by the way you know what we anything that goes in there has to be of the same nature of a replacement of what's there we we can't turn that into Augustine national for example um and the uh as I said the the presidential effect of the granting of these variants doesn't mean that somebody living next to you uh Mr. new house would be able to get a variance of the same magnitude uh just because uh every case is is different and I I think I mentioned I don't know if you heard it about the segmentation that the the gates had nothing to do with this house and so there's hardly a segmentation prohibition as secret frowns upon.

Thank you. Was there any other uh put somebody else on the zoom call? Yeah, I I had one last question if if I could sure if you wouldn't mind. Is is there any submission documentation with regard to where these easement areas are and and the wetlands because they're not on the they're not on the architectural rendering that was submitted. Uh yeah, we're we're looking at one that has the e the easement area and the wetlands all designated on them and that's part of the submission. What's on the board as part of the submission? um not posted on the uh that was not on Peter. Is it possible to to take the camera and put it on the uh the um

Is this drawing, right? The wetlands drawn. Yeah. But is that is yours colored? His ear is not colored. His is colored. Yeah. There you go. There you Jim, can you see that? If you can make it just a little bit better because I see I see the If you can just zoom in a little bit more, Peter. No, you know what it is on the on the uh on the website. That pretty pink doesn't show up. Yeah, exactly. Can you see the pink um on the Zoom call? I can't see the pink. So, the pink is the wetland. The pink is the wetlands. This is And there's no Okay. And the easement is where

it it's that whole front section on Girdle Ridge Road. That's 11.1 acres. So the area behind the home and to the right side of the home and driveway, there's no easement impacting that area. And there's also no wetland impacting that area. There is there is the easement to the right of the driveway. Yeah. Show that where the dividing line is for the easement. All this is Yeah. So the front yard has the easement. I'm saying that the the rear portion of the property where the home is sided and beyond. There's there's nothing in that area. There is. There's septic. There's septic in there. If Yan, you want to point out, we did this before on the direct pres.

They're changing the current septic. Now I see it. So So really the only way that you could reduce this in a in a way that might be acceptable would be to eliminate the breezeway between the house and the garage. Is that correct? There's really nothing else you could do. There's nothing else we could do. And and feasibility under the cases I cite in my letter has to deal what's feasible for the applicant, not feasibility in a general sense. If you understand if you eliminated the breezeway, this is the setback line. It would not avoid the variance. It would reduce the variance. It would reduce the variance but not eliminate it. Correct. Correct.

Oh, I see. I see what he's saying. If you take away the breezeway, you move the building. Yeah. Okay. you know, if you if if you can if you can minimize the impact by 20 feet, then it doesn't say how many feet it is. I'm just saying, you know, it's it's 20 feet is 20 feet.

Well, there there's not there's not a reason to do that. I mean it's not the design that the client has come up with and his development team their development team rather has come up with this plan as a feasible way to demolish the existing house create a country house in the same genre as what's being demolished having it a little bigger a little more modern and have the amenities uh of the pool and the pool house that most properties of 17 acres have on them in Bedford. uh in your neighborhood and elsewhere. So, the feasibility, we're not going to redesign this property because something could potentially go somewhere else. We've explained the reasons why they can't go there or we don't want them there and therefore we're requesting that the plan as proposed be the one that be approved.

No, I understand and respect that. My only other question is does the existing house have a braceway between the home and garage? I don't believe it does. Oh, okay. I can't see the existing. Um, hi. Hi. This is Aram Jabaru with the architecture team. If I could chime in. Sure.

Um, good evening. Um, so the existing house does not have a breezeway, but um, the reason why we're going through this renovation process is that it doesn't quite respond to the needs of the family. U, hence why we're enlarging the garage. Um and the breezeway is an important architectural feature and it creates a circulation uh like an easy access from the front of the property to the pool style. So um it it's it's an important architectural feature um that also responds to the needs of the family. And that breezeway is going to be open or it's going to be No, it's it's it's an enclosed space. It's basically um an entry foyer. Okay. But if it's a closed but if it's a closed space

Yes. It's programmed. It's it's a feature. It's programmed. It's a program practical space. I understand. It's an optional feature. It's this function. I wouldn't call it an optional feature. Um it it is part of the design. Yeah. And its function is a in addition to design. Correct. Yes. Correct. It's also serving as a mudroom. Okay. Thank you. Thank you, Mr. New House. Thank you for clar was there anybody else that wanted wanted to speak on this that had their hand up? No. No. Okay. Can I have a motion to close the public hearing?

I just have one question. Under your application earlier when I reviewed it, the building coverage was 1.79% and the impervious 5.56. But somewhere along the line on one of the other forms, I got 1.94% and 5.57%. In one of the other sections. So this one's not a good answer. Is that that we have the the ladder the 1.94 to 5.57. That's your maximum total building coverage. Oh, okay. The form itself says 1.79 5.56. So you're saying it's 1.94? Yeah, it's in your five. Okay. On this form. Is this neat

on the form? Yeah. Yeah. Yeah. We read the question. Okay. So this this form is got the wrong info on it. Okay. How old is the house? Just a question. The existing How old is the existing house? How old is the existing house? Aaron, do you know when it was built? I might be wrong. I could double check, but I think it was built in the 80s. Oh, in the 80s. Yeah, that sounds right. Let me double check that. It has that 80s look. Yeah. Yeah. Okay. Thank you. Exactly. Great era. Can I have a motion to close the public hearing? So move. All those in favor? I

public hearing is closed. Any more discussion, questions? And and just by the way, as I understand it, your client has a his cars generally kept off site. The cars are kept and are brought and are brought to him on an as needed basis. So we don't have to worry about all these cars being no private cars being stored on the location. Correct, mister? any the car collection is kept someplace else. Thank you. You have a question? No, I mean look observation.

I mean you made the point that that's the way it should be because there is restrictions but you also follow up by saying well that's the way we want it. It's the ladder because most of this is being pushed up to the property line because you can. And so do do I like it from from an isolated property point of view? No, because I think it's just as easy to get it off the line. But in this particular case, you're surrounded by so much land. Uh that's exactly my point. you know, I wouldn't get these approvals if I were just doing this for a property owner that didn't own the next lot, right? So,

it would it wouldn't be presumably if there was a problem later on with selling just hypothetically selling the property at that point, you could change the property line and make it the correct distance because there's on the other side of where that line is, there's no immediate house right there. It's just land, right? So, there's no harm, no foul. Nobody can see it from the the house at 100. What there? It's 148. And whoever is going to buy it is going to do their own diligent due diligence and know that there is a piece of property there. And one would think that the purchase price would reflect that potential uh neighborhood uh neighbor uh situation being that close to the property,

right? The the person that would buy the the uh large the 100-148 lot is not going to be worried about that boundary line. I wouldn't think. Yeah. Do do I think it's wise? No. But I don't No. And if if necessary, then discussion would happen among the owners of the different LLC's at that time. And a simple lot line change could be affected if it became an issue, which I I don't think it will be, but I'm not infallible. It's it's it's [laughter] another bulletin. It's a paper line. Uh not not I would never really you would never feel it on the property itself. Well, right. You don't I agree.

You want to make a motion? Sure.

We'll move to um approve the variance requested for 180 girdle bridge. Um, in particular, the board found that the benefit to the applicant by granting the variance outweighs any alleged detriment to the community in determining the following benefits sought by the applicant, although could be achieved by other means. Um, this is the desire of the applicant to um on the and placed this this way on the entire property. Um, there will be no undesirable change to the neighbor or detriment to the nearby properties. as it is all one sort of communal property. The variance requested is is is substantial and on the individual evaluation of the property but not in the overall scheme of the application. The variance requested will not result in any adverse physical or environmental effect on the neighborhood or community and the alleged difficulty although is self-created but that is not not that is only one of the factors to be concerned considered by the board in making the decision and it's not determined. Approval of the proposed variance would be subject to the following conditions. the applicants to use the best effort to ensure that the building permit is issued within one year of the board's approval of this variance and then diligently pursue such construction to completion. The applicants also submit a certified asbuilt survey including building and impervious coverage calculation to the building department prior to the issuance of certificate of occupancy variances granted in according with plans submitted to the board dated

uh November 15th, 2025. two pages received December 4th along with a site improvement plan dated December 3rd, 2025. Thank you. Yes, those are them. With no landscaping plan. No landscaping plan as yet. It's still being worked on. Okay. So, you I'll second it. Oh, say Oh. Oh, that's what you were saying. [laughter] I'm sorry. Yes, I'll second it. Mr. Stern, yes. Miss Lee, yes. Mr. Van Lren, yes. Mr. Male, yes. You got it. Thank you all. Thank you.

Okay, I'm going to take a 4m minute break. Mr. Hollis, my question is is since this property is owned by an LLC, does that mean that there's a business being conducted on my property? Yeah, I've [laughter] got the tax return. I was I was just curious. Oh, you're so silly. If anybody would know the answer, Mr. Hollerman, norally those wild and woolly ones I'm stuck with, but you you you've now incentivized me to learn AI. Well, I went to a

Interestingly, you'll appreciate this as an attorney. [laughter] Most of the attorneys now have, excuse me, judges have in their court rules that if an expert witness uses AI and preparing a report, they have to disclose it. Really? Yeah. That you know this report uh an architectural evaluation of something was prepared by Roger Van Lever and did not Roger Van Lever did not use AI in his uh development because you can't what if you did you can't cross-examine the AI. That's the reason. Oh, I see. Okay. Right. So that becomes a very important new question during cross examination.

Where did you get where did you get the information from? Who prepared? Absolutely. Somebody in your office or did you use an outside source? Absolutely. Sar and I had this conversation about you know um we just ran you can run a a search for uh other uh cases like yours. Yeah. with for the if you if you have a closed AI I learned this closed AI is safer because it's a limited universe of people contributing to it other lawyers just use a law and order case and say oh this is good law this there was a case until until the judge runs it and then you get sanctioned the case yeah several cases yeah the judge say

30 years there'll be some robot here doing my job so never as good as you Mr. Halls start reading. Sure. Yes.

Start reading. Kirko Operating Company LLC is seeking a variance of article 11 section 125-120B1 and four of the zoning ordinance for 748 Bedford Road designated [clears throat] as SPL71.12-2-12 to permit the installation of eight additional signs where one sign already exists and where a total of two signs is permitted in the roadside business zoning district and where five vinyl window signs result in the following Window coverage. Sign 1 20%, Sign 2 19.70%. Sign 3 20%, Sign 4 10%, Sign 5 11%, Sign 6, which is the store hours at 4.50% and sign 8 at .007% of its respective window where the aggregate area does not exceed 20% of the glass area of the window and where the flat wall sign is 28.44 44 square ft and contains 16in lettering where a height of 12 in is the maximum if a fixed less than 100 ft from the center of the line of the nearest road in the roadside business zoning district.

Hello. Good evening. Good evening. Good evening.

Good evening. Um my name is Christine Fischer. I am a new business owner um for a new store in Bedford Hills called Bricks and Minifigs. Um, and I understand and respect the intent of the sign code, and I am here to request a modest variance that supports visibility, wayfinding, and consistency with the surrounding businesses. Regarding the exterior sign, I understand that because my storefront is within 100 ft of the road, the code allows 12-in lettering. However, given the scale of the existing sign cabinet, which is 21 in tall, 12-in lettering appears undersized and visually disproportionate. So this affects both legibility and overall balance. So my request for 16inch letters is about proper scale and readability, not about increasing visual prominence. Um there are multiple businesses nearby whose primary exterior lettering exceeds 12 in. And this request would be consistent with the established visual environment along the the business corridor. And then with respect to the window decals, I'm requesting approval for transparent non-illuminated static vinyl decals applied to the interior of the storefront windows. Um, these decals allow light and visibility into the store and do not extend beyond the window frames. Their purpose is branding and identification, not promotion. There are no sale messages, no changing content, no advertising language. Um, as part of the bricks and minifigs franchise, these decals are required under corporate brand standards to maintain consistency across all locations and comply with LEGO brand guidelines. The five decals are distributed across multiple window panes rather than concentrated in just one area, which creates balance and avoids digital density. In comparison, several immediate neighboring businesses already have larger, opaque, and promotional window signage. Um, considering the existing signage in the area, I believe this request fits comfortably within the character of the corridor. I'm committed to being a responsible long-term business owner in the community and I'm happy to work with the board on the placement materials or any other

reasonable conditions. Um, and so I respectfully ask for your approval. Thank you. Thanks, Christine. Um, I'm looking at your, you know, your application here. I have no problem with the, um, sign over the door, the And if that's 16 in, you're right. It looks like it fits in appropriately to the 16 in. I don't have a problem with that one. Thank you.

Um and I don't have a problem with the store hour sign. Uh that probably makes worthwhile so that people can see from the street as they're driving when if you're open or closed, that kind of thing. Um I am asking the town to get the I don't know whether we do it as a meeting here or we do it as a separate meeting but I wanted the um I'm asking the town uh the business association the Bedford Hills business association

to convene um to discuss the sign to discuss signs in the commercial district along 117 because you're You're absolutely right. When uh when going and look when I saw your application, I just saw how many you were asking for. So, I went out and looked at it and I know the others have too. I mean, you've got Napa right to the next of you that, you know, they have eight stickons in their windows. Um you go down, the smoke shops got practically no window anymore.

Um the the spa has now they're trying photographs with things that say facial underneath them. the new athletic facility next to the restaurant has big burly guys with weights on their hands. And so there's a big discussion that needs to happen about what signs are here because all of those buildings, as far as I'm concerned, are in violation of our sign code. And I don't want to I don't want our enforcement officer to go out and literally cite everybody, right? Um, so I'd like to get some kind of a consensus. Again, when I see what you want, which is just your, you know, is your is your figures. Again, it's it's not what it is. It's just it's then we need to figure out because otherwise more windows will be filled up. Um, that that already aren't filled up yet. But I mean, everybody I mean, you're not right not to ask for it. I just would say that what I think I'm comfortable with if the board wants to do it is to approve the two that you need right now and then hold on the on the on the window signs until we can figure out how the business association how they want the general look of that 117 corridor to be. We have a we had the same issue that we have left unresolved at the moment on the Parkway where another uh athletic store opened up um or a gym opened up and they have literally everything that they do in their curls whatever they do in is all on their windows and

right in the firehouse building.

Yeah. We've asked them not to do it. Well, the firehouse in downtown Katona, we limited to the one hanging sign because um they unfortunately got they had to keep the old firehouse sign because it was part of the history of it. But I'm talking about just Bedford Hills because it's just the Bedford Hills area that right now needs to have some kind of consistency. And I don't want to approve your all of the ones for your window and then have the people who don't have their windows filled up like the Bedford lighting place next to you all of a sudden decide well now we need to go in that direction too. If the ultimate decision amongst a meeting of the businesses is that this is what we want to do then then maybe we can consider ch consider changing the the code to reflect that you know change and let it move forward from there. So I I'm what I guess I'm asking for is just to say we want to I'd like to approve the two that would get you there to start it because it's a new business.

Sure. And then just just put on pause the rest of your request for another application. In other words, which two are you saying yes to? Well, the big one across I mean you would tell me that. But I'm thinking the big one across the top is your main one and then your store hours one. Is there another one that you particularly think we should have? You should have. the store hours is actually an insert. It's not actually like the store hours. So, um do you want the Lego? I I I mean the the my bricks and minig logo and the Lego logo. Yes. Okay. Um and I'm I'm very sad to hear that my my mini figs which are under the 20% variance that's needed in the windows is not going to be approved. And well, I'm just saying we put that on pause.

On pause. Yes. Yeah. I'm not saying it goes away. No, no, no. I I I understand that. We can revisit that. Um just not sure how long. I was just going to say we don't we your me you're you're in the Bedford business. So you you should be an influence in the discussion. Try to speed it along you know get them moving because you don't want it to go on. You know we've let the people hang things like back in the like you know tell you I I understand you want because those are strip stores that are so far set back. You want you I drove by as well and you want your your store to be more prominent. store. Right. Right. And there is some things in front that it's kind of hard to see through my window. So, having more visual

I don't know is it you have a a pretty good setback from the road to the store. Can you put I don't know if it's legal, but it put a little stand there that would catch your eye as you're driving by. You have a there is a monument out front. There's a pylons. Yes. Yeah. In front that that will have also your your store on it. Yes. You have to have something that catches the eye as people drive by. Right. So, she has that. Yeah. That is going to help. I think too that will help definitely. But part of the also the mini figs in the windows is also part of the standard for the franchise. And that is in order for me to keep in good standing with the franchise. I have to have those

in in the in my storefront along with the Lego sign and along with my my logo. So, I risk being um non-compliant with my franchise, which is then a a larger problem that I'm not entirely sure what the repercussions would be, but I I don't want to I don't want to go down that route signs that are the sticker the the stickers. Yeah. And and they're under 20 the under the 20% variance. They're they're transparent. They're on the inside of the window. There's no promotion whatsoever. It's just And there has to be one of each to show. Yeah, that in in the wind in the window.

But you see this is right next is right next to her. This is the auto part. Yeah. And I have they have all those white much larger much larger translucent, right? They they never came before the board to get permission and then they expanded what they did. I I know that happened. Yeah. I'll get out there. And then you've got uh what the one that's really incredible. Here's the the Shangrila Spa. I mean, I've seen that [laughter] one, right? I mean, I mean, I'm a new business in the area. I [laughter] am bringing a lot of people. Look at here's the sports fitness one. There's I mean, the windows are all people working out like they're like they're [laughter] right there. [gasps and sighs]

It's really something. I mean, it's, you know, I don't know what to do. I'm not trying to pick on you. No, I understand. And I know I know two wrongs don't make a right and every there are people who have been grandfathered, but that just hurts the new businesses that Nobody's been grandfathered. Well, then they're just not as grandfathered. They just haven't been served. Yeah. Right. So now I don't want to be the bad guy. Now that then we're not being the bad guy. We just need to get some consistency and and and and um so that's why I'm saying if we can convene this, you know, with your help to get the business association people including Jen Jen W. I know.

We had to get her involved. Um, I mean, I had this conversation with the town supervisor already because they would like some and you know, even if it means changing the ordinance uh for Bedford Hills, the sign ordinance um that it's the application is in process and uh try to get the group to expedite. Yeah, we can try to try to pull them together the next month. Oh, yeah. This can't be the only How many I mean there are a lot of businesses on that store. Oh, there are a ton of them. I mean every single auto body one has one and you know right so it just it doesn't seem like anybody's listen you know a mess and that's what everybody agrees it looks like

yeah sloppy flag I feel like mine are going to be very tasteful so even like they are very tasteful actually I like sideways and you know they're always something else [laughter] although you will get people who say if they say that they don't want to take their existing signs down we have to tell them they are in violation right So they can argue and say well we don't honor our signs down but they are in violation right now. So they face either get get with the program or Yeah. Right. Exactly. Exactly.

Thank you for starting a new business in Bedford Hills. But as the chair of the Bedford Hills committee that did the planning for the comprehensive plan, we pointed out to the town that Bedford Hills has the largest percentage of businesses in the in the entire uh town between 117 and all the way up Adam Street and all the others. It's the largest commercial contribution to the uh the town of Peter. So we totally want that to be perfect for all of you. Uh, excuse me. Is there anybody that wanted to speak on this application on the Zoom call? Is everybody on the Zoom call? There is nobody on the Zoom call. Okay. I have a motion to close the public hearing. I will make it.

All those in favor? I public hearing closed. Um, can we u any more discussion or can we go ahead and approve the the main sign at 16 at 16 in her store hour and the and the Lego sign? Can we go ahead and approve those? Absolutely. Yeah. the Lego sign and this and and my and my logo versus is your logo the one that says bricks. Yeah, the the top one. But then for on my on my door the on the door that says bricks. Um number five and number four. Number five, number four and then the and then the one along the top and number seven. Okay.

And is that number? Yes, number seven. Exactly. So I'll make a motion that we approve number four, five, and seven. Um doing so and then and and then put on pause the other ones. I'd like to use the word pause so that you already have it. It's not a no. It's just a pause. No additional application needed. We're sticking with your current application until we have that discussion as a with a general everybody else. Then we'll get cited and they'll blame you and that's just spearheaded by the the Yeah. by the building by the business association. Okay. And they're aware of that or should I now? No, we need to we're going to have to make them aware of it. Okay. Yeah. Exactly. I was taking

Al really wants to send someone out there and ticket everybody. So that that doesn't sound like it's gonna everyone's going to take that nicely. So, and then we have the aquarium place. It's got the big coral scene. Oh my god. Anyway, um doing it approving these, you know, will not change the uh character of the neighborhood. It's new new business. These are needed for at least the minimum. Oh, plus you'll have also the sign that's on the uh line on the pylon which was separate because there was no I didn't need to seek a variance for those.

Gotcha. Uh variance request is not substantial in this particular case. The additional stuff would make it more so, but that they're on pause. The variance request will not result in an adverse physical environmental effect on the neighborhood or community. Um while it's this is a self-created hardship there. Um it's just one of the factors to be considered and it's not determined at that. um uh appro with approval um you would have to um get a building permit or a signed permit issued within one year and then you know get get that installed as soon as possible. Um and then at that point um we would need a um certified asbuilt survey for signage.

No, just signage. No, you don't get that. Exactly. Um, and they're the the variance is is granted in accordance with the plans that you've submitted dated July 16th, 2025 and October 28th, 2025. Thank you. Thank you so much. No, wait. I'm sorry. Who need a second, please? Second. Okay. Thank you, Mr. Stern. Yes. Miss Lee. Yes. Mr. Van Lover. Yes. Mr. McCallis. Yes. We've got those. Sorry you had to sit through the entire It doesn't go like this every Thank you so much. Have a good night. The trials of a new business. Yeah.

So, which ones will you approve? We approved five, four, five, and seven. Four, five, and seven. Four, five, and seven. Great. Thank you. All right. The next one, our last one. Al, are you leaving? [laughter]

Laura Stor and Janant Worborg Worsborg are seeking a variance of article 5 section 12550 uh for 2005 MLAN Street SPL72.13-1-16 in the residential 2acre zoning district to permit an addition to an pre-existing legal shed and construction of a pool spa and pool house where the ground floor area of the pool house results in 1,634.07 square ft where an accessory structure should not exceed.5% or 702 ft of the area of the 140,397 square ft lot in the residential 2acre zoning district and where the pool house bill code doors result in a sideyard setback of 4.44 44 ft where 40 ft is required in the residential 2acre zoning district and where the pool results in a sideyard setback of 31.73 ft where 40 ft is required and where the spa results in a sideyard setback of 21.35 ft where 40 ft is required and where the addition to the shed results in a sideyard setback of 19.23 ft where 40 ft is required in the residential 2acre zoning district. Wow.

I'm done. Good evening. I'm Tom O'Brien, O'Brien Architecture. I'm here with Yanu Hansen from KSCJ. I thought Architecture going down the We're all practicing that. Um Laura Stark and Indigo Rborg are traveling right now. Couldn't make it tonight. Um and I think we'll start with uh Yan could give you the overview of the site plan and he'll and then I'll get into the architecture that the exist existing initials. That's just together. That's what's there now. This is what's here now.

3.2 acre site, 205 in the plain street, the 2acre zoning district. It is in the uh the existing home is in the on the local historic registry.

Okay. Uh this has home has some permitting history. Um put an addition on onto the house approximately five years ago. Restored this pond. Uh they renovated the cottage. Uh redid the driveway. So it's been before several boards over the years. Um they they kind of stopped here the renovations of the property. And now they're looking to uh renovate this barn, replace this barn with a smaller barn, which will be a pool house, construct the pool, spa, and some bike storage. You didn't you didn't put the airirstream on there.

Airirstream. [laughter] Yeah. Oh, the airirstream's got to go for the pool. Oh, the airirstream's going to go. I don't know if it's going to go somewhere else on the property, but it's got They have a lot They have a lot of room on the property. You can't live in the airream on the property. Oh, I know that. Yeah. only Lucille Ball can. [laughter] So, um the long lawn trailer

Howard showing his age, the the existing barn uh is a foot away from the property. Um what we're proposing is to demolish this barn uh and construct we're calling it a wellness barn or pool house and an inground We're uh we're limited uh in location of the pool because of the septic system. The septic system is right here where it says gone and there's a 35 ft setback from the edge of the septic system to the similar to what we just heard with the other one.

So this pool is on the 35 foot setback. Okay. And you could tell it's a it's a modestized pool. Um, for that reason, uh, the we're bringing the the existing barn's being demolished. This is a new construction. It's pulled further away from the property line. The closest point is 4.44 ft. Uh, it goes to 9.88 ft. So, we tried our best to make that more uh compliant. Um but it it kind of is a little bit of a tricky area when all these setbacks are coming into play. Um there's a this is a reduced footprint of um 932 ft. It's 498 square ft smaller than we expected. The height of the uh the barn is being reduced as well.

Can we get some plantings behind that? I think so. Yeah, I think within this triangle uh certainly being planted and we have no letters from any neighbor pro or Well, we do from that neighbor that looks right at that would like some screening. It just came. Uh do you have the wetland delineation on this? I see. Do you have the pond? Do you have the the It's It's faint. Oh, okay. I didn't see it, but I delineated the wetland. [snorts] The pond the buffer is the buffer channel and then it it opens up. The wetland opens up in the back. This is the buffer on this side of the property. This is the buffer over here. So, all of our proposed improvements are outside the wetland buffer.

Okay. So, similar to what we just So, the the wetlands are protected. What stream is that? What is that? It goes into It just says stream. Yeah, it just says stream. It's like intermittent. Oh, okay. You could step across. So, you have limitations on where on where you're sighting your facilities. And then out in that field there was a garden structure with trelluses, right? Yep. That's here. That's right. Okay. Yeah. So, that's stain.

This is a one-bedroom cottage. existing septic that serves the cottage and the there's a there's a bathroom in this uh in the existing barn. They both go to this septic system here. Separate septic for the house. Uh so that septic would remain and retire. Yeah, it there were a lot of structures in this area. So I'm glad to hear the barn is going to be taken down and the new construction will substitute there because there were a lot of buildings. Yeah, I think it'll be architecturally right nicer. Yeah, you look like a little c a cottage community there. What I was

So, the uh the variance for the barn is 4.44 ft to the property line. The pool itself is 31.73. The spa is uh 31.35. Uh the bike storage, which is in addition to this existing shed, is 19.23. That's where the the Tesla charger is, right? Yeah, it's on the same on the other side of the building. It's on the other side of the building. Yeah. So

we're also seeking the variance for the uh footprint of an accessory structures not to exceed a half percent half a percent of this light area brings you to 702 square ft and we're at 1634 that's an increase of 30 932. Could you specify I I know it's a very narrow driveway and entrance and I went in and I backed up and did are you renovating any of the parking areas like there's only one car that will go back there for the cottage, right? This um we actually we were actually the sight distance out of this driveway if you pulled that is not great. Yeah.

Uh the driveway used to be here. We got a permit uh from Kevin Wind and we we moved it as far as we can to increase the sight distance. Uh we did that the last renovation. Uh this is an existing gravel drive and there's a motor here and that's that's where it ends. This will be a long way. So there were a lot of cars. I mean when I I I went back there must have been four cars parked in there and then there were two parked up by saying just turning around and all that. It was it was so You don't have to do that. Oh, I did that. I was [laughter] I was already in there. That's why I There was one car by the house when you came in. There was the Tesla parking and then there were two back there and then the

It's not a great turnaround. That's what I'm saying. I went I went today and there was um there I think there were two there's a van a word truck maybe that was right now this the existing condition um from this court to the existing barn is all gravel that's actually getting removed and we're just going to have these balls and landscape

looks so much like the Ralph Lauren one you see like you got you're getting a twofer They're kind of the same. Prop [laughter] property line, building pool. Yeah, pretty. So, I didn't I didn't look at the letter and our land coverage and building coverages. No, the letter just simply asked um they were not against it. They just wanted to some screening put up um and I think this between you putting up screening behind the barn and and of and no windows are going out in that direction, I'm assuming. Yeah, that that would be helpful. [clears throat] And then of course they have they can put up screening too on their side. Yeah.

Uh currently the the the barn is literally on the property line by a foot. We we couldn't have done any vegetation now because it's slightly angled back. Gotcha. We're able to it gives us a little bit of a buffer now to put that and we're we're absolutely fine with putting that vegetation. Uh the pink on here is the existing one. Gotcha. Pink. We just gave did that to give a visual on the the structure that's there and that we're tightening it up a bit. Okay. How did you land on this this setback? Say it. How did you land on this setback now? Which the uh what what you're proposing that setback. How did you land on that? I mean,

well, we were working around the the pool by its nature of needing to be away from the uh 35 ft from the septic from the septic. We we kind of formed and then formed the building around that. Oh, the septic is in the septic's in the lawn. So that that Yes. That pool is set 35 ft from there. Yeah. Yeah. No, I I get it now. When you say you rehab the pond, what what did you do with the pond? Uh dredge it or something? We actually did directly the opposite. It was I started working with Laura. She had no kids. I think she has spots now. Oh, more cars. Go look ahead. More cars

on. She was very concerned. She knew she was having children. She was concerned about the kids getting into the pond, you know, having a problem. So, we went to the weather control commission and actually found approval to make it more of a wetland than a pond. Uh so that it wouldn't be it was shallow water. Okay. So, uh we did extensive rehab on that and really created a marsh. Uh it's a pond now. It's kind because when I when I went out and and it was covered in snow, it was flat as a pancake. Yeah, it would be probably uh there is some water, but it's shouldn't be more than 16 in. Gotcha. Oh, I see. Okay. And that was approved by them. Yeah. So that's good. That's kind of cool actually.

Did this whole channel restoration? I mean, in a way, a wetland is more value environmentally than a pond. That was the big creating habitat. place, right?

Um there since there's nobody here, nobody's on the on the Zoom anymore. Okay. Can I have a motion to close the public hearing? So move. All those in favor? Yes. Public hearing is closed. Anybody else have any

issues? No. You want to make that motion? retired. The town of Bedford zoning board of appeals has reviewed the application for um 205 MLAN Street, Bedford Corners, and uh has determined that in particular this board found that the benefit to the applicant by granting the variance requested outweighs any alleged detriment to the community and determine the following. One, the benefits off by the applicant cannot be achieved by another means feasible to the applicant and specifically that the property is limited by a a large wetland and also by the locations of septic and other other utilities that that pre-exist and must be located a certain distance from any structures. There will be no undesirable change to the character of the neighborhood or detriment to the nearby properties. In addition, the applicant has agreed to install some buffers uh uh along the fence line to the neighbor next door adjacent to the pool

north side on the north side. Uh north side

uh the alleged difficulty bless you is not self-created but and is one of the factors to be considered by the board in making its decision and is not determinative. Approval of the proposed variance would be subject to the following conditions. The applicant shall use their best efforts to ensure that a building permit is issued within one year of the board's approval of this variance and then diligently pursue such construction to completion. Two, the applicant shall submit a certified asbuilt survey, including building and impervious coverage calculations to the building department prior to the issuing of a certificate of occupancy. This variance is granted in accordance with the plan submitted to the board dated

site layout plan dated December 2nd, 2025 submitted December 30th, 2025 and the pool house plans dated December 3rd, 2025 submitted December 4th, 2025. Thank you for that teamwork. My pleasure. Here we go. And the letter that we have um to add here is from the neighbor Beckham Lequ. Um not not opposed to it. Just wanted the the uh specify any type of screening.

No, just no, he just he just put he just literally showed pictures where you can see the straight in straight from his house over. So, you know, any kind of something behind there. And and from what I can see from on his land, the way he's cropped it, he he's got the um you know those large um uh column. No, no, long you know the grass that grows up. Yeah, exactly. Because it looks like they've topped them all the same, you know, which you do in the winter time. Yeah. Yeah. Is this Are we making the screening a condition? Yes. Y screening between the condition.

What's that? Do you want them at a certain height or how many or I just I think it you know there's maybe six or eight that are just spread back there. See what you did along did along the street with the evergreen. Exactly. Extensively uh Yeah, exactly. What is that? Is that a fence back there? Is that a a fence on this side? Fence there. And is that your fence or their That's their fence. Oh, I don't know. That's a good question. It looks like [laughter] a fence here. Okay. You mean the post and rail or whatever? And then you your picture you showed a view this way. There's no fence. No fence. Doesn't the pool have to have a fence? It does. It connects back to the uh to the pool house. So this is Oh, I see.

You're wrapping it into that little area? No, you're absolutely right. His their fence, as you said, is right on the property line. So it dead end the fence dead ends right into the corner of the building into the building and then picks up on the other side from the building. So you'll now have your fence would continue on and you'd have the the the the greens behind fence. Yes. Right. I would call it a continuous condition screening. Are we saying that screening of of any type would ever have evergreen the whole length of the building? Just the length of the building. Yes. Okay. Yes. Just want what we're looking at. Yeah. But I mean obviously planted in such a way that you're it's not going to kill itself. Yeah. They don't get planted so tight that they die.

Yes. Exactly. The bill's There's a limited space. There's a bilco. We go on each side of the bilco door. Yeah. Oh, there's bco door in the back there. You turn the bilco 90°. We had looked at them because you want to go straight. Exactly. Well, you also don't want plants that are going to start landing on the pool. You know, you don't want greens that are going to start landing in the pool. We'll screen that back. I think they can talk to the neighbor. They sound very They sound very okay. The trunk is on trunk is on this side. And she she met with the Yeah. Right before they went away, she went and met and I gave her, you know, a scope of work and a set of plans, which is what we should always do to, you know, be a good neighbor. So, and they were they were

You were here earlier, right? You think that will work, but not. So, don't get me. [laughter] You had a nice I will Howard second. I will second the motion. Howard Stern. Yes. Miss Lee. Yes. Mr. Love. [laughter] Yes. Mr. Mel. Yes. You got it. I thought you were going to play second that emotion. Oh, [laughter] it's a great song. He is very glad I very plans.

Oh, we can give you back some plans. It's really the pink. Sorry. It's the pink. The pink. The pink. The pink has been popular on [laughter] you with the pink works. I draw all over your plants cuz they're But also, you should know that I burn these in my wood stove. Good. And create energy. My kids draw on them. Thank you. All the plants. No, this heats my house. Can I have a motion to um close the meeting and adjourn till February 5th? Happily make a motion to close the meeting. You have a second. I will second. All those in favor will adjourn until the second. Thank you all. Thank