Zoning Board of Appeals - Regular Meeting

e e Bedford uh April 2nd 2025 um the procedure here is that um our secretary will call will read an application if it's your application could you please come up to the podium here and introduce yourself and tell us us what it is you want to do um we all of us have had the opportunity to come out and see um uh your project or what it is we want to do what you want to do at your location um and um this is a public hearing so people I will ask at some point whether people are in the room or on Zoom that want to talk about the project or ask questions about the project and if not then we will probably close the public hearing and we will try to reach a determination after we've had this discussion amongst ourselves or ask you questions um as to your application um with that said um let us begin with our um 550 Guard Hill Road Sherman Farm New York LLC 550 Guard Hill Road Bedford section block and lot 73.1 17-16 residential 4 Acres zoning

District the applicant is Seeking a one-year time extension of a variance granted on 5224 resolution 04243 granting a variance to permit the construction of an inground swimming pool which results in 6.06% of building coverage where the existing building coverage is 5.86% and where a maximum of 3% building coverage is permitted and where the impervious surface coverage results in 13.18% where the existing impervious coverage is 13.17% and where a maximum of 8% impervious coverage is permitted in the residential 4 Acres zoning District Article 5 Section 12550 evening good evening uh my name is Hal Pano it's a pleasure to meet you all I'm a new associate um at C and fader representing Sherman Farms New York LLC you may remember my colleague M Alexander who was here before you uh last year um the uh premises is 50 550 Guard Hill Road as you mentioned it is a home both a home and a farm operation within Wester County's agricultural District um we were and as you may you mentioned that you um have have done s visits you can sort of remember it was ccle on driveway and then there's the home and then there's the um uh Farm operation horse boarding operation um next to it we were approved a year ago uh for an area variance of for a pool project um an in ground pool project uh which Incorporated various U mathematical calculations in regard to coverage um due to uh uh the horse boarding operation um in addition to life um we have been unable to give uh the project the full tension um that we wanted to

and and are here today uh requesting a one-year extension uh on the first condition one year yes I welcome any questions I don't have any problem with that I don't have any problem no problem all those in favor I got it thank you she doesn't need to call roll call what's that roll call you need to do aoll call Mr St wait wait wait and public move hold on there is no public there's no public hearing yeah do we have to um though ask that we approve the extension of the variance as noticed we can approve it as noticed okay now we can do a roll call okay um and and I'm assuming we're doing this for one year to expire in May of 2026 yes Mr Stern yes M Lee Yes M black yes Mr Mall yes got don't do it in the [Applause] winter I really ped until the spring okay 536 Bedford Road LLC 332 Adam Street B Hills section block and lot 60. 11-3 D4 light industrial zoning District the applicant is Seeking a variance for a total of three installed signs where two signs are permitted in the light industrial zoning District sign 1 a and 1 B flat wall signs 97.5 square ft each with 36 in in lettering where a maximum letter height of 12 in is permitted if fixed less than 100 ft from the center line of the nearest road and sign 2 4.8 Square ft with 12 in lettering is a fixed to a canopy where a sign is not permitted on a canopy in the light

industrial zoning district and where the total area of all signs on the lot is 199.000 the lot shall not exceed 1.5 s ft for each horizontal linear foot of the facade or 97.5 ft in the light industrial zoning District article 11 section 125-1 120a and B1 and 125-1 122h good evening everybody good evening my name is Chris olera um I'm a representative of Westchester medals uh we were here last month in front of the board um we took your comments into consideration we have revised our drawings and we reduced the wmw letter size to 2T tall letters uh 24 in high and we match the radius of the roof with it uh to S to match the our symbol out of our company logo and uh we also Revis sign two to eliminate the wmw above the canopy great I went by hoping to see it tonight but it's not there yet it's going to take us a couple weeks to modify no it looks beautiful on paper thank you can you just remind the public where we started with the side the largest lettering on there cuz I know you've done some reduction here correct so originally we had a sign uh well the sign is currently up at with 3ft letters 36 in um and uh we took the comments of the board in consideration of a Max of 24 in that you guys would be okay with and uh we revised our drawings accordingly and within the next couple weeks we will modify the signage to match the drawing if approve today thank you question um when I did drive by there there's a a sort of a white board sign that's closer to the road is that just temporary those were temporary until we put our permanent signs those are getting removed gotcha

okay is there anyone in the in the audience that wanted to speak on this application or on the zoom call no hearing no one can I have a motion to close the public hearing so moved all those in favor I I I uh public hearing is closed any questions it's no I I appreciate the applicate taking our comments into consideration I think it's a a little bit more um balance as far as the way we deal with signage in the town overall so I certainly appreciate those modifications that the applicant has made to make it more conforming and um I have no issues with the proposed revisions that he's made to the plan guys anything I concur want to make that motion then just turn that into a motion yeah I would move to approve the application as noticed uh the applicant is Seeking a variance um and the benefit sought to them cannot be achieved by another means feasible to the applicant and in fact the applicant took into account the board's comments and concerns when the based on the original submission and made changes uh to bring it more conformance with what the um Community uh the board thought would be more uh in kind with the community at large uh there will not be an undesirable change to the character of the neighborhood or detriment to nearby properties there are other buildings in the area that have um three signs on them the signs here all make sense for orientering and for identifying the site itself and make cont make sense within the context of the building and the street and a and neighboring buildings the variance requested uh is I You could argue is substantial uh but generally when we look at it that is not the only thing that we look at the variance requested will not result in an adverse physical or environmental effect in the neighborhood or Community the alleged difficulty is self-created but again that's not the only one of the factors to be considered by the board in making its decision and is not determinative approval uh of the proposed variance is

subject to the following conditions uh do they need to get a new signed permit or do they have one pending with this have they haveed they gave Revis okay um the new plans are is there also a building permit with that or is it just a sign permit they get a sign permit but we'll need the new plans that they approve think we did a building the other structure there's a build a permit for for the canop okay so that's different okay so um here the applicant will submit uh or guess these these plans the building uh we we don't need to have these certified after right because now we're going to normally we have certified plans but that doesn't make sense here for the signage okay there's no coverage yeah so the right there's none of that so the applicant though will remove the existing non-compliance sign replace it so that the new signage is in conformance with the pending sign application and permit which the building department will then uh Grant once where approve of the VAR if the variance is so approved um and the variance will be approved in conformance with plans uh last revised 311 2025 consisting of drawings e1a eo1 and eo2 um that's it I'll second that Mr Stern yes Miss Lee Yes M black yes Mr Mall yes you got it here's thank you very much everybody thank you very much for making the adjustment in the plan and we're happy to have your business fantastic business in Bedford Hills I already wrote on okay Neil Watson and Judy Blundell T the terror Katona section block and lot

499-2634 resolution 10- 242 for for 41.0 6% of building coverage and where a maximum of 20% of building coverage is permitted in the r quarter acre zoning District Article 5 Section 12550 evening hi I'm Neil Watson hi I'm Judy blendell hi thank you for seeing us again we know a lot more now than we did when we started um so basically it gets down to when we measured the footprint of the house there is an overhang which we were led to believe not by you but that it was not part of the footprint because it was a can levered out okay and so that was probably the major part of our Mis measuring but it was like because it's a good siiz piece of overhang building so that's was why it's over okay since we've did that uh Rob Johnson did a complete survey we now have a very upto-date and thorough survey of the property as you can see it's a small property uh so that's really where we are the generator is in and that fits within you know within the the original perspectus so other than that it's it's really the size of the building and that's why we are over okay is there anyone that wanted to speak on the application hearing no one can I have a motion to close the public hearing so move all those in favor I public hearing is closed um yeah it looks [Applause] excuse me it it looked perfectly U uh you know good and I can see where there was a misunderstanding on where you start where you measure from yeah um I thought at first when I was out there we

were talking about the um the overhang of the roof but no there's an actual hold under deck that in the back in the backyard that he went back from there rather than coming from out from front of it so um but this is why we asked for um the surveys exactly now we know now we know we should that's it you're done now you have to do this again no one has any um further questions I'll just make a motion that we um uh approve uh this um I guess we can make this some modification to the current variance can't to the current variance no this has to be a new one different number okay so um U let's let's Grant a variance um a new variance then to cover to uh deal with the increased numbers of of building coverage and um as as stated um doing so was not going to create a a change in the character of the neighborhood there's not going to be a physical or environmental change uh it's not really substantial it was just a misme a me a measurement miscalculation but now with the um with the as built survey um it's it's now uh we know they know where everything is exactly and as as was stated the uh the generator that's currently there that we gave the previous variant for fits nicely where it's supposed to fit um uh this is not a um a self-created hardship um they're just trying to do the right thing in terms of bringing it up to the current uh to the current um um dimensions and um there's nothing else you have to do everything's in place so there's no there's no need for um you got to go through the factors still so the benefits off of the applicant cannot be achieved by another means feasible only it's a correction yep um the variance itself is is not substantial

there was error here right we did that um and the other thing two things though was that I would ask that with this resolution we have we have the other resolution 10-24 rendered null and void as this is intended to supersede that variance on the site there not an amendment to it so otherwise it would stand in the record so we want to Su we want to render resolution 10-24 null and voy and going forward the pertinent resolution will be the one that's issued in conjunction with this particular um approval provided it is approved in fact it's a good idea y based on the survey of February 5th 2025 perfect okay thank [Applause] you rob Johnson can I get a second second Mr Stern yes M Lee yes Miss Black yes Mr mes yes got it there you want to you can come collect your surveys too so you can do some we we did all the permitting and got all those things are those you're all good now those are all good you're all good everything's will get close out you're generated permit good to go I think you can GA I think they'll check and make sure that there's no electrical outstanding or anything like that yeah yeah if there's anything we'll let you know but otherwise just closed out you'll get a CC on it okay have a good evening thank you adorable yeah it's cute he is Latchman Singh Family Trust 92 Stanwood Road Bedford section block and lot I don't have a LED on my agenda no I don't have it here I didn't type it in here hang

[Applause] on 746-1717 and that's in the residential 4 Acres Zing District the applicant is Seeking a variance to permit the construction of a retaining wall which results in 10 ft 7 in at its highest and results in a rear yard setback to 38.5 ft where 40 ft is required for a fence greater than 6 ft in height and the residential quarter acre zoning District Article 5 section 125-1 15 1B which which one are we you doing did you just move to 92 standwood yeah you bypass 7 you bypass the deepwood oh I'm sorry who are you here for 92 stord okay let's let's sorry but I I spoke too soon let's let's continue let's continue we continue yeah sorry Qui all right you don't have to say anything at the moment I went out there you're clearly about to fall into the next neighbor's house I mean it's uh it's already tilting the Top's already tilting I don't know what the bottom is like um it certainly needs to be replayable yeah that that that would you know a railroad tie wall is can I just ask you your name Nel Fernandez I'm the engineer records are there any letters in the file Kim any responses from Neighbors or anything no no just on that one application we had not the guy below is not even writing help or something are you going to present you know just describe your project for us well yes so we are what go ahead I'm sorry um we have a uh oh applicant has a retaining wall a uh railroad tie

retaining wall that that um I don't know when it was installed but it's at a point where it's failing it's you know pretty hassard this condition um and we're looking to replace that with the modu of black wall uh with horizontal reinforcement to eliminate any you know possible issues of collapsing in the future as much as possible okay I I have a question do um just technically is listed as a wall but this is an application for a fence so technically this is correct that it's a fence when it's and a wall all under the same compition yes okay any composition um because of the height of the wall yeah we need to have a um railing or fencing above it to for full protection so uh when I was out there part of the collapsing wall is kind of Stu stops at the end of the end of the house at the corner of the house and then your drawing here goes further down closer to the asphal driveway on this on the side of the house no they they both they both you know it should end about the same spot okay it looked like it went past I I what I saw was at the top of the hill on the side of the house but this drawing looks like it's coming down towards the driveway close to the driveway further down as it gets to the driveway in the front yes the grades kind of meet so it is continuing but it's just not at that height yes it it ends where the new where the existing wall currently ends yes that's where the new one's going to start it's the new one's going to start there yeah it's in the same spot basically okay um I my question was how much I looked on the your drawings but I didn't see how much fill are you bringing in how much soil are you bringing in we not you're not

bringing in we're not bringing in so you're going to use everything existing that's on the property okay and in the in the rear of the house the wood deck with the surrounding wall is pre-existing I didn't go behind the house correct yes okay and that's the wall that we're putting there is just the knee wall it's replacing the you know the same railroad tire wall that was back there we're just replacing it with a uh modular block now I see that you are removing a couple of trees but you're leaving for the most part the rest of the trees on the property correct you we're just removing a couple of of the smaller ones yeah I I think I mean I see where where it's necessary as we discussed because you you need to you lose your land I mean in a landf landslide so you're trying to really retain all that property in the in in the back of the house uh one last question you have like a temporary uh construction entrance that yeah we put one we put one on either side because we don't know way the contractor is going to go in okay so the one that's on the side of the driveway is going to be remove one of is going to be removed after the project they're both going to be removed they're just temporary it's just for access to the property and not tracking sediments out to the road okay thank you you're welcome is there anyone in the audience or on the zoom call that want to speak on this application again see soone can I have a motion to close the public hearing I'll make it okay second all in favor I I public hearings closed so the only question that I had is what is the frequency of the uh the Weep the PVC weeping holes the frequency of the PVC weeping holes yeah I don't recall that I did anticipate that question but I didn't

recall it I think I have a detail in there and they typically we're not just pretty faces up here [Applause] we are pretty and smart I don't and handsome we [Applause] can't 12 12 ft on Center 12T on Center for them okay MH but it is a module of block wall yeah so they kind of it's not sealed um my experience with them is that because they are practically laid dry on top of the other y they do allow for some some some yeah I I'm just more sensitive there was just we had a collapse down in Bedford Hills so uh all right as long as as long as because I don't see where those are denoted on on the plants maybe this is them no that's the fence line I don't see that denoted on the pl I see the we Poes in terms of the the engineering of the uh the cut that it has on the yeah yeah but it doesn't show the frequency so I just would make note you know whenever they go and they do this that that is whatever is conforming with um with the guidelines that there's appropriate distancing or frequency of those show it shows the frequency I see see it in the section but I don't see the where it makes no Center yeah that's not that's not something that I I personally typically put in on fans yep as they are building it okay yeah but that's okay I just have a sensitivity to it cuz I've seen them the anytime there's a retaining W down that the engineer record will need to certify all work also okay we do ask so really it's a combination mer like you're saying of the drainage being properly installed but also you don't pin it into the you don't pin it in in

any way it's stacked the blocks the blocks are no the block the blocks are going to get a geotax mesh behind it which is what you know provides the support to prevent the lateral moving mhm on the wall yeah we had one other project not too long ago where we had a steep slope a house out on the lower end and they also had to have that retaining wall installed so great okay that was it thank you want make a motion sure uh the town of edford zoning board uh in reviewing at an application uh for 92 Stan Road Bedford uh seeking a variance to permit the construction of a retaining wall uh which is resulting in 10.7 feet at its highest and a rear yard setback as stated in their application the board has considered the need for this installation and recognize that the property is uh needs this protection for uh the loss of the land and also to stabilize the the the steep slope that essentially is on both sides of the property and uh for the safety aspect and also for the retention of the of the soil on the property uh as far as a variance uh the board found the benefit to the applicant by granting the variance outweighs any alleged detriment to the community and determined the following we have also no comments from any neighbors to uh have any problems with this project 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 the variance requested is substantial but necessary for the safety and uh uh security of the of the property itself the variance requested will not result in adverse physical or environmental effects on the neighborhood or community

and the alleged difficulty is not self-created it is it is created however it the situation itself demands some resolution uh that's only one of the factors that we consider uh as a board in making the decision and this is aspect is not a determination approval of the proposed variance will be subject to the following conditions the applicant shall use their best efforts to ensure that a building permit is issued within one year of the board's approval of this variance and then diligently pursue such construction to completion the applicant shall submit a certified as built survey yes uh including building and impervious coverage calculations to the building department prior to the issuance of their certificate of occupancy and the variance is granted in accordance with the plans that were submitted to the board which are dated the last rision date 23 2025 September no sorry I had September on the plans if you have I was given the last submission revision date on the what is the revision date on your 2133 21325 thank you also you have you put in any uh Landscaping uh following following the conclusion of the wall we we don't anticipate most of the growth there it's going to come back the trees the the mature trees that are there are going to remain so it's anticipated that that's going to naturally fill back okay thank you we also need though to include make sure that we have the engineer certification with regard to the retaining wall as one of the conditions in addition to the pre uh previous uh comments we need an engineer certification as to the engineer as required by the building department as required by the building department as to the installation okay

second I'll second okay Howard seconds it Mr Stern yes M Lee Yes M black yes Mr malles yes got it thank you thank you uh we have some if you want to pick up the uh surveys your you take them you won't need them you don't take them you'll need them tomorrow sorry I wrote all over your plan those two right there thank you thank you and I apologize for going out order here now we're going back we're going to Kevin jensel 75 deepwood Road Bedford section block and lot 74.5 did you call the roll call oh I'm sorry I did yeah I did they did yeah yeah I yes okay don't even know what I'm doing so okay maybe we are just pretty faces up here section block and lot 745 One-77 residential 4 acre zoning District the applicant is Seeking a variance to permit the construction of a swimming pool on a legal non-conforming lot where the lot size is 13 8,650 square feet or 3.18 Acres where a lot size of 4 acres is required in the residential forone in District and where the building coverage results in 4.04% where the existing coverage is 3.36% and where 3% is a maximum building coverage permitted and where the impervious surface coverage results in 10.90% where the existing impervious surface coverage is 9.85% and where a maximum of 8% impervious surface coverage is permitted in the r48 zoning District district article 3 section 125-1 D and Article 5 Section

12550 good evening who's speaking on this application uh my name is Dan Sherman um testing can you hear me I we can hear you okay great because I have to use these I don't have a microphone or a speaker in my my uh computer so Dan Sherman I'm the landscape architect for the guls and they are proposing a mod pool in an already cleared backyard right behind their house um I don't know if the board went to the site I was going to make a you'll see that it's all a lot of beautiful Woods which they're keeping there are no trees to be removed and there's a a lawn right behind the patio where they proposed to put this pool and we are a non-conforming lot it's 3 acres um the zoning is 2 acres and 4 acres and we're halfway in between and there is no 3 acres Zone but just for interest I thought that I would see what if there was where we would be so I divided halfway between the two and the four and if I mean if you'll bear with me for this but the numbers are complex in a way but if it were 3 Acre we'd be allowed to cover 4.5 with buildings where we're requesting 4.0 and with the impervious halfway between the two and four acres would fall at 11 % and we're at 10.9 so we're sort of Right On Target if if there were such a thing as a 3 acres Z so we're asking for that to be considered and again to consider there are no trees to be removed or no additional clearing of their lovely Woodland lot and it far exceeds the setback side yard rear yard there's no new building except the pool which does constitute a structure but they removed they already removed the Treehouse um there's a pool that's being removed there's yeah there's an old I don't know if it was non-conforming or

not but there was like a free form sort of a pool with a spa before I was brought on the project that I think has already if not in the process of being removed and we're adding strubber and flowers in that area uh is there anybody in the audience that wanted to speak on this application yeah it's um Bob reader here if you could hear me I'm the owner of the property next door please 80 um 85 deepwood and also we lived for a decade and a half at 101 deepwood so I'm extremely familiar with the the land here and what and what it involves um and what it looks like we want to make several points on this first of all this is not a flat piece of land it is non-conforming it's non-conforming just like 101 is and 85 are because there's a there's a conservation sment down at the bottom was put in to let horses go that that is a very very hilly area um there is not a lot of flat land that they own that's really usable so we're not talking about a situation where um they have three flat acres and that it's easy for the land to take this additional building um as a matter of fact your driveway your driveway begins on an easement from my property 85 they don't even have Ingress because of the hilly nature of this they don't they don't even have Ingress and egress on their own land they're relying Upon Our easement basically to get in and out which obviously is is fine they have the easement but it just goes to show that this land is not flat land where it can really hold a pool the the other thing I wanted to point out is that when they back flush this pool or it rains that water is going to go down

the hill and by the way the hill goes down to my property as well um right down my properties right there adjacent obviously um and there's nothing in here that I could see that says they have to put up a retaining wall to keep that water out uh from going down the hill I mean I don't know if any of the neighbors complained who are down below them but that water's going to run right down the hill into the neighbors and into my property as well and I obviously if you want wanted to approve this uh we would want a retaining wall put up and one that would hold any water that happens when they do a back flow or we get one of these rainstorms that seem like they happen all the time anymore that causes the pull over the flow there's also a sidewalk it looks like and I'm not an expert on these plans just a Layman it looks like they're putting in a sidewalk that runs along uh the property line and I wanted to make sure that that was not close to the property line whatever that whatever that is I wanted to make sure that it wasn't closed uh I also wanted to make sure that there was some protection to make sure that if if um somebody was on our land they wouldn't just you know a pool is an attractive nuisance as you know and what we certainly don't want is anybody to be on our land and go over towards their land uh obviously we're just a building lot at this point we're not we don't have a house obviously we can build a house if we want we have the same non performing variants that others do here but we we object to this we uh strenuously object to it because we don't think the three acres in its current state again if this was flat land um I wouldn't be on this call I would just say yeah it's flat land they when to put in a pool it's fine this is a hill they're on that that house is sided on a hill so we object to

this okay thank you it's actually my wife just said it's on a Ledge actually it's wor it's not it's it's on a [Applause] Ledge excuse me sir are you the property that's vacant with the black fence yes sir thank you it's just above it yeah to the side yeah would you mind respond and part of our property they if you look at the driveway that driveway where it begins is actually on our property they have an EAS for that they needed to do to get easement from us to get the driveway legal to go up to the house perhaps your representative would respond to the sure question sure I didn't I didn't want to until I was invited um can I share my site PL and explain the response um to do that I you need to speak up when you talk to yeah all right thank you um send request I think the sharing needs to be turned on yes yeah [Applause] okay well he pulls that up it's with regard to the pool permits and design and whatnot is there anything that's required I know that we have there is a requirement by New York state law that there be a fence put around the pool and that's shown on the plans but is there anything that's uh laid out to deal with an overflow from the pool that's going to be in the storm water and just to let you know in the drainage that they have to provide and they are they are going over uh 5,000 ft² there at 8,500 Square ft of area disturbance so they will need a full-blown uh permit from through our town uh engineer who will also have to do inspections they'll have to provide them all the cultech system also I believe this is looks like

it's going to be a steep slope so it's going to have to go before the planning board okay Bob as you walk us through those plans can you point out in particular where the fence is and where the drainage uh is intended to be Dan you mean me yes I'm sorry I'm sorry yeah there's a fence proposed immediately around the pool can you enlarge sorry can you enlarge your survey a bit so it's clearer too thank you there I think that's pretty good so there are some Old Stone retaining walls and this is a yard that's really flat it just you can see the Contours if you see my my to the left of the pool it droops off a bit we certainly could propose if we get permission for the pool another retaining wall with gravel behind it to hold water back but it's in the flag patio was flat and so the pool is right behind that it's not a slope there that was filled years ago so the pools proposed in the flat yard that does droop a little bit off to the side but not more than a foot or two then it's proposed to be completely fenced again it's in a cleared space the only flat place on the property I don't know of any sidewalk if that's existing Stone stair but there's no proposed sidewalk just a small patio um the retaining wall when the engineer does a storm water plan the retaining wall can be made to detain any water running but this acept field that's grass and the rest is pretty thick wood so it's hard to imagine any water would make its way through the wood after it's contained in the gravel behind the retaining one um so that's not really a steep slope area although there are steep slopes on the property and we'll do whatever is required to conform with the permitting procedure and and excuse me between the

pool area and the neighbor who is objecting there's a rock ledge so it does not fall directly off of the pool onto the neighbors proper property there's a Rock Ledge in between is this up on the right of my plant yeah it's rock ledge yeah that's uphill the water from that property would come our way nothing could go up thank you and then on the left there are several Stone retaining walls on the left they're old stone walls there yeah so in a sense the Le the ledge the flat ledge is surrounded by some barriers uh or in order to run off and to your knowledge has there there been any any FL any water prior to this uh moving onto another joining property no because the downhill side is so far away 180 200 ft down but it would be a nice idea to um where I have this purple line it was my limit of disturbance to introduce a maybe a 3ft stone wall to keep the pool area flatter so that any water could you know just go into the grass or into the gravel behind the wall as far as where the pool gets just charge to usually it's most towns it's supposed to go into a septic so that the chlorine doesn't go into the ground or out on the street so um they put it into the septic F and I think uh I think the neighbor was looking at what is labeled as the stone retaining wall um to the closer to their property line as they they read it as being potentially walkway but if you read that that half area oh yeah that's a little Garden Wall a stone wall again the water go the hill goes up so the water would come from that property down not okay is that a is that a chlorine pool or salt water it's a salt waterend to will not Sal well the salt actually turns to

chlorine T chemically but it's clean it's that chlorine is a salt it's just not chlorine that's put in yeah the salt generator cleans the pool by sort of turning it to a a salt type of chlorine but it's not salty not chlorin it's a the 30th is salty as the ocean Ju Just to correct one thing though it this is not going to be discharged into a septic system it's too much water to go into it you'll fill the you'll fill the tank and the fields up so this will have to go into into a dra its own storm water which will be handled with the town engineer the cold Tech system yes in towns like Scarsdale they wanted to go into the septic thing which is the sewer but I yeah I'm sure on a property with a septic field get you thank you no worries now I know there is also a we received correspondence from uh a Wayne Cohen at 25 deepwood who's in support who's in support of the Varian for the [Applause] P let's make that a part of the record and 25 deepwood yeah 25 deepwood and 96 deepwood 96 and 25 oh I didn't see 96 okay we have 96 deepwood as well yes sir I have I have a plan that shows the whole property if you want to see the bigger picture let's see the whole property yeah but I'm not labeling I didn't label what was around it but you can see how far down the slope it is from any activity with this pool um right it's a flat Bridge it's all woods and and Bob as I understand at your lot is the tax lot 7.6 16 when you go back to the other plan Dan it shows those tax slot I close you out correct I I have no idea what the number is I'm 85 which is on the right of the

plan sorry I don't yeah I don't know what number is 85 is adjacent to it 85 is where if you go down where the driveways at you see they have the easement from yes yes okay so your T that tax lot uh 7.6 and lot 16 7.6 acres really 7.16 lot 16 and then and here's where he's he's pointing out with the driveway this if this is the property yes then you can see the easement yep yep and it says easement for egress Andress there so I just want to make sure any other questions from anybody in the audience or any discussion sorry uh Dan could I actually I can't see it maybe I'm blind where is the actual uh septic fields and tank the fields are here here where the lawn has been made flat so I guess I don't this this tank must be somewhere is it on the Sur well the I don't know but I think it's somewhere between the house and the field okay well we'll have to see if the tank is a minimum of 20 ft from the pool and the septic fields have to be a minimum I believe a 35 yeah I think we are I think you got that but I I I would want to see the deceptic of Tank on absolutely right and and also just to let you know um you're fine to do the design as far as when it comes to uh the architectural side of it but any anything um structural such as a pool that has to be from either an architector an engineer all right yes the pool company is West fair and they they got that's fine yeah they have an Eng for that don't see the the tank but we can locate it great thank you okay have you tested will there be any blasting needed here no because the the the shallow end is on the right deep

ends on the left and that's all years ago was filled so we're going to do a cross-section and make sure when we excavate we get the virgin ground and then Bank it up with gravel or any footing that the engineer designs so that it's on virgin ground but it's in this area of fil okay so it won't be any wrong for thank you uh could I have a motion close the public hearing so move those in favor I I any more discussion she's got the septic feel we yeah I I think from our conversation the concern about water uh coming on to the adjoining property on the right side due to that steep slope is uh pretty much uh not not going to be a problem I I believe the engineer and the landscape agree on that and it appears that that's the case since the home on the right is on top of of a of a slope and this is below so I I'm I'm not sure that's happening I think I heard that most of the concerns were were responded to unless there's something I missed but in general I I I did observe the property and um they really have no impact and two people are other neighbors are supportive of this application it's all condensed on the one property and it's uh surrounded by a wooded area you can't even like couldn't even see uh homes in the surrounding area so I think with the septic system protected and the system that's being installed for the pool to absorb any uh runoff it seems very acceptable for the property I just turn that into a motion you want me to make a motion well on the other point the the landscape architect made with the proportionality here our regulations have a certain proportion of um coverage requ requirements and impervious and here when you look at those if you were to take the ratios it's in line with it

if you were to allow 3 acres only that was kind of the point it's con it's conceptually aligned so this is an undersized regard to the 4 acre but an excess of two the town doesn't have 3 Acre zoning but if you were to look at that this would be essentially in line with that so if it was a conforming lot it would not be an issue if you know if it was a 3 acre lot or allowed for three sorry if there was allowance for three acre zoning theoretically it'd be in conformance with what the code would provide so um I think that's an interesting it's sort of like having a little bit of an extra gift on one side but a little more restrictions because of that so correct um and here you know when you look at it to the that where you go downhill there's already retaining walls in place there and and Dan Dan I had a question for you with regard then where you note the purple there as adding an additional retaining wall is that something the client would be interested in doing or or yes okay I think I think in particular with the concerns about overflow from the pool but the client having a willingness to add a retaining wall along that uh I guess it's the Westerly slope that's going down the hill in line with the essentially where he marks the outer disturbance area so that you could have an overflow area if the pool itself were to overflow it would essentially be captured in that grass area and have an opportunity essentially seep through the ground as opposed to flowing over it and downhill um so I think that that's a a fair remark and with regard to the uphill neighbor I understand you know there's always concerns when there's disturbance on a neighboring lot here but I think the concerns regarding water flow given the site topography um for him as a neighbor are less of a concern because he's actually uphill and the water won't flow in that direction and the applicants willing to take steps to further help prevent any overflow and downhill flow of water and as we've heard from the building in inspector the pool itself that water

that's in there will ultimately have to be handled by its own septic uh system so any of those issues that are raised are being aply addressed essentially through the through the approval process sounds good to me that sounds like also another [Applause] motion sure I would move to approve the application as noticed the benefit sought by the applicant cannot be achieved by another means feasible to the applicant there will be no undesirable change to the character of the neighborhood or detriment to nearby properties um I believe that that's demonstrated by the plans and the location of the pool itself as well as supporting letters and the conversation around the neighbors concerns um having demonstrated that many of them are are being addressed by the applicant in the pool design the variance itself uh could be deemed substantial I would argue that in this case um it's not significant the variance uh resulted will not result in any adverse physical or environmental effects on the neighborhood or community in fact the location in which the pool is being placed does not require the removal of any significant trees or landscaping and is being done in an area that already been had been previously Disturbed um and so it's it's not creating any new disturbance essentially on the site as a whole and the old pool that's there will be um removed and filled uh back in as appropriate and landscaped appropr rately it's it's worth noting excuse me that that that old pool in the old hot tub are closer to the to the to the neighbor it's coming more closer to the house so and and this pool now will conform in fact with uh all setbacks more than conform with all setback requirements the alleged difficulty is self-created but that's not the only one of the factors to be considered by the board and making its decision and is not determinative approval of the proposed variant is subject to the following conditions the

will use their best efforts to ensure the a um building permit and pool is it a building permit and pool permit or just a pool permit out building a building permit is issued within one year of the board's approval of the variants and then diligently pursue the construction the applicant shall submit a certified as buil survey including building and prvious coverage calculations to the building department prior to the issuance of a certificate of occupancy the applicant shall also secure all other required approvals required for the insulation of the pool including but not limited to the health department the town of Bedford engineering department right they'll be looking at that yeah did you say the planning department for Steep there's no Wetlands they'll they'll take a look at Wetlands th slope and also U storm drainage okay so the applicant needs to secure all other uh uh approvals required in order for the um variance to essentially take effect the variance is uh granted in accordance with the plans dated uh February 19th 2025 drawing L2 um what else uh oh and the applicant make note the applicant had indicated that they would add a retaining wall to that uh Westerly area disturbance area uh disturbance area marked on a with a purple line so there'll be a small retaining wall there to help capture the water anything no sounds good second second yeah Mr Stern yes Miss Lee yes Miss Black yes Mr malles yes uh so Dan you got it Dan before you can you please just make a note to put that uh that retaining wall on there for us MH and then we'll connect with the the storm water engineer and start that process so

they have they have a year then to to yeah correct and if this if the area of work is doesn't involve a steep slope we might not have to go to plan because we're not disturbing anything beyond that purple line our our planning department is going to look at it regardless and then they'll determine if it needs to go to the planning board I see but you you're over the disturbance so you will need to show something to the town engineer So you you're already starting to do that okay thank you sir thank you very good thank you all very group all right thank [Applause] you Colleen and I'm not gonna get this [Applause] righto okay 77 buckon Road Bedford Hills section block and lot 601 19-1-2 residential 4 zoning District the applicant is Seeking a variance to permit the construction of the shed Dormer to a legal pre-existing garage which creates an increase in the height of a dimensional legal pre-existing non-conforming structure that resulted in a sidey yard setback of 4656 ft and where the Dormer results in a sidey setback of 47.5 Ft where 50 ft is required in the residential 4 Acres Zing District Article 5 Section 12550 good evening good evening uh Victor solaric the GU architect the owners are here uh to to see the process uh at work oh are you impressed I haven't been here a while it's good to see that that the room is empty everybody

zooming in this has been a speedy night let me just we don't want to jinxy so so this application is for a side yard variant where the existing garage extends into the side yard setback and we're proposing to uh install build a a shed Dormer on top of the garage to modify the already existing um um kind of recck room up above the garage there's very low Headroom and this will allow to uh space to be used more efficiently and so we push the the Dormer edges slightly away from the from the corner of the garage but that's still uh requires the variance because it's still less than 50 ft to the property line uh inrease in height yeah we're increasing the height but um U the that because otherwise they're only going in this much um un yeah we've seen we've seen this before this happens I'm I'm sure you have yeah it happens every day um so um if you're interested in the elevations or the I don't know whether you the board has uh been able to to visit the site uh but it's a actually the sidey yard is uh the access to the garage is two-car garage uh door with a parking and turnaround area that extends into the side yard and it's a steep hill up up up the hill so and there's no proper no no house uh in vicinity that you actually see uh this house or this property so it doesn't have any visual impact on anybody any of the neighbors it faces a rock ledge faces a rock ledge Yes another ledge uh The Stairway to accesses from with interior I didn't go into the OB yes it's it's an existing

stair that goes up uh from the from the kitchen area or or breakfast area uh straight up uh to from the house itself from the house itself from the house the okay yeah yeah it's an interior staircase kind of in the middle of of the garage with on the back wall you go go straight up [Applause] um so here actually you can see the the twocc car garage coming in and this is a staircase from the from the existing area and continues up to the second floor uh and this Darkly shade area as the area of the Dormer and and it has skylights up there now right it has some skylights now so it's going it is a wck room and it's going to have a you want to put a a bathroom in with a sink and that exists too that that that is existing oh it's existing yeah there's a there's a full bathroom up there I don't see anybody here that uh wants to speak on this application can I have a motion to close the public hearing so move all those in favor I I public hearing is closed any other questions no I mean are they limited to just in other words they can't make a bedroom or they it stays with the one bath or is can it be just a rec room stays with what they're not changing the bath they've just got the one bath mhm yeah just be rec [Applause] room how do you want to do do do dotion

on yeah TR thank you good evening 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 benefits of 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 and 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 alleged difficulty while is self-created but that is not 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 the applicant shall use their best efforts to ensure that a building permit is issued within one year of the board's approval of this variance and then diligently pursue such construction to completion the applicant shall submit a certified as built survey including building and impervious coverage calculations to the build building department prior to the issuance of a cert certificate of occupancy and variance is granted in accordance with the plans submitted to the board dated well it's revised for the zba 22725 22525 227 you have 227 plan a A1 and A2 are 22725 okay I have S1 is 225 exactly okay the three of them and submitted to the board on March looks like March 5th or 6th 2025 can I just make one one

question slash comment here please the the work that's going on is it it's just over on that second floor essentially over the existing footprint so in the the plans that they submitted here they actually have it's uh the C you have this signed and sealed set of plans that has the coverage and impervious on it there's no changes normally require it because there are changes to the fli print even when we could have a three-dimensional here the three-dimensional variance is solely to the second floor that's not going to require any construction or change anything that was previously certified so I don't see the point in this case of requiring to go and get another certified survey they're going to submit the same exact drawing to us again because there's no footprint changes or groundwork to happen it's simply a modification to that Second Story how will need that for the catch for the that's up to the board I mean they if we have a survey that shows the 47.5 we can measure off of that to see if they got the one foot back right you know so we don't need no I I would say this if when you're done with construction someone could take that singular measurement to confirm that it matches the plan and submit a letter to the board that it's in conformance okay and if not then what's going to happen is the that we would have with a certified survey of have to return and get the variance essentially to match it but in this way because I they're not touching I will amend my application to include the language show that's where you got this I just 4656 there you go so yeah I mean I'm inclined to have him certify it also yeah you know that's okay because it's because we do do have a setback already in place that shows where you are and

they're not going past it they're going within the house okay right and if it was a situation where we were doing new construction or a build from the floor up into that space I would say it would make sense to double check but I I don't this one of those rare rare instances where it's not necessary you must be very impressed with us at this point by Saving you all El brilliant just we need to have a roll call here wait who second second Mr Stern yes M Lee Yes M black yes Mr malles yes you've got it thank you very much take your plans your extra plans that you're going to some no you almost gave him you're you're not well I am well actually I don't know why I know I don't know why I don't it must be allergic to you no I have feel you're getting something and I'm have a feeling I'm getting something right after that is there anybody any discussion anybody you wanted to have before we adjourn the meeting no can I have a motion to adjourn until what are we next day is May May 1 I think is it May 1st is that the first th I think it's I think it may be I think you actually may be right for switching because I have a family thing tomorrow uh hold on I'll tell you I I A second we can adjourn we can adjourn it is um it is May uh the next meeting yep thank you um all in favor I I I meeting