Zoning Board - Regular Meeting

Peter Mccis. I'm the chair of the zoning board with appeals of the town of Bedford. The other members of the board are from my far left Howard Stern, Rosemary Lee, and to my right is uh Meredith Black, and coming in now is Roger Van Lever. Also in attendance tonight are our building inspector, Al Sharco, and our office manager, Kim Kowolski. If this is your time, first time appearing before the town of the town zoning board, I'd like to briefly introduce what we do. The zoning board of appeals plays a critical role in our local government. We are 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 interests against the potential impact on the community's health, safety, and welfare. To help us better understand your neighborhood and situation, we've had the opportunity opportunity to visit your site. This is a public hearing. When your application is called, please come to the podium right there. State your name and make your brief presentation so that everyone will understand what you are requesting. We are committed to making informed, fair decisions that reflect Bedford's unique needs and values. Our decisions are not personal. In fact, they run with the land, not with the homeowner. With that said, we are going to start with um agenda item number five today um to accommodate the presenter who needs to be down in East Chester. Hold on. Hawkley Homestead LLC is seeking a variance of article 5 section 125-50 of the zoning ordinance for 699 Guard Hill Road, Bedford, New York, designated section blocking lot 84.6-1-2 6-1-2 on the town Tax Maps in the residential 2acre zoning district to permit the construction of a swimming pool and the relocation of previously approved

Buildco doors where the sideyard setback results in 12.5 ft where 40 ft is required and where the combined sideyard setback results in 14.1 ft where 80 ft is required in the residential 2acre zoning district and where the impervious surface coverage results in 14.71% % where the existing imperous surface coverage is 13.88%. and where a maximum of 14% of imperous surface coverage is permitted in the residential 2acre zone in district and where the building coverage results in 12.1% and where ver resolution 02-252 was granted on 2525 for 11.9% of building coverage where a maximum of 6% of building coverage is permitted in the residential 2acre zoning district.

Thank you. Good evening. Good evening. Uh Rick Bolander, the engineer on the project on the Hawkley Homestead project, accompanied by the owner, Mr. John Nem. Um here before you tonight, not too far removed from the last time we were here. Uh regarding the Hawkley Homestead project, uh if you recall, it's a very unique site. Um and uh a lot of, you know, historical older buildings [cough] to go through the process of legalizing those buildings. Uh we've done that. Obviously, construction has started on the addition. Um, and there's been some tweaks or, you know, requests to tweak the uh the layout uh by the owner, Mr. John Nem. Um, one of those is the relocation of the proposed Bilco doors. Um, if you recall, uh, the Billco doors were once on the um, it' be the east side of the proposed addition, but now we want to relocate those to the west side um, in what was the the former driveway area. It it just, you know, while we were doing the construction, it just fit the basement better, putting the the billco doors on that side. Um that would result in an increase on what was a variance that was already granted by this board of of 6 ft into the sideyard and then combined sideyard setback. Um and we're [clears throat] also proposing to construct um a pool. The pool's about uh 400 square feet centered in the in the um central location of the the property. Now, that the addition of the pool would bump us up over the both the coverage and the building coverage um thresholds. We didn't um [snorts] expanding on the um the impervious coverage variance that was granted previously. Uh we were just under the uh I I mixed that up. We were just under the impervious coverage. We're over the building expanding on the building now and then uh requesting a variance for the the impervious coverage.

Okay. Is there anyone in this audience or excuse me [clears throat] in the audience or on the Zoom call that wanted to ask questions or speak about this application? I'm going to keep it open for a minute. Any questions from our board? You're getting rid of the driveway on the left side. Right side on the on the west side. Correct. So, it's not the through driveway anymore. So, we're getting even getting rid of that curb cut. We had previously shown kind of a parking court area. Um, and we we just got rid of that. Didn't really fit and it was kind of unnecessary. Gotcha. Can I just speak to that? Yeah, you need to come up there. Just uh

Rob, how do we get on YouTube?

Um, hi. Uh I'm John Nem um the owner of this property and uh yes you're correct Peter and just to answer your question completely um the plan that was approved uh had us with a installing a new parking court right on Guardill Road with a second curb cut that was all approved. But on reflection, as we basically proceeded with the project, we realized that the the road would be much more beautiful if we eliminated that parking area completely and eliminated the curb cut. And instead of doing that, we're going to put in native plantings. So, um, we're doing it just to really to beautify the road and and to make make the whole thing look better. And, uh, one consequence of that is that the bill code door is no longer accessible because the parking area that you would get to that bill code door through is no longer uh, the parking area isn't there. So, moving the billco door solves the logistical problem for us. Will you uh if we pass this or give you a variance for it, we'll you'll close up the curb cut.

We'll we're going to close up the curb cut. We're going to fill it in and we're going to plant it out with native plannics. Okay, great. How many curb cuts are there now? Are there two? So, the the there are currently two curb cuts. Um it's it has been for 100 years a horseshoe shaped driveway that runs all the way through the property. And what we're doing is we're eliminating one of those curb cuts. We'll have a single entrance, a single driveway,

and the whole driveway area that was running along the west side of the property, which is where the Billco door, that'll also be eliminated. So we're getting rid of that whole driveway and instead that will also be planted out with native plantings. So, it's it it's all about making the landscape more beautiful and the Bilco door will actually be [clears throat] hidden in those plantings. So, it'll

Well, on the imperous surface, I I know that you've maintained and are keeping some of the buildings that are more historic on the property. So, rather than eliminate them, you're retaining them because of their that's the part of the original property and it's a historic property. So, um, that maybe puts you over somewhat on the impervious, [cough] but still several of the barns and such are are being saved.

That's exactly right. It's it's an unusual property because it has seven buildings, uh, all historic, ranging from 1790 to the most recent being 1942. And we we don't want to take down any of those buildings because we our whole intent here is to preserve the history and so anything that we add um runs into conflict on the impervious coverage issue and that's why we need the variance. So,

well, so even though we don't count gravel driveways in private service, I think this is a this is a pretty big favorable mitigation. I think they front out. I think it's actually quite a nice solution to do that. I would agree with that. Anybody else want to talk about this questions? Can I have a motion to close the public hearing? I'll make it. All those in favor? I I public hearing's closed. Any more questions? Any concerns?

They're just on a gravel driveway. I'm just going to emphasize because we've run into this before. A gravel driveway does not mean you can have a madm underneath or a concrete bed underneath. Gravel means it's gravel. So, understand that if you do something different, that will affect your numbers and create a huge issue for you. So, I'm educating you as former owners have told me maybe they weren't aware of that. So I'm alerting you as a homeowner as you come before us and we're taking that into account when we look at you know that that's not part of obviously today's our calculation of impervious is because it's being represented as a gravel driveway. So that is what the expectation is. It is a fairly gravel driveway. [clears throat]

Thank you Meredith. Uh and I will I will tell you that I spent a lot of time weeding our gravel driveway. So there is no matam underneath it. [laughter] Um and I will just also note too when we so when they uh when you look at the application and you look at the impervious coverage we also we have a slight reduction on one front but then we have we have an overall reduction I should say in the numbers but we have a slight increase also. So once you um look at the the sorry the there's a removal of 135 square ft of impervious surface but we have two other areas that have increased but part of that increase is attributable to the stone wall. That's right that's being calculated in here which is as it should be. Um but that's also different than what we usually see. Most of the time when we're talking about an addition of impervious service we're talking about more building structures or more driveway. So, I'd like to just make note of that that that is a distinguishing factor when we're looking at the additional impervious coverage in what's being proposed here and what's been shown that there are some walkways. Um, but there also is a stonewall that's all along the front that's being included in those calculations. So,

do we need to to um [clears throat and cough] null and void resolution 0225 in favor of what we're doing now? Uh there are many um other availing. Gotcha. Okay. Amending. Do you want to make a motion? Do a new resolution. Yeah. Yeah. That'd be great. Thank you.

Um [clears throat] I would move to approve the application as noticed. Uh in particular, I would note the benefits off of the applicant cannot be achieved by another means feasible to the applicant. So there's a couple things here to make note of. We didn't discuss it in full, but on the application, you can see the proposed pool lets in since there's two acres. That's not uncommon for properties in this area to have a pool. It's also not an overly large pool, and it makes sense within the context of the overall property, and that's not what's within our setback. That's actually located in the center of property. So, when we consider that number really when we talk about the pool in this case, we're talking about with regard to an addition to impervious uh coverage really. Um, in addition to that, when we talk about impervious, they've added some steps. They've added some um we have a generator going in and uh stone walls and and the like. So all of that is being properly calculated as part of the impervious and that's all been contributing to the increase in that number. So the benefits of by the applicant with regard to those numbers can't be achieved by another means feasible. Um when we talk about impervious when we reference to our uh setbacks in general and where they are and the relocations again um there actually has been some mitigation and that there was removal of a driveway that was closer to the setbacks uh to begin with that's being removed and in addition we're [cough] seeing new plantings [clears throat] going in because to the extent that we're sitting in setbacks area those um any detrimental impact for those is largely being mitigated um with respect to the sideyard setbacks Uh when we talk about building coverage again, we have an increase going on here caused uh by small additions. It's not substantial. We're dealing with the historic homes, the historic buildings overall. There slight adjustments that need to take place here. I don't think any of those adjustments that we've seen on the plans are unreasonable. They make sense within the context of the buildings and the property itself. Um there's not going to be an undesirable change to the character of the neighborhood or detriment to nearby

properties. In fact, I think that overall the change in terms of the um driveway layout, making it a single driveway entry to the property will also improve the flow on the main road there on Guard Hill and uh create a safer condition overall for traffic coming and going there. Uh it also, I think, will improve the uh westerly neighbors um uh relationship to this property given that there's going to be now landscaping there instead of a driveway in that section of the property. So, that that certainly is an improvement. um the variance requested uh I would say is not substantial um particularly in light of the prior variance that was given here. So when you take that into account this is an incremental shift from what was previously approved and uh the factors weigh in favor of that the variance requested will not result in any adverse physical or environmental effects on the neighborhood or community. Again, we're talking about an increase in impervious, but that's taking into account um the addition of stone walls along the frontage of the property, which will [clears throat] enhance the overall quality of that this property is related to the neighboring properties and to the road. The alleged difficulty is self-created, but that's only one of the factors that we look at and it's not determinative in our decision-m. The approval of the proposed variance is subject to the following conditions. The applicant will use your 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. The applicant shall submit a certified as survey including building and purpose coverage calculations to the building department prior to the issuance for certificate of occupancy. Um I would also note with regard to this variance that this is an amendment to the prior granted uh variance. it will not totally supersede it because there were other variances given given by the prior um variance. So only to the extent that there are adjustments by this amendment will those be modified. Um the variance is granted in accordance with plans submitted to the board.

November 18th.

Thank you. November 18th, 2025. And I would also ask that um that the record also include the separate um presentation of the Hopy Homestead that was included and provided to the board that provides um kind of the um pictorial differences between the original uh site the prior application and this one. So it's very clear to see where those differences lie between the applications and in particular with the layout of the driveways. Um, it does make note of the different types of native plantings that are intended to be used, but that is not within this board's purview. So, that is not a binding part of the application, those particular plantings. Although, it is the expectation of the board given your representations during the meeting that there will be native plantings used on the westerly side of the property as you landscape the area where the driveway is constructed.

Thank you. I'll second that. And you all thought this was easy. Mr. Stern, yes. Miss Lee, yes. Mr. Van Lover, yes. Ms. Black, yes. Mr. Velis, yes. You got it, John.

Thank you very much. I If I could, just in closing, I just want to say thank you very much to this committee uh not just for approving our application, but for everything you do to help improve the quality of life in this town. So, thank you. And we're also extremely lucky to live in a community that has such dedicated public servants and who do so much for this town. And Kim Kowalsski and Al Sharco uh big big thanks to both of you. It's it's really been a pleasure for us to work with the entire all the various bodies on this project. So, thank you. Thank you. Thank you. Take your extra

take your extra plans. You will need them at some point. Yes, there is there is a limit on variances, right? [laughter] Okay, we're back to Thank you.

the carryover application one. Yes. Arthur CZnell is seeking a variance of article 125-50 of the zoning ordinance for 320 MLAN Street, Beford Hills, section block and lot 72.5-2-42 in the residential 2acre zoning district to permit the installation of a pool shell inside an existing failing concrete pool where a variance was granted [snorts] January 10th, 2007 resolution 01-072 for a maximum of 8.83% of building coverage and 15.7% 70% of imperous surface [clears throat] coverage in the residential 2acre zoning district and where the building coverage results in 9.4% where a maximum of 6% is permitted in the residential 2acre zoning district and where the impervious surface coverage results in 20 28.0% where a maximum of 14% is permitted in the residential 2acre zoning district. Good evening.

Good evening. [clears throat] Why are we carrying this over?

This is a carryover from October. I was not here. I was retained between the October meeting and tonight. My name is Pete Daniel Hollis. I'm a me partner at Gettinger Waldinger Montgomeue and Hollis in Mount Kisco. Here with my associate Sarah O'Shea, Paige Vincent Gazno, one of the owners with her husband Arthur is here. Uh James O'Reilly from Bedford Pools, the contractor for the pool in question. and uh Robert Schwitzer, the landscape architect whose uh plan is is on the uh tripod in front of you. We're here tonight as a carryover from the October meeting because it's really sort of a simple case. It's a little bit of a bittersweet moment for me because I got the approval for the fence and the front of this house 50 years ago when a certain movie actress owned the property. So, it's good to be back after 50 years and uh little different makeup of the board, but uh some of us are still at it. Um but in seriousness, the only reason we are here is because we want to install a shell in an existing failed concrete pool. The shell will be either gunnite or pebbletech, you know. So, it's, you know, if you can envision taking something and putting inside a bathtub, that's all we're doing. But the problem is our clients who bought this property in October of 2024 inherited it where with exceedences of building and impervious surface coverages. Now very responsible clients. We have a plan that shows a reduction in some of the impervious surface. There's a 90 square foot reduction in the pool area uh itself but then about 2300 in total square footage reduction. The most impactful one and most visible one is the parking area in front of the house. Most of that is going to be reduced back to lawn and and plantings. So, we're very uh uh aware and cognizant of the

impact of imperous surface, but we inherited it. And if you go through my letter of October 29th and you go through the benefit to the applicant and the detriment to the health, safety, and welfare of the community, the detriment if we can't do this is is is marked because we wouldn't have a pool. We'd have a abandoned pool taking up space on a very beautiful property that will become even more beautiful during our client's ownership. The if you look at the uh change in the character of the neighborhood, there'll be none. The feasibility is obvious. There's no other place to put the pool without creating more imperous surface at building coverage. This this is um this substantiality uh is sort of offset by virtue of the fact that we're reducing the impervious surface coverage by uh 2,300 square ft. Obviously, it's a self-created hardship, but um there's no adverse impact, nor has there been even by this impervious surface. Even though there's an exceedence, there's no flooding of MLAN Street where it freezes over and causes a traffic hazard. There's no runoff onto a neighbor's property while it's an exceedence. You know, there's an attempt to mitigate that obviously. Uh and then the self-created hardship uh I just talked about. And then the town's section talking about the minimum variance deemed necessary to preserve the character of the neighborhood. Well, we're preserving the character of the neighborhood by improving an an unworkable pool with one that will work again. And then to to go back to the law for a minute, there's no evidence that would form the substantial and and u uh rational basis for denying the variance. There's because there's no detriment to any health, safety, and welfare in any part of the community. So, with all of that said, I'll answer any questions. You've seen the plan before the change in the plan. It's the reduction in the

impervious surface. Um, [clears throat] so I just respectfully request that the variance be granted. Thank you. Here my team's ready. Go over the plan again. Uh, where uh could you go over the impervious surface, the reductions, you know, the calculations, Robert? Yeah, we need the uh if you could go and pull the microphone out. Take that mic out of there. out of the other stand over there. Can I bring this closer? Yes. Yeah, but if you can bring You need the microphone though, sir. Yeah. We So it can be recorded. Yeah. Can I just Can you hold this? Sure. [clears throat]

Mr. Sarraco, who I echo Mr. Edom's comments about Mr. Mr. Roco and this uh there are very few zoning board chairpersons or or secretaries or aids from whom I get emails on the weekends and at late at night. But that's that's I do from this woman. [laughter] So I'd like the record to reflect that for any of the elected officials who might be watching too when it's bonus time. I guess we needed a boost like I don't think it's our fine should be on. Yeah. It's not to amplify your voice. It's for TV. Just tap it. There we go. We're good. Thank you.

Good evening. Robert Schwitzer, landscape architect. Good to see you again. So the proposal includes the existing pool and the proposed renovations which result in a net 90 square ft reduction in impervious surfaces. a small amount but it's yeah

the major impervious surfaces reduction is the removal of this asphalt parking court which is 1,997 square ft. In addition, we have the removal of a walkway here which is 175 square ft and a small pad over here of 42 square ft and that totals uh 23 what was the what was the number? 2307 2307

and where is where is the existing imperous surface calculations like your your driveways etc. Well, that's that's that's on the um the survey that's shown on the survey and we're we're working with what we have. This is just uh a proposal to to make renovations on the pool and then to reduce some of the impervious surfaces. But this is what you love the reductions. Yes. A varian. [laughter] Well, this this is what what we have, which is I guess what you have up there is just a little small. Yes. Yeah.

And I might if I might add, there was a variance granted in 2007 to increase both building coverage and uh impervious surface. And then the prior owner then added some more impervious surface, but not building. Yeah. Not a little bit of building. Not much. Sorry. Okay. It is a little bit what I have in front of me is a a little small so I can really see the calculations of where the existing impervious surface is. I see where the reductions are. Right. Well, we have a survey that that has that that's in the record from the last from last night. Oh, okay. I didn't see that. And it was 28% and 9.4 on buildings.

That is expressed in the original plans as well, right? And it essentially the driveway, the parking court and the driveways and paved areas to the rear. Moving from the side of the building towards the building, the main residence to the back is where the impervious surface is for the most part. Just point out where it is, Bob. Most of it most of it's in the driveway. Yeah. Yeah. Where? But if you show that where the driveway is going to the back. Absolutely. So the driveway is here. Here. and it comes through and goes out here. Um, there's also the building and then there's the pool. There's some court areas, uh, steps, walkways, uh, all of that.

So, the driveway is is the largest proportion of the imperous surface. Yes, it is. I think one of the other questions that we had too last time that just wasn't clear is how do we go from the 8.83 to 9.4? How did the building coverage go up? Yeah. don't know because I don't know I don't know what the plan said back in 2007 and I [clears throat] didn't really there see that well there there were changes from the 2007 what she's asking is just the building coverage increase yes there was there was some work done that this is the the owners inherited all of this Meredith but do we know what the increase was for the building coverage

yeah no right because so I know that they inherited when they purchased it doesn't legally change the fact that it wasn't permit like it wasn't approved as a change from the 8.83 by the prior owners to a 9.4. So part of the variance today is saying improve my 9.4 over my 8.83 that was previously there. But I don't know what the difference was between 8.83. I I'm not sure I'm not sure I know or even the client knows where that additional building area might have been over the 2007 uh plan.

I'm I'm okay with it. I'm okay with this proposal. What I'm struggling with is trying to see how it goes into the record, but I don't think you have this drawing and this diagram as part of the packet. No, this diagram is a recent calculation. I would respectfully ask that that map be included as a condition of any approval that you grant that these mitigation measures are taken. [snorts] Okay, that's good. So you're saying that you've taken every step to reduce the impervious service that you believe is possible.

Yes. I Yes. And then the this the other point that I I want to make is the clients have, you know, a grander plan for the property and they don't they haven't formalized it or formulated it yet. But as things go on, they recognize that any change that takes place here is going to require some ad adjustment uh in the imperous surface and build building coverage. we can't do much about but the imperative surface is is something that could be done when as and if there's any further changes and the client knows that I [clears throat] mean that that would be because you're kind of built out now in terms of impervious surface so well there's there's two things that yeah that have gone on right we have the building that's over

but the building's not really being touched I just wanted clarification of what the differences were because it's it's I always find it frustrating when we go from an approval And then we have another application come in and there's no no record of how we got from A to B. It's the good news Sarah just told me is that there are cos for all the buildings so that whatever was added was approved. So it's legal. So it's not

well let's be clear it's the legal on one part of the application for the nonalance but I'm glad to know everyone got CEOs. That's always a good thing. Okay. So yes that's good. Um, but then that I think what Rosemary's point is when we think about it and the applicant should be aware. It's very good to make the adjustments to impervious. We like that. We need that that it's appreciated because we're already so far over the applicant having more plans that are unknown yet. There will likely be there's likely a line in the sand of of there's very little movement going to be allowed on the impervious of building. So going forward, if this is approved, our expectation would be that if there are changes, they're going to fall within that bracket. And because um you're probably going to touch the plans in some way, uh you need to be mindful of that.

I would suspect that every touch of the plans other than what you see tonight will require a reduction in in impervious surface. Yes, we're aware of that.

Well said, and that's what we like to hear. So, um, but I do I do appreciate the fact the applicant's willingness to change a significant portion of that driveway over to grass because that that is very meaningful. Um, [clears throat] and understanding navigating the property does require some drives to access different pieces. But thinking about that and being flexible with a portion that maybe is not as used as frequently, I'm sure it was used in some way, but not as frequently is certainly something that the board appreciates um, seeing from applicants of that willingness to to work um, with us on that concern. I I think it's even more than appreciated. It's it's it's a criteria that we look at very carefully in terms of how far we exceed impervious services. You know, not just for your application, but really for anyone coming in if there's any flexibility, ability to reduce appreciate and ask that people take that into consideration.

And [clears throat] especially, you know, we're this is all we're all here as a result of a failed pool, right? We were not here asking to build a new pool because that would be a different story, right? We'd have a different story going on here, but that's not what we're doing. So, I think that for all I've already said, you know, we can answer any other questions any of the board has or anybody that might be interested here or on the Let me find out if there's anybody in the room that wanted to speak on this or on the Zoom call hearing. No one. Can I have a motion to close the public hearing? I'll make a motion. All those in favor? I public hearing's closed.

I don't have any I don't have any further questions myself. Um the only thing I would suggest um I drove around to find where I was going to see the pool and um I stupidly ended up coming back out the way I came in and which is not a safe way to come out on [laughter] the on you're going to there's no sight distance at all. So, I would recommend, you know, like not this way, the other way. [laughter] It was pretty hairy, actually. Um, but other than that, that was just my dumbness. Um, I think what you're doing though is perfectly uh plausible. I've had in my, you know, personally, I've had to redo two poles that were um done in the 50s and of course they developed leaks and needs to be redone. And you do and you do lose a little bit of side to them all the way around, but it's not a catastrophe by any means. So, anybody else have any

No, just as Dan as we make this drawing part of part of the submission. Yes, it there it's L4 over4, but it needs it needs probably needs um we'll get you a copy of that plan that is on the It needs a new number because you have already four over [clears throat] four. Pardon? You already have an L4 over4. So we we we need to there are some revisions. I'll send you a whole set. Okay. So this is a to and that's different. You want to make a motion?

Um sure. Thanks. So, I'll make a motion um to approve the application for uh 320 MLAN

320 MLAN for the the approval of the replacement of the pool and associated reductions and mitigation of of impervious service. Um in particular the board found that the benefit to the applicant by granting the variance outweigh any alleged detriment to the community and detriment to uh and determine the following. The benefit sought by the applicant um cannot be achieved by other means feasible to the applicant. They are uh replacing a pooling kind and making associated adjustments to benefit the application. There will be no undesirable change to the character of the neighborhood or detriment to nearby properties and the variance requested is not sub substantial and the variance requested will not result in any adverse physical or environmental effects on the neighborhood or community and the alleged difficulty although [snorts] is self-created that uh but that's not the only one of the factors to be considered by the board making a decision and is not determined. Approval of the proposed variance would be subject to the following conditions. The applicants will use their best efforts to ensure that a building permit is issued within one year of board's approval of this variance and then diligently pursue such construction to compete completion. The applicant shall submit a uh certified asbuilt survey including building and impervious coverages calculations to the building department prior to the issuance of certificate occupancy. um and that the variance is granted in accordance with uh the plans submitted to the board dated

if I might interrupt for a minute the the uh plan that's a pre uh predated this one by a [clears throat] little bit dated October 29th is exhibit one to my letter and it shows all the area of reduction but the the calculation has to be updated because there there was a mathematical error in the computation not in the amount we're doing but in the computation we'll That's what we'll get. Okay. So, um October, so the plans are dated June 5th, 2025 with the update on this page last revised on October 29, 2025.

Right. And just as a note that the uh the um the additional drawing will be labeled according to the sequence of the other drawings submitted. And that also part of the record should be the the one you're referring to or is that's got to be superseded. The reductions are shown on exhibit one. All the reductions are on here. The calculated the math was wrong. Okay. Now, okayed by this, right? That's that that is exhibit one. So, you already have it. Okay. Great. I'll second. Mr. Stern. Yes. Miss Lee. Yes. Yes. Mr. Van Loverin. Yes. Miss Black.

Yes. Mr. Mis. Yes. We got it. Thank you very much. Thank you. Thank you. Happy holiday. You too. Mr. Hollis, next time if they could just make that exhibit a little bit bigger for my eyes, it would [laughter] be appreciated. Thank you, sir. I don't think I'll be back in 50 years for the next [laughter] Yeah, you never know. It'd be nice.

I don't have any with me today. Thank you. Okay, I know. That's right. [laughter] Not sure if I'll uh pronounce this right, but Hal Iowa LLC is seeking a variance of article 3 section 125-11 and article 5 section 125-50 of the zoning ordinance for 9 Milan Avenue Beverage Hills designated section block and lot 60.15-2-6 on town tax maps in the res the two family zoning district to permit an already constructed front door portico to a pre-existing legal non-conforming residence where the combined sideyard setback resulted in 25.5 ft where 35 ft is required in the two family zoning district and where the non-conforming lot size consists of less than 10 square feet is required in the two family zoning district and where the front portico resulted in a front yard setback of 20 ft where 35 ft is required in the two family zoning district. Okay. Thank you.

This was a um we brought this back simply because the mailing hadn't been done properly. It was done this time and and you've got proof of the mailing now. I do. Okay. Um so is there anyone in the audience that's speaking on this or wanted to speak on this application? No. We're on the Zoom call. No. If you Well, if you've got that u we we pretty much said that we didn't have any problem with the uh with the Cordico because it was there before. Uh Sandy, we just didn't didn't have a building permit for it. Um so do we do you want to make just make a motion that we approve it now? They've got the mailing close. What's that? Oh yes. I'll close a motion to close the public hearing. So moved.

All those in favor? Public hearing closed. Uh I'd like to make a motion that we approve this application for 9 mil. Rosemary, before I get too far, I just want to note that we did have a discussion about this at the last meeting. That's why it's a carryover application. So, the applicant was here. They did do a presentation. We heard the presentation. There was a mailing error that was discovered after the fact, which is why then we're here. And we're not we don't see an applicant before us, but this has in fact been um presented and was brought up again tonight really to correct that issue. So, we don't do we have to do a regular resolution or you want to go

We didn't do a resolution last night. I I remember that we approved it. I mean, was we always straw straw poll of the board, but we didn't do a formal because we couldn't with the matter not close out because we're mailing. Got it. So, it'll be a regular resolution. Yeah.

Okay. So uh the uh zoning board of appeals on December 4th related to application uh of 9 Milan Avenue Bedford Hills uh the zoning board has reviewed this application has discussed it uh previously and uh now that we have attained the uh final mailing which is corrected. Uh we are uh in agreement that we will approve this application because the board found that the benefit to the applicant by granting the variance outweighs any alleged detriment to the community and we determine the following. The benefit sought by the applicant cannot be achieved by another means feasible to the applicant. In fact, it was a replacement for an existing portico as they demonstrated proof that that was previously there. There will be no undesirable change to the character of the neighborhood or a detriment to the nearby properties. Uh the variance is not substantial and as requested will not result in any adverse physical or environmental effects on the neighborhood or community. The alleged difficulty um was self-created in that they wanted to replace it because of the poor condition. Uh but that is only one of the factors to be considered by the board in making its decision and it's 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 approval of this variance and then diligently pursue such construction to completion. The applicant shall submit a certified asbuilt survey including building and impervious coverage calculations to the building department. Could I recommend on this that we do where they just do a um the front of the house because there is a there is a survey um that's on here.

So what would they submit? They would just be submitting a um a survey showing the new portico setback. An updated survey out from the road to the port to the house. The setback. The setback. Yeah. For just the portico for just the portico. Yeah. Cuz they're not they're not touching any other part of the house. They need the certified coverage. Certified coverage. Okay. So, would that be an updated survey or uh exactly what document? It's probably an amended asbuilt. Yeah, there you go. An amended asbuilt. Uh the applicant, right,

shall submit a certified amended asbuilt survey, including building and impervious coverage calculations to the building department prior to the issuance of a certificate of occupancy. And this variance is granted in accordance with plans submitted to the board stated 72825 submitted September 22nd 25. Yep. There you go. Second that. That was you, Peter. On the second. Yeah. Mr. Stern. Yes. Miss Lee.

Yes. Mr. Van Loverren. Yes. Miss Black. Yes, Mr. McCallis. Yes. Okay, they have that. We can be done with that now. Okay, [laughter] now we're done with the past. Yeah. Moving on to the

Moving on to the present. Leroy Kim and Lindseay Boland are seeking a variance of article 5 section 125-50 of the zoning ordinance for 10-24 Clifffield Road Bedford section designated section block and lot 73.20-2-20 20-2-20 on the town tax maps in the residential 4acre zoning district to permit the construction of a covered entry and deck to a pre-existing legal residence where the total building coverage results in 3.6% where the existing building coverage is 3.2% 2% and where 3% is the maximum permitted building coverage in the residential 4acre zoning district and where the impervious surface coverage results in 10.5% where the existing imperous coverage is 10.1% and where 8% is the maximum permitted imperous surface coverage in the residential 4acre zoning district.

Good evening. Good evening. I'm Tom O'Brien from O'Brien Architecture and Lindseay [snorts] Boland's with us on Zoom this evening. uh here representing Lindseay Boland and Leroy Kim. Um these are two exterior projects. Um we're I don't know if you went went out to see the slight expansion we're doing to the front entry. Uh as it exists, it's quite shallow. Uh the gable end means that rain and ice and water comes in. So we're trying to simply Can I just interrupt you for a second? Yes. There were two entrances. I'm assuming you're you're talking about the one that's in the middle that you go past the front door and then there's a double No, it's right. It's right at the double door. No, it's right at the front door there. The front door. But the front door already has something over it.

Yeah, but what it's only that's only 4 ft deep and because it's a gable roof, the water and ice sort of makes its way in if you leave packages and things. So, we're simply trying to uh extend it slightly and then use a shed roof to give better coverage. And we're coming out to six feet from 4T. Um, so that's really mostly about projection of the front of the house there, but nothing in the middle where the other two doors are. Nope. Okay.

But off the back of the house, um, the old, uh, we're proposing a deck edition. Um, if you made it to the site, as you come out, the the grade doesn't drop off severely, but it drops off well enough that you really can't utilize that part of the yard. So, um, there's an existing stone terrace. It's uh because of the uh mature trees, it's always in the shade and annually they have to power wash it because it gets mossy. So, they were hoping for the deck off the back, which again is right off the kitchen, which is a nicer place for it. And that deck off the back is the wood slats are going to cover over the stone. Is that

Well, in one section if uh to the uh to the uh the right there, there's an existing Right.

Yes. There's an existing walkway which is stone and we'll be going over top of that but the middle part and the part to the [cough] left is going to be is going to be deck you know um and I know that well the one section is going to remain impervious because it has the solid uh terrace underneath it. I know that they don't calculate decks as less uh more or less pvious, but you know, water does go through decks. So, uh there's something something to that. Um uh we don't feel it's going to Oh, uh the it's the deck is held down low enough that we don't need to put a rail on. So, you really you wouldn't see this from any sites. So, all of that in we don't think there's a detriment to the uh neighborhood. uh we feel it's in keeping with the neighborhood and on the other end of it it would be uh a great uh enjoyment for the family uh who lives there.

Are there anybody in the audience or on the Zoom call that wanted to speak on this application?

Um sure Lindsey Boland here I think Tom pretty much covered it. Um, but you know, just to add to that, the facade, [snorts] you know, entry point change, I think will also be more aesthetically pleasing and in keeping with a 1920s farmhouse, just as an additive piece if that's something that you're interested in. And um, for family members who have mobility issues, it will be nice to have that deck so they can also enjoy um, the home and the beautiful view that we have off of Indian Hill. Um, whereas it's kind of hard to in that um, that old of a of a farmhouse and how it's broken up currently. So, it would be a real asset. Um, I don't think, as Tom mentioned, there are too many um meaningful or physical changes, but it will enhance the the the beauty of the property and the utility of it for us as well.

So, you have the proposed deck at number 24, which is the the main building. Uh, you know, the the main house is number 10. It's uh 1024, right? And actually I live in 24 which is a little tiny cottage on the property. Okay. So it's conveniently co close for uh for uh job site visits. We've received one uh one letter from uh the neighbor at 68 Indian Hill Road. Christian did you see the letter Davon? No. Saying that there was a bunch of trees have come have been taken down but he's recommending that trees be be put up. Um, I'm happy to give that to you, but as Meredith as Meredith uh

no said that's really not in our purview. Um, no no there you go. You want to give that to your client? I think it relates to what her perception of the condition of the property uh the the landscaping the trees and the trees were being lost and not replaced etc. and the water I guess there may be water conditions with runoff down the hill. Um well I mean I I think you know the water if you know that area of Bedford which you all do there the slope is not something we can really control and the trees um we're not taking any down. Um but they are there are some hundred years old trees we we spend

thousands of dollars a month on landscaping. So, um, happy to take a look at it, but I think, um, we're doing a pretty good job at trying to be good neighbors. This is a notation that came from Well, you must have a bunch of trees still because, uh, today when I drove in, there was a guy cleaning the gutters. Yes, we do. We have we have a lot of trees and we love them.

And that's that's the reason that the terrace is so is so shaded because of the big beautiful trees. Also that there's a right along the front of the property, we've lost some of those. There's a there's a a pretty dense line of of of uh pines that were planted. I think when the former family was named O'Brien, no rel no relations, but we've lost some of their low shallow roots and so we've lost some of those out there. But the main trees I think are are have been stabilized and in good shape now. We we just had the obligations part of the road. Yes. Yeah. Okay. Any other questions from the board?

I'll just there there is a survey with this file. I don't know. It wasn't in my packet and it's not online, but there is a survey that shows the site improvements other than just the plans. Is it? It wasn't in it wasn't in architectural deck. It's a steam type. So, just if you haven't seen Yeah, that's the architectural deck. Oh, no. I haven't seen that. Yeah, that's what I was looking at. And I have an extra copy of that if you need it. Sorry. Yeah. No, these are just A1 through A4. Yeah,

our entry, right? So, here's our entry. Yeah, the entry could see it that way. So that 4 square feet it's really there's no additional I think I think this individual's issue with the wetlands should go to the wetlands board issues about wetlands she could be wetlands board there are lots of issues wetlands on Indian hill so I don't disagree but I assure you we're not causing them [laughter] I'm glad to hear

I think sometimes s you surmise things. You think a problem is stemming from there, but if you don't have the professional, you know, the l the landscape there and the site is, as you said, the water is going to progress. But I think that I think that the point of the

um letter right of the neighbor is that, you know, a concern about removal of trees or otherwise. In this instance, you know, like trees do fall down. There's not always an obligation to replace them. that there is landscaping on the site. Um, we are talking about a deck and it's not a solid [applause] surface as a straight concrete pore or a flag stone patio. So, there's still the opportunity for water to flow through there as opposed to simply just sheeting off which you get, you know, if you were doing a um a pavement a paved surface instead of doing the decking. So the decking still counts towards their impervious but it's not uh as significant as if we did a full buildout or something like that.

No, but any any contribution of of taking coverage or any additional impervious service the way this is situated is is not affecting a down a down slope because it's within that already existing footprint. Yeah. So it's that's the whatever. So, Roger, that's an important point that's not affecting money. Yeah, I don't think this that affects any because of the position on the property, right? I'd also like to add along at the as you come up Indian Hill and if you imagine turn uh left on on Clifffield,

there's a series of trees that the utility companies take took down because the branches were knocking out our power, right? And so, uh, Lindsay, I don't know if you remember, but they came and took some they they've always branched that along there because it hits the utility, but they took out some of the dead trees, and I think that wasn't even at your direction. I think they came and uh, is that correct? Yes, they I mean, yeah, I don't even think we've even been told, which is fine. They have a bigger They're right on the road. So, that might be what people are seeing, too. Well, we're not we're not taking it. Nice had made a point that they were being more aggressive this year because of all the storms and the uh

they were taking them down this fall. Definitely for sure. I think even with the the the pavement um redo, they took I think a piece of a tree down as well. Yeah. Anything even who was on your property if it was in 10 within 10 ft of the lines they were cutting branches and taking trees. I apologize Rosemary. You can continue. I think you were making a motion on starting to make the motion on I just No, I'll make a motion. You make the motion. Okay. I'll make a motion. wanted to make the point about the survey. We need Yeah, we need to close. I'll make a motion. We do need to close the public hearing system. Oh, okay. We didn't close public hearing. Uh can I have a motion to close public hearing? So, all those in favor?

I public hearing is closed. Um I propose that we grant a variance as it's been noticed uh for 10-24 Clifffield Road. Um doing so uh benefits the applicant u in a way that cannot be achieved by other means feasible to the applicant. There will be no undesirable change in the character of the neighborhood or detriment to nearby properties. The variance requested we don't believe is substantial. the variance requested will not result in an adverse physical or environmental effects on the neighborhood and community and just ask that they take into account um the neighbors letter that they got if it so um happens that you know they need to put in some additional trees at some point but that's not part of our resolution. It's just a suggestion. The alleged difficulty is not self-created but that is only one of the factors to be considered by the board in making the decision and it's not determinative. Approval of the pro proposed variance would be subject to the following conditions. The applicant shall use their best efforts to ensure that a building permit is used is issued within one year of the board's approval of this variance and then diligently pursue pursue such construction to completion. The applicant shall submit a certified asbuilt survey including building and impervious coverage calculations to the building department prior to the issuance of a certificate of occupancy. I think you probably can just make an since you already have one um you can just make a um a modification to it increasing the what where what where things are and and what the actual um

well that's that's all broken broken out on that. Yeah. But once you get it done sometimes the numbers change as bill. Yeah. as build. Exactly. The variance is granted in accordance with the plans submitted to the board dated we have a date uh May 3rd, 2025 and submitted November 25th, 2025. Okay. Sounds the big I'm looking at the big plan. Yeah. And that's also the same um lines up with the survey of the property. Mhm. Do I have a second? I'll second. Mr. Stern, yes. Miss Lee, yes. Mr. Van Loverren, yes. Ms. Black, yes. Mr. McCallis,

yes. You got it. Okay. Thanks so much, Tom. Please. Thank you very much. Good night, Tom. Take the extra plans so you won't need them. Thank you very much. We want to keep that. Can we give that to him? Um, here you go, Tom. Pleasure.

Thank you. That's Mr. Kona Firehouse LLC wies the seeking of variance of article 11 section 125 I'm sorry 120B and attachment 125 attachment one I'm sorry section 125 attachment one of the zoning ordinance for 156 Kona Avenue Kona designated a section block in lot 49.15-4-44 on the town tax maps in the commercial business zoning district Peri permit the installation of two wall signs for a total of four signs where a maximum of two signs is permitted and where the logo wall sign is 3 ft by 2'6 in where a maximum symbol height of 12 in is permitted if fixed less than 100 ft from the center line of the nearest road in the central business zoning district. Good evening.

Yeah, she should be able to share register announce who she is. Uh Carrie Robins yourself as well. Ah, sorry. Aaron, owner of Wu's. Um, hey, before [clears throat] we get started, I I totally appreciate and understand the not allowing huge blaring signs and it's such a amazing community. So, I get what we're trying to do here. Um, so Carrie did all that heavy lifting with with our sign uh company, so she's going to share her screen as well. Um, I guess first we're asking that the old Katona Firehouse to not be included as a restaurant sign.

That's the first thing that we're trying to ask. Um, the bracket sign, the wooden bracket sign is already approved and being installed. So that would be that's our second sign. if you include the old Kona Firehouse sign. So, the first thing we're asking is to not count the old because I appreciate the old the antique of the sign and we want to keep the classic look of the building. So, I did not want to take that down. Um, so I guess that's the first ask. And then the second was it's staying in the same place. Say, say again. The only firehouse building. It's never It's never touched. It's not getting touched. Gotcha.

So, we're I mean mainly here to say this do not include that as one of our signs. Yeah. Makes sense. Um so that's the first ask. Um and the wii sign is the one coming out from the door. Uh the left of the side of the door. Yes. So you have your bracket sign that's already been approved. It's coming out from the door. Okay. Um so we had an idea. So you're looking at the building. Can't really see what it is. So, we were thinking of the logo in between the two firehouse doors to let people know that it is, you know, our restaurant. Um, the logo being WI

the Yes, that's my dad. Would you Yeah. Um, so that would be a sign. And then the reason why I found this property is I was commuting on the train and I saw four rent sign which I would love to take down one day. Um, and it was thought to help drum up business would be to let people know there's uh, you know, as you're passing on the train and that's from behind. That's from the behind. So, you can see it from the train. You don't see it from the road. Okay.

So, ideally, I'd love to ask to have all three signs. Um, but for business purposes and to, you know, drum up some business, this would be the most important one to add. um so people can see it from the commuter trains and um all three would be amazing but I guess first one is not to the Okatone fire is not to be included as one of our signs. Yeah, that's a kind of landmark.

I will I'll add that I mean you're Yes, you're hindered by the fact that the old um old firehouse building takes up your major sign. I mean, when I was standing there and looking at the signs across the street, everything is just one sign dead center over the what would be in your case over the two windows. Right. [laughter] But but instead, you've got the old firehouse building. And and then that's why I was asking if it stays in the same place, there's no place for you to put a sign. Exactly. And uh so I do appreciate the one coming out sideways. I think that makes a lot of sense. I don't have a problem with you putting one in the back because again that would be facing the parking lot and the uh the train track. that's not visible to the front of the front of the road.

I I I would suggest though that can we do it in the same style as the front of the firehouse. So instead of a big sign, do a similar to the old similar applied letters over the facade. I I'm fine with that. I think that's like that. Yeah, good suggestion. Yeah, I think it's better. And I don't really have a problem with Wii being there. So you'll end up with the old firehouse sign, two in the front, and then the one in the back. Yes, ma'am. So So leaving leaving the old firehouse out, you have three signs. I I see why you're doing that sideways because people, you know, walking there. Yeah. Will notice that there's a there's a restaurant there.

We've only been open six months and we've had people call be like, "I've driven by five times. Where are you?" And uh so it's not good for business. Will you be taking down the thing that's on the on the gate, the the the canvas sign? Oh, yeah. We were just testing that. That was just a a vinyl sign where to see if we could see it from the train and from the street. Gotcha. That was just kind of like a to see what the size lettering would work. But what is that extra sign in the front? It's it was almost more like like an artwork. I mean, is is it is it It's more of an artwork than a sign of

Yeah, it's going to be a piece of aluminum. So, it's almost like an artwork to to match with the building. It's going to be aluminum cutout of of the logo of my dad. So, so it's it's not a rectangular shape. It's it's the whole shape. You see that? It's going to be cut out, right? The shape. Okay. And it'll match the building. It'll look classic. So, be sort of a shadow on the on the building. Yeah. Kind of cool. So, and and no lighting. We're not lighting. Do you have anything else?

How does this other issue the issue I I don't have any problem with the aesthetic and I don't have a problem with the concept. I have a problem with the number of signs when we're talking about our commercial district and signage because we I I understand the old firehouse and we can say look that that we can grandfather and say it's a historic character and so we're not going to penalize the applicant for that. So then you say, "Okay, well then you get two signs." But then I don't see how we walk up to three signs without then other applicants starting to come in and say, "But he has three signs on on the face of his building." And we're going to say, "Yeah, but one of them is is historic in nature. So then, you know, he still should have have two signs, but then we granted him a third sign on the back of the building." And so now like it's we have to be very very careful in a sense of the signage because we don't we've been mindful about it to date about how we control signage going up and down the areas. And so we just have to think about how we're going to consider it how it's distinguished [clears throat] and characterized and looked at. And part of the unfortunately and this is funny because it came up in Mount Kiska too the concept of your your father's that aluminum plating I think is lovely. The problem is it falls into quotequote a sign. And so I'm wondering if we could start with the idea of it almost as a blackout on the white building as a as a as a paint like we we do allow painting different paint jobs on buildings. We have that in other spots in town. You have the um butterfly wings that are another portion of town the side of the building. That's not considered part of the signage rag. Okay. But it might have the same effect that you're looking for of having that imagery there and having it be notable. Um,

it's almost like a stencil, right? And it wouldn't compromise either on the way we can justify the signage here, which is, you know, you have that historic one, you have the one on the front and he's facing the train. So, he's still he's still complying with the two signage. So, we don't wind up with too many applicants coming in for additional signage on the building. Correct. Because the stenciling wouldn't compromise the issue of the signage because it's not a fixed. It's not something separate in a fix. That makes sense. But it could still have the same effect that you're looking for. I was I was wondering about how many how many businesses would be asking for a sign in the back of their building. Is this so unusual that he has that?

We have two faces. What's going to happen is we're going to have stores that are going to say, "I've got multiple faces facades coming around the corners." And if you think about the strip where CVS and the the post offices and stuff, that whole strip faces also the back side of the train station. So that whole strip there you could have coming into saying you want signage along the back of the buildings also. So we have to just to be mindful about how and why. Here you can say he's got the old firehouse is essentially his exempted sign and he's got two signs on the building and so he's placing them in meaningful he's choosing where the meaningful location is. Um because there's another way to achieve your other objective. I think. Yeah. You're saying that paint on

Even painting it on is considered a sign.

Because we did that we butterflies on the side of the other building. Didn't you call them sign? Yeah, I know. I hear you attach there to paint in there. Well, here any normal wait which displays include any normal letter, word, model, banner, emblem, light, device, trademark or other representation as an announcement designation display. If you attached your father's stencil to the bottom of that hanging one to make one sign, would that be one of two signs? [snorts] Would it be too low? It would be a little too low. [clears throat] It would hang too low. Oh yeah, it's good.

The bottom appears to be just above the uh the door the the glass at the door. [snorts] I thought maybe he could attach one one stencil to the other one. But could it be art that it's it's out of the sign category? So the problem is that we don't have a classific runs. We don't have a classification today in our code that allows for but that might be something worth bringing up to the town board though. Oh yeah, I would put that on the list. Okay. as as a separate standalone question. That's true. You're opening a door. No. Right. No. No. So, I I apologize. I didn't realize that that was that painting, it would fall into that category, too. But as Al points out, that that would fall into that category.

Um, even if it was on the window, it would still be. Yes. Even on glass. We've done this. We problem. And there's no way to attach it to anything a fixed becomes the problem to the to the sign that's hanging in the fra in the wooden frame. Is that that sign that you have in the metal frame? Is that two-sided? The same thing on both sides. Just don't get the face on the hanging one. Yeah. The hanging one is is is that two-sided the same thing? That's I'll just ask. It's it's two-sided so you can see it up and down. Just And it's the same thing on both sides.

Yes. I'm trying to figure out where he could slot his thing in. The other one is really the image of your dad. Yeah. I mean, that was this was just an additional idea to to fill that empty space in between the two doors. Um, ideally the most beneficial for business would be the back side to let people know we're there for the commuter. So, if we had to pause on this one for now, I'm I'm okay with that. you know, since since it's a limited facade, so to speak, and it's beautiful the way it is white, and I think this is this hanging one goes [clears throat] very well. You do have your father's image there on that. Is there a way that maybe

you could just utilize that? I I don't think it could be any bigger um on the dimensions. I don't know if it could be bigger. It has to hang so that it's high enough up on the facade, but it is there on both sides. It's definitely

I think um if I can add to what Aaron was saying, I think that the only added benefit that we haven't raised of the portrait um is the ability headon to just see that it is not just the old firehouse. Um, totally appreciate that most people are driving by or walking by and will see the bracket sign, but the the portrait we felt like added sort of the the aesthetic to seeing the building head on because it is such a beautiful building when you're looking right at it. I think it's so the people looking headon will see the portrait, but they won't see what that definition again.

Exactly. Straight on it. So people are recognizing that symbol or logo the the drawing. They would recognize that they would. I mean hopefully [laughter] one day. One second. We're discussing something. Of course.

That's not [laughter] Are we drawing something? I I had an idea. We're trying to see if it fits the definition. disappears. Yeah, I know. What are we going to say? I had an idea. Put a laser light here that goes away. A laser light. A laser light. That's so what? Yeah. Is that a sign?

I don't No, we have a light ordinance in town. Lights have to be It's It's a dark skies ordinance. I don't think a laser light. No, just it shines at that spot. Even like a spotlight. Yeah. Oh, you mean that and Yes. It's a silhouette of the Yeah. Without be actually being It's project. It's a projection. Projection. Yeah. It's cool. After hours. Yeah. And then after And then shut. Yeah. And there's no nightlight. Suggested. Yeah. Yeah. believed. Are we there? My suggestion is is No, don't make a suggestion yet. We're checking the code. We're checking the code. Then we'll talk about making a list. I'm checking it twice.

You know, see the same time you did. [laughter] It doesn't have the banners, you know. Okay. Um, okay. While while he's checking, I the the logo with his father's image is there except it's sideways. But, [snorts] uh, it's there. So, if if we have to, I would say when when you know he's on the image. Dad get royalties, by the way. So, [laughter] he's he's up there. He's up there in heaven looking down trying to

And on your windows, you have Wis on the on the door. or the glass door, don't you? Uh on the two uh fire doors. No, no, no. Okay. I thought I saw a sign when they moved on. On the glass door, we just have a laminated printer piece of paper um that is sort of our our placeholder for now, just with our hours, but we would take that down um once the bracket sign was up. Oh, I see. I I think with his the the image we'd start to run a slippery slope. Yeah. there's no clear definition uh dealing with illumination. That's that get into and then on the artwork unfortunately still falls into that gray area there of signage because it's displayed. So

um at this point I would say to just hold on that and I would say though to take it up to the town board that question because we do have at least one other instance in town where we have a painted wall. I don't think it's considered a sign right now and I don't those things are in I think it's I think it's a lovely part of town. take pictures in front of it before. So, u I don't take issue, but I think we have to be very careful with signs that kind of Oh, I agree. and illumination. I I'm I'm prepared to go with the signs that he the other signs, the bracket, the one in the back and leave the old firehouse and maybe maybe when some of this discussion happens, we're working out of the box right now with lighting.

But but I think I think you're right. I think that there ought to be a widening of the sign, not as a like straightforward sign, but as there needs to be talk about artwork. If there's an is if there is space in the community to consider exterior artwork, graffiti artwork, things like that in a separate category and something we are interested in entertaining, right? Um it came up in in Mount Kiscoco because where the new shop comes in. They've got the big water tower and they too wanted to do graffiti art on there to make it more interesting. They're like it's a sign. We can't do it because it doesn't meet your square footage and they weren't willing to entertain any difference but it it there may be space for that type of conversation. We are we are discussing murals,

right? So it should go up. It should be part of that conversation. Okay, great. We we will take it up with the potential discussion of additions [clears throat] or changes in the zoning. Great. Thank you. Um, for now though, I would suggest that we uh look at approve three of the signs that are represented. But it's a two of them are already approved, right? Two approved,

right? So three, right? But it's three on the building. So we will we'll leave the old the justification is the old firehouse is a historic signage and we're that's going to continue on place. Um the other one he has approved right now is that the second hang one in [clears throat] front that remains that's not an issue. He's asking for the third sign, which will actually consider really the second sign because the historical nature of the one on the front of the building for the signage in the back. Um, and I'm fine with that. And I would also say that it makes sense within the context of uh the train going by and wanting to appeal to the uh users to be able to come in and recognize there's a restaurant there to come and utilize. So, in some respect, that's a front face to the train um and advertising. So, I'm I'm fine with those.

Yep. Yep. Is there anyone else that wanted to speak on this application or hearing? No one. Can I have a motion to close the public hearing? I'll make it. All those in favor? I do, if you want to just turn your Yeah. Uh, I'd move to approve the applicants the application.

Um, with respect to um allowing three signs on the building. Uh, here we were talking about the old firehouse. One will remain. The one for Wogis that will be at the back of the building will now be permitted. and then it will continue to have the hanging sign at the front as being permitted. Um the benefit by the stop by the applicant cannot be achieved by another means feasible to the applicant. Um there's no signage right now on the back of the building. It's trying to entertain uh customers potentially from the train. That's the face of the train users would come from. So that's the the addition here. Um there will be no undesirable change to the character of the neighborhood or detriment to the nearby properties. this additional signage is located on a different face altogether and doesn't face the street front um that the other two signs are located on. So I think that you avoid the clutter question and issue that we have when we frequently deal with signage. The variance I would say is not substantial given the fact that one of those signs that exists on the building is a historic signage and the applicant has offered to retain that signage even though it's in a prime location and so we're willing to entertain another uh bit of signage on this building that normally we would not. The variant requested will not result in any adverse physical or environmental effects of the neighborhood or community. The two signs that have been approved to date um are up and functional and serving well. This third one again is on a different face and will be viewed from an entirely different location. Uh so I don't think it will create any adverse physical uh impacts on the neighborhood. The alleged difficulty um I would say it it is not self-created here. There's a historic factor this building that the applicants take into account. They're asking for consideration of that. Um but even if it was, that's only one of the factors to be considered by the board in making its decision and it's not determinative. The approval of this proposed variance um is subject to you're going to get your permits for the sign within a reasonable time and complete them. Is there like when they finish this the signage you're going to get the seal for the sign?

Yeah. Okay. You're going to have to get your final inspection. Um there is no uh asbuilt survey required for sign or coverage calculations associated with signage. Um so the variance is going to be granted in accordance with the plans um no J sign the plan the the plans that were submitted with the application provided however that the um aluminum logo uh pin mounted sign that one is the one that is not being approved as part of this uh package or signs. So that's just for clarification there. to receive on submitted on October 21st application October 21st, 2025. I'll second that.

Mr. Stern, yes. Miss Lee, yes. Mr. Van Lover, yes. Miss Black, yes. Mr. Malis, yes. You've got it. What's going on? Good. Thanks for asking. You've got it. Thank you, board. Thank you, Kim. Thank you, Al. Thank you very much. Roger. My thought you would have to submit my thought to the town board. We're going to discuss the revisions to the zoning code tonight. We're going to make a list.

Mark Abrams and Gia Miller are seeking a variance of article 3 section 125-27D2 of the zoning ordinance for 37 Woodfield Road Pona designated as section block and lot 60.6-3. 6-3-23 on the town tax map in the residential tax 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 where the ground floor area of the accessory structure results in 465 square ft or 2.23% 23% of the area of the lot which exceeds the permitted maximum.5% or 104 square ft of the area of the lot in the residential 4acre zoning district.

Uh chairman I would just note that I know Gia and Mark personally but I don't think that will have any impact on my decision making. If the applicant would like me though over accuse myself I will do so at least. No need. Okay. Good evening.

Good evening. So when my wife bought the house about 10 years ago, that artist studio was already there. Uh the prior owner was an artist and illustrator. I'd heard somebody as famous as Fabio was in that cottage to be sketched. Um when I moved in with my wife, um we put an addition on our house and we used that cottage to basically store stuff until we were done. When we were done with that, we took the stuff out of there and it was in quite a state of disrepair. We there was an old electric heater in there. There wasn't uh lights. The walls were not in good shape. So, we didn't know what to do with it. So, I said, "You know what? Um I'm an artist, but a martial artist." So, I would like to use this as my personal training space. So, what I did is I uh fixed the walls. I put in insulation. I put a wood floor down. I put LED lighting in. And basically I've started to use that um been using it for several years now. The nature of my training means that I have to engage in um they're called kata. There are series of movements um both uh unarmed and I also use uh swords. My when I train with other people in there it's only with wooden swords. The problem is because of the size of the space, I have to truncate my movements and because of the nature of the support beams for the roof, I need to uh I cannot use a sewer inside. So, it limits me to literally a couple of months of the year where everything I can do that outside, but I cannot do that inside. So what I asked the architect who uh did the addition to our house, if I add pretty much just about 10 ft, which would be on

the west side, and we changed the nature of the roof, I would be able to train there safely. I would be able to swing a sword without hitting anything, and I would be able to train there basically year round. Um [snorts] the the part of my training I will have uh people no more than myself and three other people uh in there. I do not charge anybody a scent for it. We train together. Sometimes I learn from people. Sometimes I teach other people and it's literally just a brotherhood, sisterhood and camaraderie of sharing our teachings and our learnings with one another. The I came to understand that if the porch, the existing porch is pretty much in a state of disrepair, the stairs are kind of steep and it's very hard to open the door and get one person to walk in there. So, I had suggested why not just put a porch to the end of that. I found out that if the porch was covered, that would be part of the enclosed area. So, I told my architect, look, we can just get rid of that. Uh the only thing I'm asking is that the extension be allowed so that there can be safe training inside the space. The there are two neighbors on the proposed west side. One of them has submitted a letter of support which uh was submitted on the east side. That neighbor also submitted a letter of support. The neighbor across the street uh Mr. Hasset submitted a letter of support and I know Sally from Stepping Stones is submitted a letter of support and she's also uh on this live. So I'm more than willing to answer any questions that anybody might have regarding any of that.

Thank you. And what's in the other existing shed? The other existing shed we put in with town approval. That's basically where I store my landscaping stuff. I do all the landscaping myself. So, um I shove as much stuff in there as humanly possible. Anybody who walks by will see me out there walking working on the yard most of the year because it's part of the it's now part of the pollinator pathway. I spend an awful lot of time uh making that uh property as beautiful as possible. And as you can see, I have proposed on the west side there's a trellis. So I can actually make that look a lot nicer by having uh flowers grow up it.

Very nice. So the patio behind it will remain and the

So the patio behind it um funny story behind that when I um moved in there was like no landscaping there. So this is my my pet love. I brought in some I brought in a back hoe. I brought in a uh excavator and it was really compacted clay. So I dug it all up, moved the rocks around, mixed it in with compost, put permeable cover over. And anybody who goes there now, there's tremendous plantings there. My teacher from Japan actually criticized me because I had mats inside there because I had not put the wood floor down. So I said, "Oh, no worries." So, I put some blue stone down that patio there and I said, "We throw each other on hard stone. If I don't care if it's wood or it's stone, we train safely, so it doesn't matter the surface." Um, it doesn't cause any flooding problems if it needs to be removed and I can get that addition done. I have no problem doing so because then I can train safely indoors. That was just a matter of of

I know it's a it's a beautiful asset. I I I think it looks beautiful. The fact that you have that sloping property takes it takes nice advantage. I take an awful lot of pride in trying to make it look as beautiful as possible. I have to admit I'm amazed because I thought someone was coming here saying I'm an artist and I want to expand my art studio so [laughter] I can pay more. But this is a more interesting story. I It is an art. It's not what people would consider a fighting sport. this martial art, my teacher talks about this is about protecting the people you love and creating a loving environment.

And when I work with people, I'm also a psychologist. It's literally the same thing. It's about teaching people to not be defensive, not be aggressive, learn to open your heart, love, and protect the space. And so that's a very sacred space to me, my training, for that very reason. I mean, I travel on a plane every other month. Uh, probably about 100,000 miles a year on a plane training and plane training and teaching because I am I've been doing this for 50 years. So, I'm very very dedicated to this pursuit. It's my passion project.

Well, we have five letters of um in support. That's a record. Every neighbor, excuse me, that's a record. Every neighbor saying they like they want to go forward with your project. I think we had one neighbor who just wanted to make sure with parking and I know you have your driveway that extended to one my next door neighbor um Don Mara Yeah. said, you know, are you going to use this to bring in more students? I said, no. I said I I don't

It's called family style teaching. It has to be very personal. I used to have uh two commercial dojoos. I was by coastal, one in Napa, California, and one in Mount Kiscoco. And fires of 2017 chased me out of Napa. I got rid of the co shutdown. I got rid of the commercial dojoos. And I'm very invested in in personalized teaching. And I told him, I said, "Look, I have two spaces in my front. I can put three to four cars in my um driveway, and there's that one portion of the driveway. At some point, I'd like to expand it, but no, there I would not allow that because it doesn't create a safe environment." And it also doesn't create a good learning environment and that comes first and foremost to me. But also, you know, Don Mar has children. I don't want to create any kind of hazard on the road where children's uh safety is problematic because people have cars all over the place. I don't want that.

So, get the the the space expansion inside. What would what would you envision is the need for the porch enlargement?

So the porch enlargement I just thought aesthetically I don't need it enlarged. Um I just thought you know my neighbor on the south side sorry it would be the east side if he's looking at something and he sees what's existing there it doesn't look really nice. He and I landscape together on our adjoining properties and I was like you know what I my architect is very good at trying to make things look beautiful and I was like it's a beautiful idea. I mean is the addition to our house was an remarkable thing that other ne other people in the neighborhood have used for their own homes. So I'm I'm but functionally

functionally there's no function to it. We're just we're just looking at um you know it's a pretty substantial increase. What's there is literally about the size of this. So I I don't mind not having a roof over it or even shortening it. But I would just like it a little bit bigger so it's safe for people to walk up and also angle it because it's a steep step and in winter times. Okay. It it's a danger. So, I would much rather make it a safer um more gradual incline so it's safe. This is more about safety than anything else. Right.

Is it uh is it correct or is it an error on the plans where they have flagged here proposed deck on the main house? You see that note? I think that's just leftover. There's a back there's a small little portion that was that came with the house. Yeah. I've actually had to fix it. I'm going to need to fix it again because whoever put it there originally didn't do such a good job with the um You're right. It says proposed deck, right? No, that's where I don't think that that's intended to be labeled proposed. Ah, am I correct? Am I Am I correct there? Is that just an error? Oh, there was no there is no proposed deck for the front of the house. No, it's in the back.

This is the This is the road. Okay. The back of the back of my house. Also, the Oh, so we have uh the proposed deck for the back of the house. We have an old dog and the steps are too steep and it's very very narrow and it's hard to walk out one or two people. So, I said, "You know what? If I'm doing the deck on the cottage, if I have something a little bit matching and it's it's narrow, it's not that big. I just want something like this." It makes it safer. but also I can put um planter boxes on there and grow herbs. So that was my thinking behind that.

I don't have to expand it that size, but I will need to change the risers because uh the dog is, you know, 11 years old. It's having hip problems. I just want to make it safer for the dog as well. And the uh architect said that the steps are too steep the way they are. So I said if we just expand that deck a little bit it just adds to the safety. We're just we're trying to identify where it fitted into the calculations and we found I'm amendable to making any of those changes. I mean that's not No, the deck on the house is fine. We're just looking at the accessory structure is calculated as a separate formula.

Yes. And if we need to take that the deck down or the roof over it or shorten it, I'm amendable to that. I But what's there I do need to fix. I just wanted to do it in a tasteful manner, in a manner that when people look at it, they say it looks really nice. Um, yes, this. So, I'm willing to make I don't need a roof over that and I don't need the full size. I just was thinking about it with my architect from an aesthetic point of view. I wanted it to look really nice to people. So this is the 15% at this part. Yeah. If it's uncovered. Oh, it's still all right. Whatever is necessary. I can I can shorten that. That's not a problem.

So I think I'm I'm going to speak unless anyone can. Um the deck on the main house is part of the main house couch. That's that's a nonissue. I just wanted to make sure I was reading the plans correctly because it wasn't called out in the application or not. So I just wanted to make sure I missed everything there. Um, but it is in in the chart there as noted. So that's that's fine. On the uh addition the art the I'm going to call it art studio. Um I would suggest on the porch area that you maybe cut that in half. Sure. Uh as far as the depth goes on it. And then I still would think that having that covered would be good to help protect coming going in and out of that. So I have

on the half. Could it be like halfway this way or or the or the width? You bring it back to the door. You gable that. Okay. So, still look to your point, it'll still look nice from from the neighbor view, but it also from your Can I take out? That's what we're talking about. Still roof that then you have what you functionally need, but not the extra porch. Yeah, that that would be wonderful. I have no problem. We will. All right. Yeah, cuz to me it's just an issue of looks and safety. I just want to get you the stair better stair. Yes. Because the stair there is ridiculous. Yeah, I know. The ice off.

The stairway there was icy. That they were, you know, the stairway up to the to the art studio was icy. Did you go in there? I I looked in the window. Yeah, there blue stones there. I was looking for artwork. Yeah. At some point in time, I'm going to I would like I'll probably widen them and make it more gradual just because it's easier in the winter time to take the ice off. Um, no, no, they definitely uncovered. They're they're very icy. Yeah, but it's but what's there right now and the whole bit. Yeah, I can work with those steps, but the steps actually going up the wood steps, that's not And the dog must be old because he did not bark when I went out there. Yeah, it's not. Yes.

So, I'm just trying to find the nicest way to make it look beautiful to everybody and also make it safe. Okay, that's right. Okay. So, um I that that would be my suggestion on looking at saves a little bit of that uh impervious we're talking about there the cover side of things. Um you and Roger want to That's fine. Yeah, we we can make a motion on it. Yeah, we can make a motion. Um do you want public comment? Yeah, public comment. We didn't do public comment at all. Is there anyone that wanted to speak on this application? Yes. Yes.

Could you come forward here and talk to us first because I think there's people on Zoom that want to speak. Okay. Well, we'll do you first and then I'll ask Sue. Got it. Thank you. My name is Greg Dapoli. I'm the neighbor to at the west I think according to his plan. I did not send in a letter so of u support for this by any means. Um my first question is how can you represent the town if you have a personal relationship with them and not recuse yourself from this?

I represent that I have it. If if anyone takes issue I can recuse myself if you'd like me to. I have no issue. I can step back and recuse myself. It's not an issue. I think that's only fair. That's fine. That's why that's why we share it as a matter of public record. So I have no issue there. I agree. Thank you. Uh Meredith, do you have to leave or in order? I'm just not gonna I'm gonna participate, but I did not. You can stay and I have no problem and I will step back from D. It's fine. No issue there. Thank you. Yeah.

Um so I have two big issues with this. Um one has one this is according to the town code. This is a home occupation business. Okay. Um the fact that he doesn't charge money he claims is not an issue here because in his letter to all of you he says he wants to have six people on site at a time. The home occupation law if I'm saying it correctly 12528 says you can only have five people a day and only one at a time. Okay. Just step in.

Of course. Yeah. No, no, come on. We have we have been uh alert of this prior. I forgot what it was last year. What? And we did do an investigation on it. there was a complaint about it and there is no we have no proof that any uh money or so where we are right now the way it stands and we have approached uh the owner here is that there is no proof that any money has changed hands uh it's not a home occupation because we h we do not have that proof so I understand what you're what you're saying but it's acting like a but we've been there multiple times even on weekends and we have not been able to come up with proof on our end So, I can only speak for what we see.

Did you see the activities going on? Our code enforcement officer was there. Yeah. And witnessed them uh as they stated um basically um doing their their exercises. But that's what he just informed the board of. That's what they do. But our concern is was there any money or any anything um given to him for his license and there's no proof of that. So proof of money exchange and that and as our code say it's this it's not a home occupation from what we can see just based on money

that is the and we brought that to legal also and legal was involved basically what we had we had nothing right please so based on what is your address I'm sorry my address yes 41 thank you

you're welcome so just going through the home occupation law because what he states on here versus what he states in your letter versus the home occupation law because I don't know what else to compare this to because if you say this isn't a home occupation respectfully then I can do I can have a gun cleaning club in my backyard and I'm going to come before the board and ask for a variance to expand my shed so we could have a gun cleaning club and we're not going to exchange money but is that a rightful use and I can have cars parked on the street because I also have pictures of him with his cars parked on the street. Right. This is one picture here. I'll show it to Al.

Yeah, sure. Absolutely. There's multiple cars in the driveway, multiple cars on the street. You know, that's a typical Saturday in the summer. Can I see that picture, please? Because I have one of my students here who can talk about this. So, not all of those cars were from people who were training with me. Uh, people also come in and meet with my wife who runs connect to Northern Westchester. So, even then, this is all on my property. It is not on the road itself. So, I have no idea what it's Yeah. No, they could keep that picture. Yeah. I don't need it.

So, thank you, Mark, for bringing that up. So that means there's a second home occupation occupying this structure that we have to contend with living on this road. Okay. On Woodfield Road right now at the end of the street on Cherry Street is I believe she's a kinesiologist or a chiropractor. There is a septic contractor who parks his machine in the driveway and has now posted on his mailbox his septic thing. We have Aikidoarts of Shin Voodoo Kai Incorporated. Just so I don't know what you're talking about. What was that? That doesn't exist. It's It's on your Google page. When you put your address in, your your website comes up. Google page. Well, that's not my fault. I'm only Nor is it my fault

because I took all that stuff down. Nor do I teach I correct.

I don't know. You Google this stuff and it comes right up in his under his address with it. Um, just going on it. There's another business that has a truck parked in it every night on there. And plus, we have stepping stones that we've been before you guys before and we contend with as well. So, at some point on Woodfield Road, people who want to have a business or a quasi business or something like that should just take it into downtown Beford Hills and train there. I have no problem or issue with whatever he wants to do, training with sticks and live swords and all that. Completely up to him. Everybody has that right. But when it infringes on our rights, on our street to live a peaceful existence, that's when we want to step in and say something. So the other thing with the um 12528, it talks about the limited number of visitors. It talks about having only on site parking, not street parking, which this is clearly violating. It doesn't have a special use permit or anything else. and and and I respectfully with Al because I know Al a long time. I don't buy that if there's no money exchange that doesn't still constitute some type of business going on there. There's other methods and means in order to gain something out of it. He's well respected and he's all these other things that he gains out of doing it. That could be his form of monetary payment. I know. Well, now he admitted that there's two occupations technically going on there. his wife's business and his studio business. All of this interferes with our neighborhood. Um then if you want to go through his letter where he gives the five reasons about the variances, the first one, this granting of the variance will create no undesirable change in the character to the neighborhood or detriment to nearby properties. No one else in our neighborhood has an accessory building that when he

purchased the property, it was an existing non-conforming structure that has this legal CMO, right?

The studio has a CO, right? It was brought in. He also added a shed. So now he wants to double the size of this accessory building because he wants to train with six people in his accessory building. That is self-created. he can easily go rent space in downtown and do all the karate training and studios he wants. Um there's no feasible method other than this variance to cheese the benefit of this addition to his property. This is his problem. He can go rent space. I keep repeating that he does not need to expand an already large structure even larger from my backyard. When he first moved in, he clearcuted the entire property. There are no more trees on this property. He's got beautiful shrubs and bushes.

That's a dishonest statement that I can prove.

So, there's no tall anything to stream this at all. I clearly see the shed. I clearly see his cottage or dojo, whatever he wants to call it. The back of his dojo, his his patio that you refer to is beautiful, is elevated. So the height of his patio and the height of his thing, his dojo is above our shared fence line. So everything is clear as day. I hear them every Saturday in the summer fighting with each other, making noises, sticks, whatever they're using back there. I don't know. I don't care. It bothers us. We can't enjoy our home on a weekend because of what he's doing every weekend. Okay. um which is another issue in 12528 that says you're not supposed to make noise outside of your structure if you're a violin teacher or anything like that that creates noise. Um step four, if this variance is granted, there'll be no adverse effect on the impact or the physical or environmental conditions of the neighborhood. I believe I just outlined that for you. All of this, everything I've said is an adverse impact to our neighborhood. Okay? He's misleading you by saying I gave him an approval. I'm the neighbor to the east. I certainly did not give him an approval letter on this.

Um the very mislead I would like to point out David Schwarzman which is a neighbor right next door to him right here. Mention you. Would you like to disagree? I Yes. I'm the direct neighbor to the west. Am I also? No. No, he's not. Can we? No, his property doesn't touch your property. Right. Should everybody start speaking out of turn or am I allowed to have my moment? You have your You can have your moment.

Thank you. The variance [snorts] is self-created and he admits that it is indeed self-created to meet our needs. There are other alternatives to this. We don't need this in our neighborhood. Um, the other concerning fact with his the beginning of his letter is that he wants to use live steel swords. I I have no objection to that, but there have been incidents at his home where the police have come this summer alone. I don't know what they're for. You can infer things from the police bladder, but I have no other justification. I hope and pray that these weapons that are in his home are secured properly and treated with respect because there's other people around in this home that have have access to those weapons. I don't know. I don't know why the police have been called there multiple times. I don't know what these weapons are stored or anything else. I hear them. I can see them. But I I just worry about what happens if those weapons get into the wrong hands if they're stored incorrectly. You know, I don't know if that's a legal issue or not, but that's a a a legitimate concern of mine. Um, with all that, let me just read my notes real quick.

What number is he? Is there any rules or regulations in the town about storing of weapons? No. Well, no. I'm assuming that there must be guns, swords, firearms, right? But it's a sword. A live sword, right? Right. But a live sword could be considered a deadly weapon. A gun, right? We don't say anything, right? I don't know if that's a legal question or not. Right. Right. Okay.

Okay. What's the existing height that this uh shed can I mean um dojo can be uh any excess structure tax 20 ft. So he could be literally 20 ft higher than to the peak. Okay. As the house Yeah. Right. Because my house is lower than his. No, but I'm saying my house is here. Are you on the curve? Yeah. I'm a pie shaped. Okay. You want me to point it out to you? No, I think I think I we see it. No, we have it. We have it. My my property is a pie shape and I'm on the curve. Curve. Yeah. Right. Right across the street from me is stepping stones. He's got the height. Yeah.

Yeah. That whole 1410 is completely visible from that property because it's elevated along with his patio, right? And there's no shielding. Um this accessory building when you read the code about it it's fully conditioned space electric and everything um building it's not fully to be fully air conditioning heated gave a letter this name space it's considered a habitable space this is his house back there that's going to have to be this is his property to the left

and the square footage that you put on the thing that doesn't include this covered porch This neighbor has so this 465 plus this. Okay. No, if you read 41 41 Woodfield 49, but it was this page here. See, here's the size right here. 7 ft, right? Which one is the traffic? Right. Cuz he's saying 465 for that and the existing is 224. That's more than double the current space. Yeah, it's over 200%.

Yeah, the traffic is the same. Now, this is what we have to give. So, then it has to come back. Well, no, but if they if they approve it, then we'll have these plans by Mr. Le. So right now I calculated 225% buildings.

That's why I think there may be a mistake with that. But he's not finished. It's over 200% increase in space. Not Thank you, Rich. Yeah. Not including the other ship. That's a service, right? It's going from 225 to 465, right? And he's within legal. He doesn't exceed his setbacks. He doesn't exceed building coverage. He doesn't exceed service coverage. He exceeds the code and you can't exceed more than any accessories,

right? But everything but everything else. So, so Al, yes. What are the regulations visav regardless of we're not talking about what's going on in the house, outside of the house, whatever. What are generally the off streetet parking regulations for this a street like this? What are the rules? Off street parking that has nothing to It's permitted the parking on the street. I think uh and what is the driveway along sorry I I mislabeled a couple officere parking along on the street along the street

parking I I don't know what the regulations are by the police department but I believe you can park on on on that street you can't parking right you allowed to park in front of your street on on on yeah except for from now till 9th or whatever they could do also but I'm just on the street. But in line with that, what is the capacity of his driveway? I think he was describing it. He he can get I think that picture that I gave you shows three cars. Looks like that's in his driveway, right? That's in his driveway and on the street while he had one of his sessions. Oh, are those cars packed parked in the street area or on his property?

So, these cars here are in this driveway. I apologize for it being granny. And then these are additional cars are on the street due to his wife's business. Right. But are those they don't appear to be on the street itself. They appear to be off. This is this is Woodfield Road. They may be on the grass like one tire, but the majority of the car is on the the thing. Woodfield Road comes to a crest here. And as you come down, that's where these cars are. So you would you would be happy if cars were parking in his driveway that they would be capac the capacity of the driveway. I'd be happy if he took his business down to Beford Hills.

Do you see sir any m I'm hearing from our building department by regulations that his that what he is doing doesn't qualify as a business even though I know you feel it is and what you're seeing makes you feel that way. He what Al said was it doesn't qualify as a business because there's no monetary exchange. Right. Right. But everything else qualifies as a business. He states in his letter, six people at a time to train where the home occupation law, is that what it's called? The home um home office says you're allowed to have five bewilders per day, one per time, right? But you could have six friends over for a poker game every Friday night.

But he advertises Tuesday, Thursday, and Saturdays for this. When you say he advertises, are do you see any mitigation that would satisfy you so that you are not feeling the the the the brunt of this experience that you're you're do whatever he wants in his own home. I don't think he should be inviting over six people on on three days a week to conduct this training. If he wants to conduct this training, he should mitigate it by renting space. There's a karate studio in Bedford Hills. I'm sure they rented space. You're going We're going be beyond the argument. The She asked me a question.

No, I understand. But you're constantly going beyond the argument. But what what I what I like to establish is where are we in terms of what's regular u on street parking, off streetet parking? Nobody parks on. Hold on. Where are we with back backyard noise? you stated that, you know, you you cited the the the items that we look to use to approve change in character of the neighborhood, yada yada, all that stuff.

I'm trying to understand what it is that you're saying is going to affect or change that with what we're doing. And I'm trying to relate it to what are actually the laws right that somehow restrict or miticate that behavior because we are we are look look at this very seriously right we don't want that uh we don't want the change in the neighborhood change and the structure itself the accessory use the structure itself that doesn't impact the rules right the rules of what the rules of what we tried to follow as a zoning. Yes. Yes.

What all the things that you're saying is is that well I'm impacted by what goes on in his house and in his backyard. Correct. The structure itself we're we're not we're not sure yet whether that ties in with that. Right. So the purpose a struct every structure has a purpose. Right. Sure. Some of these structures if you read the code about accessory building they're mechanical sheds. They house mechanical equipment, pool equipment, cabana for pool use, everything like that. This structure he's defining as a dojo where he practices martial arts. Sure. Whatever the proper name is.

Um, and he's having six people and advertising for people to come to his studio because it's climate controlled and to do all this. So when you look at all of that and you read the home occupancy law, he's defining this as a business, but I don't get paid for it with monetary value. But but that's what how the structure ties into it. Understand that's the argument you're making because because the structure has a purpose because you don't like it. Well, we need to get to this. We need to get to where we are in the law. It's not that I don't like it. I think he's violating laws just because he's not not saying he's not getting he's not getting paid monetarily.

Yeah, but that's that's beyond what you should. But the structure has a purpose. Every structure has a purpose. If he turned his house into a boarding home and he's having but he's not Let me make my argument for a second. You're you're changing the complexion. If this is declined, he still has the right to do what he's doing. And every Saturday and every Saturday during the summer, whether you like it or not, he gets to make all the noise in the world versus potentially he has a big building and he goes inside and the noise is abaded. Correct.

So to an extent, you're making it harder on yourself and your lifestyle. And I'm not saying you don't have the right to do it. Does my lifestyle have to do with his lifestyle? No, you say you oppose it because of the noise on Saturdays. Correct. So, if he's indoors and that noise is abated, that noise is not something you have to deal with on a Saturday because he's inside a building where the noise is limited. Well, he says he goes out during the summer on his letter that he does that. I I understand that. I'm just explaining that even

But but that's but you're you're reinforcing my argument that this structure has a purpose. He defines the purpose of that structure in that letter that he sent to you. Right? If he said he was painting, you know, butterflies in there and he just went in the structure and he did that in his backyard and didn't disturb anybody, who cares, right? But he's having live swords, deadly weapons in his backyard with people we don't know, right? And he's inviting people. I've got Facebook post where he on Katona Lewisboro Facebook where he's asking, "Hey, I had a family move away. I'm looking for three more students to come join my sessions." Right? So, he's that's another thing of the home occupancy law. You're not allowed to advertise. So,

you're you're asking us to enforce a law that is not part of the zoning. Are you a quasi zone? Are you a quasi law legal? Yes. Right. Right. So I'm bringing up legal from your building code right to prove my point that this structure is violating the laws. Why? So so it's self-created. Do we agree? Do we disagree? This hardship that he wants to increase the studio for it is self.

I think we you know we have seen many applications where people have a an accessory building and they're doing yoga or they're doing you know other things. I think maybe the issue for you is the noise. If it was a a yoga studio and friends were doing yoga or another type of club, it would be less bothersome to you. But uh I think you're concerned about what they're doing. But what what they're doing, what he practices is as long as he's not harming anybody, he has the right to practice it. You know, I I can't answer that, but I can tell you the police have been there twice. Yeah. So now I just want to make be clear that you're stating that they are advertising. Yes, I have it.

Okay. So now I would like to look into that. I would suggest for the board to adjourn this up to you. Uh so then we can have a chance to take a look at uh this complaint and um because it's first time we're getting it now since the last time we were there. Uh, and I think we could speak with our attorney. I have Eric brought it up. Might ask before it's [snorts] I have a student here who can actually I think you have the right to get up in response. So, you know, just give us a minute. Give us a minute. No. Do you want to keep that? So, are we are we accepting [clears throat] he would like to respond to what was said? No. Just trying to finish with what

do this on Facebook? Yeah. You don't pay for Facebook? I don't think no no it's not I don't pay for you type of No we've been through this but the reason why I said I want to look into it is if you have a website and you pay for the website then consider and you advertise it on your website then there's an issue but this is this is we we just went to it as legal. Yeah. If it's Facebook you don't pay for it. So I'm going to withdraw what I just said to you guys. If you still want to talk to Eric, that's up to you. But you he just clarified that it's Facebook and I was just told by Eric in another case that Facebook is not they don't pay for it.

I I think the one thing that has to be clarified on a website is whether or not this is a home business as this gentleman is asserting. But I think what you're saying because there is no finance proof. That's what I was going to look into his complaint. If it was a website and that he's he's advertising, then I would I would be worried about it because then you do pay for that website, right? But he just clarified it and said that it was on Facebook and Google pay for Google. Well, we can as a business you can do you you can adjourn it, right? And we can have legal com and I I think that's the only way.

That's his Google right there. Comes right up. However, other thing you could suggest is that he goes back, right? Forget about that. Go this way. He's truly impacted because of the angle, right? The garage, you know, kind of keeps it aside. It's like landscape. This might just be a better way to to manage the exist [cough] maybe maybe we could discuss something but you

may speak yeah just second I'm almost yeah as long as yeah so let's um we've heard what you're having what you have to say and about everything else about the visual impacts to the neighborhood

let's let's hear something out who else you got it thank Good evening everyone. My name is Richard Tassone. I live at 65 Richard Tassone TS and Thomas A S O N E. I've lived at 65 Oak Road for about 30 years. Um uh we've been through a lot together uh with Stepping Stones and and I think came to a a phenomenal uh resolution uh with that and are working really really well together right now. Uh, I love the relationship that that the neighbors now have with with Sally and with Stepping Stones. Um, a lot of the things that I brought up and a lot of things that zoning and other boards looked at at the time um was you're trying to settle basically some paperwork uh at the at the time. Um, it was when I moved into the neighborhood 30 years ago, I checked to see if Stepping Stones was a residential property. It was. Cleaned it up. We got everything in order with that. When someone stands here and says that they have a business in Napa and a business uh I forget where Mark I forget where you said Mount Kisc

and you've now closed those and you're inferring that you're running a business, a family style training, whatever you want to call it, whether there's an exchange of money or not. Where did those businesses go? Uh I I think he was inferring that it is a business. And I think what Greg was in was suggesting is if it's a business that's fantastic. Go and rent a space or find a space to train. But that's not the only business that's running out of that house. My daughter was a senior in high school last year. Every intern for Katona [snorts] Connect, Westchester Connect, I believe you're all familiar with the magazine. You've probably been highlighted in the magazine. Um, the interns go to that property to that house. That's where they intern out of weekly. So, it's not just one business l that you should be looking into. It's two businesses.

We're writing it down and fantastic. The first time we're hearing No, I that's fantastic. Years ago, Lee Roberts didn't know that there was a uh a daycare down the street. So, I totally understand how that happened. [laughter] Yeah, absolutely. What concerns me over these 30 years is what's happening to the neighborhood. Same thing as stepping stones. When, as Greg mentioned, when I go down my street, which is just, it was a quaint little street would feel turning onto Oak Road. There's a chiropractor. Then there's heavy equipment that's been in the yard. It's a storage yard for Katona septic. Third door in.

Do you have the address on that? the second door in on the on the right, second driveway. And no, I don't have it. You can look at the mailbox. It says Katona septic on it.

Bill has it. Love him. Dear friend, his equipment is stored in his yard. Um, in his front yard, it's at Stepping Stones. We talked about having resolved those issues. How do you def You really, if I may, need to think about how you do define a business because there are multiple businesses on that street. When I go down, when I'm driving out of of that street, Greg could mention that there's a hill and there's a crest to a hill. Dog was run over by run over on that hill. The sighteline is atrocious. You cannot see over it. Um,

have you given has anyone given us a complaint about this? multiple times during the stepping stones. I believe before you were here. Yeah. I I get tired. Yeah. Whatever it is now, like you have a complaint. I I would think that's why I'm here. That's why I'm here tonight now. Um and that's that's why I'm bringing it up again. Um it's been it's been quite a few years. It predates you actually being in here. They've done a pretty good job at stepping stones.

This isn't about stepping stones at all. This is about there's a rise in that hill where when you have the cars lined up as you have in that picture, a car has to move onto oncoming traffic and it's a blind prayer over the top of that hill in either direction. Please drive it. See for yourselves. I just I just want to understand after this is adjourned if you're considering enlarging a space it's 465 plus another 101 that's five the shed that's 565 which separate talking about the separate

the separate shed I can't build on my property 100 100 square feet and 100 square feet and 100 square feet and 100 square feet accessory structure. Okay. He's here for that one structure because he's over the five% on his property for his the size of his for the And what I'm saying is he's not 2% over for the size of his property. He's much further because for the size of his property [clears throat] there is this structure and another structure. Okay. But you're allowed a certain amount of building coverage for each zoning district piece well within you're getting them mixed up for two different things. You're allowed certain amount of coverage of building coverage on your property, right? For each zone,

right? Then there's another ordinance that states, okay, for any accessory structure, it can be not be bigger than 0.5% of your size of your property. That's two different things. So I could have I'm going to interpret that just for a second. Let me show you something. So I'll try to explain. I think I do understand. No, there's two different when you when you calculate everything, you take all the building. Yeah, it's%. Yeah. See, this is one. Forget about that. This is another one. Okay. None of these are over. Now you take all of the coverage of everything here and then you show me what you have on building coverage. And then everything else is impervious like And what I'm saying is he didn't include that.

But this this does not it's not attached. is a separate structure. You're allowed to have a certain amount. You're allowed um 0.5,000. You're allowed uh what is it? Uh 15% for building coverage. He's at 11, right? So, he's well under the the the amount of building coverage. Hold on. And then impervious, which is walkways and all the buildings, you're allowed 30% and he's only at 16.2. Now where he's over is here is the struct this structure itself because he's enlarged it. You cannot have any structure accessory structure bigger than 0.5% of your total lot area. Got it. I'm just pointing out I totally understand.

But that's what the board that's the only thing I totally understand. What I'm saying is as you're considering businesses and structures, what I'm talking to you about is I could build five smaller structures on my property. You could if I wanted to. If you and my neighbors would have to deal with it. If if you meet the setbacks and you meet the coverages. Yes. If you're over in anything, then you're you're afforded the same right as anybody else is to come before this board. And yeah, I have a problem with that. So, I would I would I would come back I can only go by totally understand by the code. He's well under with everything else. But this structure is oversized and that's why they're here. Totally understand. Totally understand.

Yep. Thank you very much. Okay. Thank you. Thank you. Okay.

Hi, I am a student of Mark in the dojo. Yeah. What's your name? Ed Schwarz. Okay. Uh a lot of crap being thrown around here and I want to try to set the record straight. First of all, this is the metal sword. She's not participating. She's not allowed to touch. Let's see. [laughter] This is the metal sword.

A wood. He's They said it was metal. Can I clarify that? I'm the only person who owns what's called a shinken, which is a steel blade, and I'm the only one who ever uses it, and it's always secured. That's called a bowen. That is a wooden practice that other people are allowed to use. I would never allow anybody to use steel. I see. Okay. Thank you. I've seen them. I have practiced with practic.

Okay. Furthermore, we use this for kata. There's no touching of swords. So, there's no clanking of swords during the class that makes noises. The only noise we hear is on Saturday mornings when there's loud music coming from our neighbor. Okay. So, that's regarding the swords. Swords. I trained for about two and a half years and the majority of that time has been two students. So, I'm not sure where the six students come in, but it's uh the most students I've ever trained with have been three. As far as parking goes, there's usually one car parked in the road, and that's mine. There's room for any of the other cars were always in the driveway. Um, I can't comment on the architecture. I can't comment on the neighborhood, but I can comment on uh how it was as as a student. Uh, it's a very quiet martial art. There's no grunting, there's no growling, there's no yelling. Um, [cough and clears throat] how long are the training sessions, sir?

Uh, Thursday it's 1 hour and Saturday morning it's an hour and a half. Do you pay anything to the applicant for the training? and and and and personally I don't look at it as a business because it's more like a almost like a family thing. Okay. Thank you. So Thursday and Saturday you said that's when he trains Thursday. Thursday late afternoon and Saturday morning.

Yeah. One and a half hours. It is on Thursday 5:30 to 6:30. Saturday from 10:00 a.m. to 11:30 a.m. And those are your only sessions. Yes. If um if people visit me from out of the country or out of state is when they can make it and then we only go inside just oneon one. Okay. Because that's when we're sharing our experiences. My wife um was born and also Sally was on waiting to the third the Thursday um time frame is what? 5:30 to 6:30. 5:30 to 6:30 p.m. Gotcha. Thank you.

And Saturday 10:00 a.m. to 11. 11:30. Yeah. Okay. Gotcha. Did someone on the I'm sorry that's on the uh Zoom call want to speak? I I would like to speak. if you could introduce yourself, please.

Sure. I'm Gia Miller. I'm Mark Abrams wife. I live in the house with him. Um, I can attest to some of the things that were just said, such as the the cars. One is in my driveway, one is parked right in front of our house. Greg's house is right past our house. And if you're familiar with how Woodfield, how you drive into and out of Woodfield, you basically drive in and out the same way. So no one is even driving past Greg's house at any point, whether it's to come to a class or from a class. They drive to our house, turn around, and go back out. And it's really only two people, sometimes just one. Um, as far as the noise goes, when I take my dog out into the backyard to go to the bathroom and they're training, I can't hear them. So, you know, perhaps Greg has very exceptional hearing, much better than mine, but I can't hear a thing in the dojo. It's very quiet. Um, and then they're like like they said, they're only there for that one hour on Thursday and the hour and a half on Saturday morning and that's it. There are no rows of cars and cars flying through the street or any of that. Um, and I do want to address the accusation about me running a business out of my house. I am the editor-inchief and co-publisher of Connect Northern Westchester magazine, but it's not a home business. There aren't business meetings at my house. Um, what he was uh Rich was referring to

with interns coming to my house every day when the seniors at the various high schools have their month-long internship at the end of the their school year. Um, sometimes they come to my house and we talk for like an hour, but once again, that's only one month out of an entire year. And they're not really working at my house. We may be talking to them a little bit. We also will talk at my business partner's house or we'll go to a coffee shop. It's just a place for us to connect in person about what they're working on and then they're out in the field, so to speak. um they're not sitting at my house with laptops and and working all day and [clears throat] you know there's three of them maybe four so it's again not like giant numbers and they all park in front of our house or in the driveway. So um you know none of this that has been said seems to be a actual real concern or issue. Um, and I agree with the loud music and the noise coming from next door, but you know, we're pretty quiet. We tend to keep ourselves to ourselves and uh try not to cause trouble for any neighbors. That's it.

Thank you. Who else was on the Zoom call that want to speak? All right. We had I know we had more people there. We have come on up to the microphone. Please introduce yourself. Sure. Good evening. Greg Garno, 49 Oak Road around the corner.

Um I I do think it's important to point out that there really aren't auxiliary structures in the neighborhood. While that's I believe has a legal CFO, I think expanding the the use of that really brings something that's out of character for the neighborhood. As previously mentioned, I will go through it all uh with stepping stones with the various other businesses that are in the area. I think expansion of that structure to increase the usage is really not something that's in line or in character with the community and the neighborhood. It's a lot of kids in the neighborhood, a lot of bike riding, a lot of people walking. There are some visual obstructions on Woodfield that make it very challenging. Uh so I I do think it's within not here to understand or represent the zoning laws but within the consideration of the expansion of the auxiliary auxiliary structure is very out of character for the neighborhood because I don't think anyone else has any similar structure lot of sheds uh but not a similar structure as that it's very unique for our neighborhood. Um so I would ask that that please be taken into consideration.

Thank you. Was there someone still on the Zoom call that wanted to speak? I have the opportunity to address some of the things. Uh yeah, just in just a minute. Anybody else on the Zoom call? Uh you're if you're speaking, you're um not coming through. You have to unmute yourself.

I My name is Kate Halan. I live at 69 Oak Road. Um so up the street in the neighborhood. And I just would like to reiterate what has been said so far. Um I'm a little confused about, you know, Al emphasized how many things were not a variance, but the fact that we're at this meeting is because there is a variance that's being requested for this work. So I appreciate all of the things that meet all the existing code, but the fact of the matter is some there we're asking for an exception here. um the suggestion of having a poker game every Friday night. Um I appreciated that, but I wonder if I had come here asking for a variance to build an accessory structure on my property so that I could have a poker game every Friday night. Um whether that would be a reasonable request that would get um approval for a variance. And I just it feels like a slippery slope. start allowing these variances to go through because they are not in character with the neighborhood. And my understanding from having sat through this meeting tonight is that the things that you consider when you grant a variance are health, safety, and welfare. Um the parking issues that we talked about on Woodfield Road are very real. We have a lot of young kids in this neighborhood that do ride their bikes and the slope up on Woodfield where this house happens to be located. It is a blind hill. Um cars parked on that road are a major hazard. We deal with it with landscaping trucks. um to make an accommodation for this use where we know there will be increased traffic really concerns me um being a parent of young kids and I just I'm not sure what

the recourse would be if the variance is granted the structure is expanded and the traffic on the road increases I I don't know what you know we're able to do at that point in time to to correct that um And secondly, the suggestion that by enlarging the structure, the the noise will decrease. It seems like that could only be guaranteed if there was a commitment that all of the practice that's currently taking place outside would be limited to happening inside the structure. Um, again, that's one of those things where I don't know if that can be enforced. I don't know if that can be a condition of the variance. But it seems like in order to make this reasonable, you would have to have a commitment all of everything will move inside to take care of the noise complaints and that cars won't be on the road creating a safety issue um on that hill. [clears throat]

Thank you. Can I just Do you hear the noise the alleged noise at your house? Ma'am, I cannot. But I am also up the road at the top of Oak Road where Oak and Lily Pond connect. So I don't think I'm close enough to be bothered by the noise. I can't comment on the noise. I can comment on the cars on the road on the rise of Woodfield and how hazardous it is um when there are cars on that road at at that particular section. Thank you. Yeah. Can I can I just respond and address something?

Yeah.

Um, first when I spoke before there was just one person from Oak Road. Now, there have been three, which I find interesting because again, the cars that the two cars that come to our house drive from Cherry to Woodfield to the house and then they turn around and they leave from Woodfield. So, there's no increased traffic from [clears throat and cough] from these cars to Greg's house or to any of the houses on Oak Road. And if you're familiar at all with Woodfield, our location is you go over the hill, which by the way is not our fault that a hill is there. There is one house kind of at the bottom of the hill and then we are like flat road after that. Um, so there's not some sort of issue where cars are constantly coming right over the hill to go to our house for this. It's, you know, again, there's another house before ours on going down the hill. Um, I just wanted to make those two points because they seem to be a bit misleading. Thank you.

Thank you. Yeah, just to clarify, she is 100% right. There's the traffic does not come past our house on Oak Road. I mean, people could in theory come in because the neighborhood is connected on both sides. You could come Lily Pond down Oak to Woodfield. Um or you can come directly from Cherry onto Woodfield. So, in theory, traffic could drive past. That's really not the concern I think any of us that live on Oak Road have. It is the parking of cars. Um potentially many. I just don't know any way of guaranteeing how many cars will or will not be on parked on the road in relation to the use of the structure. Um that really causes safety concerns um [clears throat] for

Gotcha. Thank you. Have any of the cars that have been parked there these last year or two affected your uh you or uh people that you know uh driving by that area? or are you just talking about in general the the use of parking there?

So, I I can't say for sure. There's no way for me to know who the cars belong to. I wouldn't suggest to say who they belong to, whether they were friends of, you know, Gia or coming for the martial arts, you know, gatherings. But the fact is cars on that road, yes, I driving past them, you have to avoid them. And whether it's a landscaping truck, you know, parked or somebody that's having work done at their house that has contracting cars out, it doesn't matter. The fact is that cars parked on that particular section of the road do create a safety concern. Um, and G, I agree, it's not your fault that you live on a hill, but that's the reality of that particular section of the road.

Thank you. Thank you. I just wanted to quickly say because Gia keeps saying that I said cars are driving past my house. The only cars that drive past my house are like stepping stones and the neighbors. Their cars don't drive past the house. It's what um Kate just referred to. It's the cars parked on the street and not in their driveway that's the issue. It's a very unsafe little hill there. Um you know there's children, they have children. Children are playing there. When cars have to come around and go in front of Mr. Mar's house, that's the issue. I never once said traffic past my house. It's the parking on the street is the major concern. Okay. Somebody else wanted to speak there. Go ahead. Thank you. Sorry. Your name?

Uh Don Mara, 32 Woodfield Road. Uh I came late. Um but I am directly across the street from Mark. Um I told Mark a couple days ago, my my main concern is the same as a lot of my neighbors, which is just the parking. Um, it's not that as Gia mentioned, it's not that the the uh folks see Woodfield is a little bit of a pass through street. You have to you have to use Woodfield to get up to Lily Pond and some other areas. And what happens is it's narrow and when cars are parked on any side of the street, whether it's mine or Marks at that exact spot for kids especially, it's it can be very tricky to say the least. um because there's it's just not a not not a wide enough street for people to get uh get through. So um the expansion of the um the structure uh at Mark's house would be the only reason I didn't sign the uh paper that Mark had asked some of the other neighbors to sign which I mentioned to him was because of the parking. And I don't think it while the student that Mark was uh the student one of Mark's students that came up here earlier said while he's there he's the only one there or maybe one other that's his experience but that's not always our experience cuz we're there we live there so it can be two to three cars on the street at one time. So I think that's important to

the cars are attributable to his home those cars. Yeah. There's Well, it's not a wide enough street. It's not a wide unless they park in Mark's front lawn. They can't be completely off the street. You have to have one maybe one tire on the road, but the rest has to be on the street. And then to get past the cars, it's not an issue for me because my house is right there. But to get past the cars, you do have to go It turns into a one lane road. That's period. It turns into a one lane road, right? So now, are there parking regulations on the street? No. No. Nothing. In other words, are there not in what way? Are are cars permitted to park on the street? Oh, sure. many I I assume so. I mean, everyone the location seems to be real concern to you where it is the curve of the street and all of that.

Correct. It's it's well, you have to go to everyone's point, you have to go over a hill and then once you go over that hill, it's Mark's house is on the right. If you're going um and then my house is on the left, directly across from each other and it's it's narrow. So, if there's cars parked there, whether it's mine or anybody else's, it can be mine. somebody's at my house or what have you, but it could be anybody's that's parked there. It turns into a onelane road. So, in theory, even though it's not a business, it is there's people there regularly that you know, park on the street.

And in theory, if it's expanded, even though Mark gave me his word that it wouldn't, the reason I didn't sign is because anybody gives me their word, I'm not I'm still not signing something because I just don't feel comfortable. I don't know if that's going to be the case. I don't know. It could be five cars on the street at one time and you only need one bad situation. There's been bad situations on that street and I have young kids. So that's it. Thank you. You got it. Thank you.

So, as my wife pointed out, we actually are not on the slope. We're at the bottom part of the slope. Um, and Don has mentioned he is parked on the road. we have parked on the road. The monopolies have had parties where the people parked in the road in front of his house. People are sensitive to that and people are very respectful of that and people don't abuse it. Um it's never been an abuse where people will come up and say, "Could you please move the cars?" And people do. That's just being good neighbors. One person made the incorrect or there could be other words for it assertion that because I closed commercial martial arts schools that therefore what I do is commercial. It's simply not true because when you run a commercial place you need volume. You need children's classes. You need adult classes. They're multiple days a week. I did that. I don't have an active paid website for anything. Iikido arts of Shintokai was years ago. 2015 I stopped teaching Iikido. So the accusations that there's something active or that there's something being paid is incorrect. In Facebook, I let people know that, you know, there are some openings. And what I do is I will interview people. And if you're going to be part of this family training experience, it has to be a good fit. I'm not looking for students because I need money. I have a successful career as a psychologist. What I do is I look to share a gift that is given to me that I give with others. Don will be the first to tell you that I've offered to work with his kids for free. It's just sharing the information. to say that it is a business is absolutely incorrect. The existing

structure if if they want some kind of thing that the only outside noise that we've had is the donopies have taken to playing rap music Saturday morning when we're out there trying to train at the end of the summer. I just tell my students, ignore it. It's childish behavior and I don't need to engage in childish behavior with other people. It's simply not appropriate. We do not make noise. We do not clang weapons and nor there be steel swords. There are guards where oh my god they're police that came by the house. So personal issues and it has nothing to do with domestic violence or weapons that he would use that just speaks to the kind of ad hominant attacks that he has to resort to as opposed to the other neighbors who do butress the properties also who are supportive of it. The structure itself is not going to be seen that 10 ft. You're not going to see that from the road because my house blocks it. The only thing that this space is doing is creating a safer training environment for myself and the people who I choose to work with. If people want me to come here and say, "I guarantee that those two cars are in my driveway." I have no problem doing that. That's not an issue with me. If people have an issue with me being outside, well then certainly I don't see why they'd block me trying to expand this so that I can be inside and be safe. The reason I'm outside was because it's not safe to do that training inside. So if you look at the letters of support, these are also the people that are neighbors.

They do so because we all get along. that there's one neighbor who's still angry at me taking down some pine trees that were they had the beetles in them and they were small and scraggly so that I can better landscape my property. I'm sorry that he hasn't gotten over that. But did I clearcut? That's an absolute lie. And I invite anyone here to come walk on my property and count the trees. I've actually put specimen trees on my property and I take great pride in doing that. So that one person has rallied people who don't live on the block that don't see it and that he's upset. I'm sorry that he's upset. I've tried to make peace with him number of times regarding the trees on my property that were legally taken down. This is years ago, five or six years, and we still see this attitude. I'm just trying to create a safe environment. [cough] Anyone can come visit and look at that environment and can look at the property and see that I take great pride in making a beautiful place and doing good things. And I will leave it at that and I will trust whatever the the board decides.

May I ask I have a question? the schedule that you spoke about with your students tells me that you are I'd just like to uh clarify that why are people saying that there are three and four cars outside your driveway? If you have the the schedule that you do when you have one student or two students, would they be able to be accommodated within your driveway? Absolutely. I've had, as uh Ed has said, I've had two students now for what, year and a half. there was another father who had children who moved out of town and that was the third car. Okay. And so you don't see a problem in the future to uh assure the board or the neighbors that you'll keep your cars in the driveway? Not at all. Okay.

Not at all. Well, that's good. I have no problem with that. um with that schedule that you're doing. I'm trying to figure out you know why unless you have uh friends and you know like all the other neighbors and if you had friends coming over or gathering you you might have a few extra cards but that would be that would not be on a regular basis. No that would that would be totally unrelated to that and all of us have had parties and people over

and if there's noise people will talk to one another. It sounds to me like aside from the concerns that are being raised here, it sounds like people are concerned about what's happening on the road and in their neighborhood because several people mentioned trucks and other issues. So, it sounds to me like some of those other issues may have to be dealt with through, you know, the board or, you know, some other uh vehicle. So, we we want to stick with what's going on with you and your property. I mean, my experience is that uh yes, Bill Hassid has his truck in on his driveway. He doesn't leave it out on the road. Greg has had some of his commercial equipment

in his driveway. Nobody complains about that. Yeah. No, you actually have. And if other no if other people have stuff and they keep their commercial vehicles in their driveway, it's never caused a problem on the roads and I don't have commercial vehicles, right? But but I think the assurance of the numbers of vehicles being accommodated in your driveway is an important one. I I would have no problems that are raised. I have no problem with that whatsoever. I make an effort to be a good neighbor, which is why Don will be the first to tell you that I went over and I talked to them. Mhm.

And if there's a problem, we work it out. And when I told him that I'm not looking to expand, I don't have the room in that space to expand because it's not safe. And I'm not going to do something that's not safe. I just do it. Okay. Um we're going to, if you don't mind, we're going to put this over to our next meeting. Sure. Okay. Which would be um January 1st. January 8th. January 8th. Sure. Okay. Because we can bring it up with um our our local our town attorney as well. That's fine. Can I can I just check something? Yes. Um with Al.

What was what's the max coverage on this on this uh zoning? What's the lot coverage? What's the max lot? I'm just I'm just trying to look at the notes quickly. Minimum lot area is 2,000 square ftacre zoning. Yeah, it's a halfacre zoning district. So, it's a 20 20,000 acre 27 square foot property. Half acre, 817. So, he's over what what's required. Yes. more than what's required to have ac so what's the percentage of co of impervious service

have impervious is 30%. Okay. And he's closing 16 16.2%. All right. So you have the room and the flexibility to expand your driveway which might just be helpful. One of the things that I was um you have a picture of what the driveway looks like in this

so the driveway has a little jogging right here. Yeah. Towards the grass right here. What I would like to do is to make it straighter. The only my only question is there's a fire hydrant right there and my concern would be I don't want to do anything that would jeopardize the safety of the uh waterline. Yeah, you would have to speak with the department of public

because I actually had the department fix the road because we're at the flat part of the downhill and the road went like that and I had about three feet of ice water and puddles there and they just fixed it for the drainage because that was a huge safety issue. So, um I'm looking for some way to kind of do it that way because I don't think I could do it that way. Yeah. And I I think you know and I haven't parked on the grass with respect to the the road and and the concerns about the traffic on the road and and you know overcrowding of the road. I think that would be a a good move to have just for yourself to have the ability to park your own car safely.

We do it now. It's still the other thing I would like to to you to consider before the next meeting is maybe expanding that way since there's a concern visual concern and this neighbor truly is on an angle is impacted by you coming this way. This the visual wouldn't be changed at all this way and then I have a grade this way. That's grading. I understand that can be that can be uh overcome with foundation but and and M size give give some thoughts to what you're comfortable with minimally because you are asking for a lot.

Yeah, that is the minimum in order to be able to safely do what I'm asking to do. And this as you see the house blocks the existing house blocks from the road. His visual is the same. As a matter of fact, it would be improved because there's a trellis that allows me to and there's also a lot of plantings there. So, the screening is what there's going to be a little bit taller screening like hemlocks and stuff like that will probably be [snorts] they have you saw the picture it has a trellis. Yeah.

So, the hemlocks the problems with that are is that then I have trouble getting uh you know from the shed and getting stuff in because they get very big and very tall. I think the hemlock will woolly delgate disease. I'm not sure. Some some bor planting, but I I don't think you have to. Yeah, I have a Japanese maple there that is we'll continue screening is is always a big big deal for us. Um I think and there's no window also going over impervious service as you [clears throat] may hear a lot u is a concern of us. You're you're way under. So there's

no reason for for you to have to overflow into the street. Um what whatever your activities are, whatever your hobby is, whatever your activities are, it's not that's not really of a concern. It's more that your in your your activities are impacting, you know, the neighborhood. Well, as he said, because it was outside, so then that would by allowing this, I would just stay inside. It's a lot easier for me and then there's no more impact. Well, what do you do it inside or outside? I mean, it's really more right. I mean, it would be like playing tennis or pickle ball in your backyard. I mean, he has an outdoor TV.

He watches sports out there. We hear from I think we're we're hearing you it's it's not a business. It's your home. And the question is, what do you have the right to do in your home, within your space, outside of your space? Uh, and it would be similar for anybody any other homeowner. I agree. Um, I was going to ask if you would mind if any addition of the board would want to pay another visit. Please. I would I did go back in the backyard, but I I I think before the next meeting I would like to go [snorts] back again. Anytime, please. You have an open accessory. Thank you. Thank you. Okay, let's move on. Absolutely. Come on up. One more time. Yeah.

Last time and very quickly, very quickly before the next meeting. I've heard again and again tonight that that there's two cars from Gia, from Mark, from Mr. Schwarz, I think. Uh, sorry. Um, and two cars. It's two cars. That's That's not We all have that on the weekend. I think uh um what the application variance says is six. And I think that's it's not that Greg sort of riled up the neighbors. It's that all of the neighbors no problem with the hill. Um he's asking for six cars. We know you've just looked at the driveway that has to go on the street there. That's what we're all sort of coalesing around if you will. It's the safety of the hill. Um not holding anything against Gia or Mark or whatever he wants to do on his property. It creates a hazardous situation. Y

um so it's and Mark if that can if you can abate that concern fantastic told you I do not allow six cars by the students I would put that in writing with this board as well and that's exactly my pleasure yeah I think I think the look the the consideration of the neighborhood is is is very important you know the appearance and and the conditions that we always you know character of the neighborhood and And abusing abusing the street is not abusing wrong word over abusing the street is definitely would be a concern here. Yeah.

And and just in that unfortunately just in that area it's it's just a tough hill. So sorry. Thank you all. Thank you. So, Roger, if one of the neighbors had a book club and twice a week they met and the women parked in the street for an hour at a time, we'd have an objection to that. No. Well, you know, if the neighborhood starts to see that as an issue and you know, if it came up and these are the only times that these things come up, right? You know, they've said that they have parties and other people park and landscaping trucks park. I'm just having a general discussion. Is at what what occasion do we as a board try to dictate traffic flow?

We're not dictating traffic flow. I think I think we're we're mitigating we have the I think we have the right under the varian considerations to mitigate the impact. Thank you. Yeah, [snorts] that's what we're doing. We're not we're not regulating traffic. Okay. Should I thank you for engaging such a discussion? [laughter] No, no. We adjourned the matter. So, as a general matter, public street parking is public street parking for any purpose for [clears throat] anyone in the neighborhood. That is not a constraint issue. The use of a building in a residential property is a residential property and a res those are

you pick the wrong [laughter] and that's that's I'm not I can't I'm not debating on the application. I'm speaking as to broadly as the facts. The public road is for public parking. I'm going to have a party at my house in several weeks. Many people are aware. I have 200 people invited and there's no restrictions on there's no I was I was going to suggest [laughter] where they don't park overnight. As long as they don't park overnight cuz that's what the town procludes is in in over the winter, right? And and so and even then you can call if you were have overnight guests that needed to park on the street, you can always call in advance.

You can get the have that. So, um, like public parking on a public road is is not really an issue when we're talking about a residential zone and residential uses and that's, you know, that's well, you know, we're going to have a little discussion after the meeting so we can cover that. Okay. Thank you. Okay. Okay. Next, next application. Patience. We're punishing it. They adjourn to the next uh meeting. Sally, did you want to talk?

Well, just generally, not specific to that. I just think that the the the hump on the road, the the hill, the slope, it's it's more like up by 25 Woodfield, not down by 37. And really, it's in general a spot that anybody in any neighborhood that had that hill would would hope the town would probably make no parking signs on either side of the top of that hill because landscapers do park at the top of that hill, but that hill's not in front of Gia and Mark's house. It's two doors down. Um, and like right now there's a pile of leaves on it that we all carefully navigate around, you know, and that's that's not Gian Mark's pile of leaves, you know. So, the town, you know, I hope the town will come out and look at that hill. Apart from, you know, the matter to do with what to be honest with you, I lived in this neighborhood like over 12 years. I didn't even know there was an artist studio behind the Abrams Miller house. I didn't know there were swords. I didn't know there was, you know, that kind of stuff going on because it's been quiet and [laughter] haven't heard it. And I know I'm not right nearby it, but I have really good hearing. Like even when there's trifesta all the way in Bedford Hills Memorial Park, I can hear that. I can hear people's chickens. I can hear [laughter] coyotes and owls and everything. But I never heard anything coming from over there. Maybe I'm naive um about it, but anyway, it's a neighborhood. All kinds of things go on in neighborhoods from, you know, teenagers doing stuff and school buses speeding through and um you know, we're neighbors. We we deal, you know, live and let live. Um,

and uh, you know, people do have their parties, their farm co-ops, their whatever over the years. And you know, we we we live and let live. It's a neighborhood. Not everybody is going to want the exact same things as the next person. But, um, and I'm sorry, do you are you are you on the same street? Uh, I'm around the corner on Oak.

Yeah. And uh but um um you know I come in sometimes Woodfield and I come in sometimes Lily Pond because to get to our part of Oak have to go one or the other you know but anyway I I uh appreciate your you know appreciate everybody everything everybody shared from the whole neighborhood. Thank you. Thank you. Thank you. Good night. Happy holidays. Okay. All right. You picked a good night to be here. She's [laughter] been I'm learning a lot. This is This is in my

Let's take a half hour break. Just joking. Jeffrey and Anna Kenoff for seeking a variance of article 3 section 125-11 and article 5 section 125-50 of the zoning ordinance for 719 Old Post Road Bedford designated section block and lot 73.19-1-9 on the town tax maps in the residential twoacre zoning district to permit an already constructed addition to pre-existing legal non-conforming residence where the lot is non-conforming consisting of 42,863 square ft where 87,120 square feet is required in the residential 2acre zoning district and where the zoning board resolution 9-185 granted on 9518 for variances and ZBA resolution 12-233 granted on 12723 for building coverage of 6.89% and where the building coverage resulted in 7.25% where a maximum of 6% is permitted in the residential 2acre zoning district and where the sideyard setback to the addition resulted in 36 feet where 40 ft is required in the residential twoacre zoning district.

Good evening. Um I'll keep it super short after all of that. Um, I can explain if you need clarification. Yeah. Okay. So, um, first of all, introduced yourself. Oh, right. I'm Anna Kenoff. I'm the home homeowner. Thank you.

Um, I definitely will second uh the comments that have been made about the importance of this board and how much I appreciate you all. Not to butter you up, but because it's true. Um, our goal was always to preserve the character of this 1850s house. We tried to build a really sensible addition um that worked with the house and the street streetscape. Um, we learned two things, I guess, after construction when we got the final, um, inspection, uh, survey. A few things that were considered, um, impervious areas in the 2021 survey were changed to be building coverage in the 2025 survey. Apparently, there was a rule that changed. Um, so that accounts for a lot of the overage that we weren't adding in at the time when I got the first approval. And then um there is also a kind of 36 square feet overage that I really honestly can't account for. Um between the time I was here and the schematic design, nothing in the design changed, but you know, there could be some wall thicknesses that changed. Um it's a really minor number. Um, and then the other thing that I would find more concerning, um, but we designed it very carefully to fit just within this 40 foot setback. Um, the neighbor on that side is Fred Nagel. I have a letter from him approving it, although you guys kind of laughed last time because we all know Fred loves a variance. Um, and then I also have a letter from the Kennedys who are on the back um, in support of it. But um essentially either when the we staked it all out, it was within the lines, but then as it was actually built square to the 1850s house, which wasn't really square, the kind of volume just shifted like a degree or two. I also think that the

survey we were basing it on originally kind of assumed that the front of the house was perpendicular to Old Post Road and in the final survey you can see that the front of the house is skewed a little bit. Those words to the neighbor. That's the assumptions. Right. Right. Right. Right. Right. So our intentions were good. Um, but unfortunately we just went a little bit over and we're asking for forgiveness and I guess an additional slight uh variance. Have you submitted those letters from your neighbors to I did not. I just got them so I can thank you. So you went from 6.89 to 7.25%.

Right. based on, you know, the actual construction and the final final measurements. It it's based on the actual construction, but a large chunk of that is based on this rule change. Um, where the air conditioners, the chimney, and the seller entrances, which were originally calculated as impervious, are now considered building coverage. So, that's the biggest chunk.

When was that rule change? Okay, I just clarify the only thing here that is shown that that would be considered uh different is AC units of propane tank and there's a 20. Oh yeah, that's that might I know. But what year is it? [laughter] It's all your fault. October 27th. [laughter] It's always

But the two sorry the two stories frame residents that now includes things that previously were on the in the other in the other category would always be. So all you say in the the in the 2021 survey you had seller entrance and chimney grouped under imperous areas and in the yes patio steps everything is in the only thing showing in building coverage here other than a wood porch shed roof over a one story frame garage the only thing he's showing is AC units of propane tank at 20 x

No I understand but I'm not trying No, no, no. I understand. What happened was they just regrouped it. That's all into it. I have a letter from um Steven and his office and from Kim where she says that's correct. Those items are considering buil are considered building coverage. And I said the surveyor moved chimney seller entrances, AC, and propane tanks to building coverage instead of impervious coverage. You mentioned and she had mentioned to me that there were new rules that had shifted in the time between the 2021 survey and this survey of what one might have looked at. We look at things that have setbacks. Anything with a setback, you look at it as Yeah.

But yes, but I was just pointing out. Yeah. So they were just categorized differently. They were just categorized differently. So they were grouped. Yeah. It was just categorized differently. And then there's a Right. And then there was a build adjustment somewhere along the way. So that's why we do the certified. Yeah. Exactly. Right. Just to avoid having these type of structures, right, it's against somebody's property, right? The setbacks that Yeah. Well, it looks like the whole thing a little more tilted. Yeah. Well, that back part of the house is um the oldest part. It was originally like a building that belonged to the other house. Nothing square, [clears throat] you know. It was just Yeah.

But but Al, you're saying that the current request for 7.25% 25% is correct based on the submissions. Yes. Yes. Yeah. Based on the final survey. Okay. Just here. There's always issues sometimes with one survey to another. Also, sometimes you have some gives me great faith in the profession. Okay. Okay. Public hearing. Somebody want to close the public hearing public hearings tonight. Anybody want to talk? Does anybody want to say anything? There's no one here. No one here. [laughter] I move to close the public hearing.

So move. So the public hearing is closed. So you want to make a motion?

I would move to approve the application as noticed. The applicant here has explained why there are discrepancies. It makes sense. The [snorts] calculations were actually categorized differently on the original application in part and the other is by a builds adjustment that we have seen. That's exactly why why are these as builts um to reconcile differences between proposed plans and final uh construction. Um there's nothing from my perspective that's egregious as far as the changes, but since there were variances granted, it needs to be amended to reflect the correct numbers and the correct plan. And that's why we have the certified as bill. So I would say these benefits off 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 of detriment nearby properties. The variance requested I would say in this instance is not substantial. Again the calculations were larly largely correct. um they were categorized slightly differently but they were in fact accounted for on the original plans but it does adjust essentially what the variance numbers are and there are times when we see adjustments in the field and that's some of additionally where we see some of these changes happening but there's nothing substantially different from the original proposal um that that would make that um substantial in my mind the varian requested will not result in any adverse physical or environmental effects in the neighborhood or community and the alleged difficulty I would say is not selfcreat created in this instance and that the applicant had a plan. They attempted to follow the plan and that there there were corrections along the way that had happened and that has resulted in these adjustments. The applicant is here today to make sure that that is rectified. The approval of the proposed variance is subject to the following conditions. Um you have your she has her CO right?

She's no she's got the this pending this she's pending the approval of this as been service. So it's all right. So you got to get your co the plans uh within a year. Uh the plans there's no need for additional plans here. The construction's complete and these are the as bills with certified covers that we usually require at the end of the proposal which is why we have them. And so I would grant the application in accordance with the plans dated October 30th, 2025. Thank you. October 30th, 2025. Well, we do the survey where the map was revised on October 27th. Perfect. Thank you. Thank you. My second then is exact. I'll second that. Thank you for your understanding. Mr. St. No, not yet.

Yes. Ms. Lee. Yes. Mr. Van Loverin. Yes. Ms. Black. Yes. Mr. Matt. Yes. You got it. Thank you for your Thank you so much. Thank you. Have a good night. Appalachia. I tell you, this is a great night for my ego. Uhhuh. Now, what's going on with this last one? What are why are they why are they being so

read Scott and Hayworth are seeking 5 section 125-50 of the zoning ordinance for 214 MLAN Street Maliscoco designated section block lot 71.16-1-2 on town tax maps in the residential 2acre zoning district to permit an already existing 69q ft [clears throat] shed that resulted in a rear yard setback of 2.5 ft where 13.33 ft is required in the residential 2acre zoning district for an accessory structure under 100 square ft

is hello

good evening I'm Rob Johnson formerly of H Staley Johnson and company I'm here representing uh Scott and Nan Hayworth on the violation of the rear yard setback for a shed. The shed itself is less than 100 square ft, but it is only 2.5 ft off the rear line. It is a well-built tool shed. It's on a uh the foundation is uh 6x6 is set in concrete and it's very a very sturdy structure. It's painted dark green, blends into the the uh the [snorts] hillside pretty much. And it's this is kind of like the only spot on the land that actually where it fit and that's why they put it there. Um they tell me it was um about 10 years. It's been there for about 10 years now. Um so what we're doing is with the hope of the approval we can

allow this to stay in place. Um I spoke to Mrs. Miss Nan Hayworth this morning and she's willing to put up more arborites to hide it. Um, and they've taken all that there's I know there's a complaint by a neighbor about trash, but that's all been cleared out and they they assure us that there'll be no more debris or extra things left around the building. That would be my only request is that you just don't they just don't have any more stuff dumped around it. I mean, when I drove in there, it's pretty much hidden already. It is.

Um, there's nobody. I mean, I couldn't see the neighbor uh close by anywhere. I mean, it sits in the middle of what looks like a huge field essentially. Um, except that it's surrounded by by u uh large huge trees. Trees. Yeah, exactly. Huge trees. I mean, I can't imagine someone was complaining about it. Um, except that if there's debris out inside of it, then I can understand where they were upset about. That's totally clean. Oh, you did you saw? Yeah. Well, it look clean. It's cleaned up totally. Yeah. No, it look great. It look great. You said it's there for 10 years. It's been there for I was told it was there. They It's been there for 10 years. Oh, I thought it replaced an older structure cuz it looks brand new. No. Well, I don't know about the old structure. We did the survey. There was an old structure.

It was one GIS mapping shows some there was something there and Oh, I didn't look at 19 something.

Okay. So, um, my my only comment would be the neighbor did have complaints and that people tend to be creatures of habit, so it's cleaned up today. I would hope that it would stay that way, but I think the easier thing if the applicant's willing is to make sure there's some landscaping along that line there between Yeah. the greens and um, and the applicant. So, that that helps if to the extent there is are issues in the future, maybe it mitigates some of that visual concern there. And it is it is close to the a property line. Granted, that's the Summit International one it's closest to, but understandable that you know um there's some concerns about the that's vacant property by the way that summit.

And I just also wanted to point out the neighbor that complained was um they're in the back there. Yeah. We're well clear of his property line being allowable setback and we're definitely willing to put our provide along there. So you can't see that from from his side. Yeah. I I because moving it on a concrete foundation would be very difficult. Very difficult. Yes. Um I would say if and when the structure comes down that it be placed within setbacks. Okay.

Okay. Because what we're dealing with is you're really saying I have a pre-existing I don't have a legal pre-existing not but I have a pre-existing building here. I'm asking for kind of leeway to leave it there because of the foundation and and the construction and all of that. Um and and I would put screening up there. Um but it still is very very close to that property line and there are other locations where it theora could be put. But I would I would not direct the applicant to remove the building today. In other words, in the future, if it's replaced for any reason that it be moved move it more with the setback, but it is on a concrete foundation.

They're taking it down is over the 50%. It's it's actually 4x4 posts set in concrete unless it's a very substantial structure. If you have a rebuilding of 50% or more of the structure, it doesn't have 6x6. you if you take if they take it down to replace it then it's a removal of more than 50% of the same location once you grant the variance I believe the variance area variance goes with give me the code I'm I'm being the area varian

I'm being difficult I'm being difficult but if we put a if we put an exception the resolution. It's 42 ft from the rear and it's almost think about it this way. If it was a full structure, right, bigger than 100 square ft, you would allow 50. This is 42 ft from that property. This is 100. So, I'm just saying look at a little different. This is 100 square foot. It's up to you guys. No, I mean I think what you done has to be closer. If it was over 100 square feet,

but it isn't right. But it isn't. It's tiny. I will dig in and be difficult. It is just a suggestion. If the board fills differently, I'm okay. I was looking for Yeah. Yeah. Yeah. You know where I'm trying to get to. I know. It's okay. The rising board can keep applying and talking. Here we go.

Right. So that's the non. So that's so this was the general one. If you have 50% or more I mean they agreed to addition. Yeah. Make it. It's just that

Well, we do have a letter asking that it be moved. No, I get it. Yeah. That's the neighbor, but it's well clear his property. Yeah. Well, it's also Yeah. But they're talking about um a storage tent adjacent to the Okay. Pictures the next debris. [clears throat] Yeah. Mhm. Yeah. Doesn't say when the picture was taken. I'm sure you saw the picture, but here's here's how it looks like now.

Yeah. No, I I saw it. It was in fact it's even was more hidden than that cuz the bushes were over in front of it on the side. Yeah. I thought it looked really nice. And there was nobody around. No. No. They're far enough. I mean, they're pretty far away. Activities. I was I was fishing before. I halfway between 49 years. of God. Yeah. Peter, Peter, somebody that's on on the board.

Yep. Boss to answer. Now you have a boss to answer to. Keeps moving. Now you have a boss to answer. Just put his hand. [laughter] So there is no

Oh, Carol Allen, do you want to speak on this application? Carol Allen. Carol Allen. Yes. Sorry. Um, we just were concerned where if it was going to be moved, where it was going to be put and that was and now I see that at this point you look like you're going to make a decision that it's going to stay where it is or you're going to determine if it's going to be able to stay where it is, which is fine with us. Yeah. No, it's going to stay where it is. Perfect. Now, they've cleaned it up and I guess we'll keep it clean. They said there was a lot of debris and noise, but that was during some construction going on. Correct. Correct.

I did. Yeah, I was there. But it's been there for 10 years. 10 years. So, what was going on that was making noise? I don't know if the noise was they keep um It's kind of like a handyman ship. There's a lot of cracks of Oh, the landscapers keep stuff. Yeah, probably. The thing I always concerned the the two massive trees there if they ever go that thing is going to be like a squashed like a Yeah, there were a lot of um pines on that property that there's a lot of wind up there that you know that I could see snapping very easily. The ice lost ice in the winter time. Mhm. Meredith, we okay?

I don't see anybody else wish you make a motion. You want me to make the motion? Yes. I I first I make a motion we close the public hearing. Uh we'll close the public hearing. You have a motion to close the public hearing. I make it. All those in favor of me. I public hearing is closed. Go ahead and make a motion. Okay. Motion

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. 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, especially being that it has been at at that same location for at least 10 years. The variance requested is not substantial and the variance requested will not result in any adverse physical or environmental effects on the neighborhood or community. And the applicant has already indicated they will put up additional screening uh because it's so close to the border. While the uh alleged while the alleged difficulty is self-created, that is not that is only 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. There's already a permit, so I don't think they have to look for a permit within the next year. Well, no. You're legalizing.

Um, they are looking They are looking for a permit. They're legalizing. They're legalizing it. So, there's a need for a permit. Okay. They'll have to So, used to uh best efforts to ensure that a building permit is issued within one year of the board's approval of this variance and then dig diligently pursue such construction to completion. Um, there's already a survey. Yeah, because it's an asb. Do we have to ask them for a new one because it's already on? I'm sorry. Did we miss Did you include landscaping? Sorry. Looking for Roger. Say again. We should have the landscaping in the back. If you if you want the rest of the board agrees that that was my suggestion, but if the rest of the board No, I agree to that. Yep.

That's a good idea. That the uh the applicant shall submit a uh maybe like reertified [snorts] back. Yeah. survey showing the addition of the screening as

I don't think this is what I this is what I would say on the survey the survey is okay for the asis what I would ask them to do is submit an updated plan not it doesn't have to be an as it doesn't have to be an asville but they need to mark on there the arborite or or the planting that they put in place and the lo general lo general location of it okay so and so that then Kim has a record of kind of where that proposed landscaping is is being placed. Okay. But I'm not going to require cuz you would need a landscape survey and we don't do that. And this is an already existing. So it's already properly located. It's certified. It has coverage on it. Certified coverage. He did the coverage.

It's dated. The map is revised August 27th, 2025 and filed. Okay. Yeah, I did the coverage and filed November 6, 2025. And there's a table that has the coverages on it that goes with this as well. you specify what landscaping I will I will adopt [snorts] your suggestion as my application and then the there's a sheet that was submitted that shows the certified um coverage and that is dated let's see um oh submitted November 6 2025 that becomes part of the record this is from you right this one certified coverage surveyor did it

um and what I would ask is I think probably we only need maybe at most four bit we brief three or four or whatever they specify that no because we're going to want them to show it on can they choose the the species yes yes I would I would but I'm saying is like how what's the minimum I was going to say I agree with you that four and the the height of the arba body will probably go up six or eight feet they'll they'll arbbody generally your grow Yeah. So something in excess of what is that ft to start? Four feet to start. Do you want six feet or 5t? 5T.

Okay. Five foot five minimum and three or four feet. Three or four. Four. Four. Four. Four. To be safe, we're going to have we're going to ask the applicant to plant a minimum of four arborit of some greeneries. Arborit evergreens. Okay. At uh 5 ft minimum height. Okay. And then after they and

we don't we're not landscapers here. So we'll depend on you to have them placed in the appropriate spot. And then you'll submit the plan that roughly shows where they are so that it's clear to the building inspector what he's looking at or for on that particular condition. We will not issue a CFO until until [clears throat] Can they have a temp a temporary one pending compliance within 6 months with planting so that they can continue using their their shed building inspector? It's built. No, no, I know I know it's built. The point is they don't have the CO for use. Problem is when I do a temporary zero, I have to charge them for that. Oh, okay. Okay, then I won't worry about that. That um he's got a year.

He's got a year. All right. Absolutely. Absolutely. I'll update I'll update the survey to show you the location of the trees. Yep. We're good. I'm happy. I'll second it. I'll second. I don't think you want. And who second that? I second it. Mr. Stern. Yes. Miss Lee. Oh, yes. Mr. Van Loin. Yes. Ms. Black. Yes. And Mr. McAllis. Yes. You got it. Thank you very much. Thank you, man. And Scott got it. Thanks, Al. Thanks, Kim. We're not done yet. I know we're not done. We have to do the calendar, right?

Well, we had the uh you were going to discuss town board modifications to the zoning code was brought up at the last meeting that put that on the agenda. What was that? You were going to discuss modifications to the town to the zoning code. You mentioned that at the last meeting. What was that? They're making changes to the zoning code. The town is making changes to the zoning code. I just wanted to be us to be briefed on what they are and then we should make a list of the things we're dealing with so that we can make sure it gets up into their into their uh agenda, you know, the things we've been talking about tonight with signage and all that clarifications. Do we know what the town board's working proposing as their changes?

They they put out they've been putting out notices that they submitting. They they didn't consider them making they've been working at the planning board and everything. I just I just want us to know re I wants to be Do you have a record of what those changes are? No, I I included anything. So this this is make a motion to close the meeting. We would like to have uh we can do it by then we can do our suggestion Peter do a working session with the town board. It can zoom. It doesn't have to be in everyone in person. Um because it's a work I think that's acceptable for public meetings or whatnot. Yeah. But I want to understand what they're doing so we can have a working discussion.

I want to understand what who's the town board is proposing changes the zoning code. We have been discussing things that we would like to see the zoning code addressed. So that we would like to have a working session and it may be something where you actually should probably have representatives of the planning board, the zoning board and the town board all sitting together for a lovely it's probably makes more sense to do that in January too anyway with because we have a new board member coming on. Yeah. Who's that? Um you know the person who's head of was head of too. Awesome. Thank you. for 2020. Oh, a new board member, not him. So, what's his name is going so that then we can all just kind of

ming about modifying the zot code and understand what everyone's doing. Oh no. Has everybody had a chance to look at the um agenda and anybody? The town has advertised that they're talking serious problems and they made what they call minor changes. I'm assuming that [laughter] proposed revision to the zoning. We got to do it the week after. Did you have you received that from the town? That's a bad one. Go for the following week. No, no, they already have some revisions. the only manager that I have an issue with potentially probably July 9th. Yeah, July 9th. July 9th.

So, everyone's agreeing July 2nd is a bad date. We're looking at July 19th to July 9th. Uh then I have probably me personally might not be around June 4th. Yes, but the the town September 3rd is going to be a problem and the planning board has said they've made some minor additions to the just before Labor Day. I don't understand why we are not. Let me just see. looking at this might be different this year usually. Hold on. You're right. September 3rd is the Thursday before Labor Day. I have a question. Do we normally there were

I actually think that's okay. September September 10th is actually okay for me this year. I think they're going to put it into effect and then we have we have suggestions for them that we've been talking about but I don't know if they're incorporating those time frame as I make the date of the previous meeting as a okay well that's what Meredith is advising including planning exception when you move it forward I keep it the same day see this has been on the table for a long effect so July 2nd will be cut [clears throat] off for but if we move something hold something over they can submit have some issues that keep coming up. [laughter] As long as I don't have as well as anybody else who are better that the signage keeps coming up, you know, do we have class?

Even then, I'm I'm flexible, right, Peter? Yes. Not like previous people. Very flexible. Do we have to adjourn the July 2nd to the 9th? Does it have to be a Thursday? No. I have a bar mitzvah bar. The only problem we move it to a Wednesday or sometimes it has planned that portion already my grandson's getting bar mitzvah. Wow. That Saturday if the rest of us are here then that would not be a problem. We also we also have we have less less. Yeah. Okay. I'm just saying that's exactly why we talk about it. The second I'm avail I'll try to be I'll go down on the Friday. I think everything I think everyone's the rest of us will be here.

Yeah. So we that's why we run it to see if more than one of us is going to be out. What day is that? Uh Ken that you just mentioned. What day is what the one that you just just mentioned? Um you talked about moving July 2nd to July 9th the following week. You said something about you don't want to be We don't need to move it. She said something about September. I'm okay. We're okay on July 2nd. Oh I probably won't be here June 4th. We're okay July 2nd. No. It's my birthday. July 9th. Yes. July 9th. That's right. Before July 4th, weekend traffic. I'm usually traveling. So you're saying July 9th proposed? Yep. The rest of July then August is nothing. So the rest of the then September 3rd.

September 3rd. How close is that to? We're good for September 3rd. Weekend before that one. I won't be here. That's my Wyoming trip. So it gets you your last year. I was here. I mean this year I was here because it all it all revolves around Labor Day. don't get auto. I'll make that one change. If there's something else, we can change it. You'll maybe but we'll look at it at the next [laughter] meeting. Can we move potentially the December to a different date because that's the same day that the fire department has its annual um elections and meeting. Yeah. It's the first Thursday after the first Tuesday of the month. That's where you're the first Thursday. Yeah. So, it's December 3rd,

right? But that's when the firehouse has its we have our annual elections and um and dinner. If we can do the following week, I would ask which is that? The 10th. 10th. December 10th. December 10th. 1210. You want to move it to 1210? Yes. Yes. As long as it's nowhere near the holiday. No. Okay, we can do that. We can take a look at that schedule for the next meeting and you know just confirm. You can look at it anytime you want and change dates. Yes. I'm just going to put out these two changes. I'll make that the calendar. If something has to come up, we have to change it. We change it. Okay. Thank you. I think we're done here. And you all, we all look done.

We never know what's going to Did you expect this? We need to close what happened tonight. Yeah. Uh, no. No, cuz they had so many letters of support, but stuff always happens. I mean, there's always just that between the two of them. Yeah, I remember the stepping stones. Close the meeting. Yes. Can I have a motion to close the public to you? Absolutely. All those in favor? Hi. Hi.