Zoning Board - Regular Meeting

Good evening, ladies and gentlemen. I'd like to call to order the zoning board of appeals for the town of Bedford for February 5th, 2026. I'm Peter Mccalis. Um what will happen tonight is um your application will be called um and read aloud. um whoever is presenting for you or talking on your application if you could come up to the podium here at that point and explain it what it is you are doing. This is a public hearing so people will be either on the zoom on a zoom call potentially or in the audience to speak on it and I would like to ask that if you are come here to speak about an application that you speak you're speaking to the board. You're not speaking to the applicant. Uh the applicant of course can listen but you're speaking to us. Um whether we re are able to reach a decision tonight will be dependent upon you know what what we hear and uh if we have additional information. Uh we usually try to reach a decision tonight. Um and uh with that said uh we are usually a five member board. We our fifth member will be joining us um after her daughter's recital. should be finishing up. And um to prevail, you would need three votes in favor of your application right at this particular moment. Um even when the fifth person's here, that's what you would need. Uh Kim, would you like to start with the first? Uh

sure. Graham and Barbara Gurnie are seeking a one-year time extension for 64 David's Way, Beedford Hills section blocking lot 60.20-1-8 20-1-8 in the residential 4acre zoning district where a variance was granted resolution 4194 to permit the creation of a 864 square ft one-bedroom cottage on the second floor of an existing accessory building barn where the accessory building was issued to CO on 41018 and where no permit for a cottage shall be granted until 5 years after construction of the accessory building. The proposed cottage will be served by its own driveway where a single driveway shall be used for access to both the main residents. The building coverage on the lot is existing non-conforming at 3.12% where 3% is permitted. Article 5 section 125-50. Article 3 section 125-11 and article 8 section 125-79.185. And I think uh allow Miss Bernie to talk.

Say again. I believe Barbara is online. Oh, I I am online. There you are. Good evening. Hi. Hi. This was granted a number of years ago, but we didn't get to go ahead with the job at that point for a number of reasons. And now we're at a point where we'd like to complete it. Nothing on the property has changed at all. It's exactly as it was when we got the original variance. I'm sorry. So you you want to go forward with it? Yes. So you're not looking to extend it or you I'm sorry. You're you want to extend that so that you can proceed with it now?

Exact. I was told we had to ask you to ask for the application. So I was so I sent a letter requesting that and we'd like to go ahead and begin again to try to get the apartment uh completed. Gotcha. And and um as I I think I I asked um nothing has changed, right? Nothing at all was exactly the same. The only thing is we've done a few things like got we got an up-to-date survey completed and things like that, but otherwise it's exactly as it was when you checked it. Yeah, exactly. what what you want to build, what you want to do hasn't changed at all. No. No.

Okay. Cuz at the at the completion of of of that, you will be doing a uh to get to CFO, you'll have you'll be providing a certified um uh survey and we have that on now. We Yeah, we're held up because of all the HS FURs regulations which got very expensive. So, we decided to put it off, but we decided now we'd still like to go ahead. Gotcha. Okay. Um, do I have a motion to approve the time extension for so that she can go forward? I'll make a motion. All those in favor? I I Okay, it carries.

And this is one year to expire from a year from today. From today. Yes. So you you you you've got it to move forward, but you should be moving forward um to get a building permit um as quickly as possible and then uh complete construction with, you know, hopefully before the end of the year. We'll do our best. Thank you very much. I understand. Is everybody in favor? Yes. Yes. Anybody opposed? No. No. Is opposed?

Okay. Next one. Sten and Susan Sanlong are seeking a variance of article 3 section 125-12B 125-27F and article 5 section 125-50 of the zoning ordinance for five the terrace Kona section blocking lot 49.15-4-59 in the residential quarter acre zoning district to permit a full bath in a pre-existing detached garage with an art studio above where a full bath is not permitted in an accessory structure on a legal pre-existing non-conforming lot where 10,000 square ft is a minimum lot size requirement where the lot is 9,975 24 ft in the residential quarter acre zoning district and where the garage sideyard setback exists at 6 ft where 15 ft is required and where the combined sideyard setback is 5.6 feet where 35 ft is required in the residential quarter acre zoning district. Thank you. Thank you, Kim. Good evening. Steven Helms with the Helms Group Architect. For the record, I'm representing Stan and Susan Sandlin, who have been residents in Kona for a little over 30 years, have raised their daughters in this house. And uh uh this is a kind of a unique property. It's actually got two front yards. It fronts five the terrace and also Valley Road. Um the house was built in the early 1900s as well as the garage barn structure, detached garage. It's we're going we're seeking a variance tonight for uh to uh allow a full bathroom in a detached garage with an art studio above. So there is a variance request here article 3 section 12527F to allow a full bathroom in a detached garage with the studio on the second floor. Second floor consists of about 330 square ft. This property is tied

into phase two of the septic. At least the house portion is now and the garage will or the art studio will be connected to the sewer uh district. Uh which is a good thing. Um clean up that. Um should be noted that there's no change in the in the footprint of this building nor the height. Uh it's basically a renovation on the upper level to a art studio. There's no kitchen facilities, no sleeping. Um we were originally going to try to do a cottage, but uh it cottages aren't allowed in your zone for two in a quarter acre zone. They are allowed for permitted in a two and a four acre zone. So that's why we went with the art studio. There was some renovation done in 2017. We filed a plan with the building department, Mr. Sorako's office uh to legalize some of the work that was done getting electrical certification, plumbing certification, but again, no change in the height is it is a pre-existing non-conforming structure. Um and um Sten likes to go out there and and and relax uh work out there as an office part time. Susan enjoys it as well. Um we did send out the public notice. It was, I believe, 66 neighbors that were um uh contacted. I'm not sure if there's any opposition that came in.

No correspondence.

Yeah. Um Ben, you want to add anything to my presentation? I mean, you're going to stay put there. You like the neighborhood. You've been there. Um and uh I don't think it's a detriment to any of the immediate neighbors with what they want to do or continue. Um, and a full and a half bath is permitted, but we're going for the variance for a full bathroom. The cold weather just makes sense to, you know, there is a bathroom out there, but uh um they like the garden and so forth, so they have to take a shower. That's it's there or there. Um, I do have some photographs. Uh,

share with the inside. This is upstairs. Downstairs. That's the upstairs. Yeah. Is that correct? Yeah, I saw it. And the garage is underneath basically. This is just sort of tops off the garage. This is only the second art studio I've seen since I've been on the board. It's only the second one. Was there a trend in that area in the 30s to to bring in those kinds of detached structures especially on the terrace they don't lack a lot only one or two houses that have a Yeah. Well, we had another one in Katona that I thought maybe there was a trend in the 30s for art studios or something. My dad was ary

a lot of artists in town. This is a very small. Is this sewer here or something? too. Okay. And it I know it says no uh no sleeping allowed but on under the board health this would technically be looked at as a as a pet load. How does that how does that work with the sewer? Chime in on something like this. It's connected to this connected to sewer. So that board of health is so private on the one open room even if it was septic. Well, if it was like a pool house, you send it to the border house. I mean, in this, it has to be approved by Kevin W, right? That's what you use. So, he basically acts as the, you know, the health department in this case.

Yeah. When was this picture taken? That was taken probably in uh uh late September. Late September. Yeah. Cuz there's a fence across the whole I mean, I didn't see any entrance for a driveway off a valley. It's there. It's there down the side of the house. There's an alleyway where they park their cars. You go past it and it leads right into it. And then on the other block, what is it? Holy or something. That's the entrance to the garage that's underneath. This is on sitting on top of a garage. No, no. I went around a valley. Yeah. And there's a there's an there's a arbor and there's a white fence that goes all the way across.

You can see is there's a gate the people we bought the house from the town. Uh they it was a barn curve on valley truck. Gotcha. We have gate drivers. Yeah, I see. I can see some of the pavers in there. So yeah, your tires don't sink. You have an older car there that you're refurbishing? Uh my mother-in-law's car. Okay. Well, and it's also a lot of snow, so I couldn't see. I mean, it all blends in right now. Walk down.

Yeah. Yeah. Fire rating separation between the garage and the living space above. And you're going to put a modern toilet in, correct? Yeah. Not a compost toilet. I I observed the compost toilet. I was impressed. Is there anyone in the audience who wanted to speak on this application or on the Zoom call? Please raise your hand if you do. Please raise your hand if you do on the Zoom call even in the room. There is none. 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 discussion? The only

beautiful little place I don't know is the the history of approving um pull bass in accessory structures like this. I know there was like a barn the movement for the barns to be able to get a bath. They already have a shower in that bath. Yeah, but you're Yeah, I'm just saying. Yeah, regardless, it says he said that a half bath is was approved. They're asking for the full bath. So, that would make a shower, I guess. But no sleeping you're no sleeping's allowed out there. Yeah. You're saying no sleeping's allowed out there? No. No. Okay. Um not sleeping. So, do you want to make a motion? Sure. And then we'll put in the no sleeping and We're sleeping. Stay awake if you're in there. Thank you.

There's no nodding off.

Yeah, no nodding off in there. Um, regarding the application of Sten and Susan Sandon for five the terrace kona to install a a full bath in their accessory structure. The board has considered the application. Uh there is no objection in the neighborhood. they have uh information has been distributed and um in particular this board found that the benefit to the applicant by granting this 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. There will be no undesirable change to the character of the neighborhood or detriment to nearby properties. The variance is not substantial in that there is an existing half bath in there and the variance requested will not result in any adverse physical or environmental effects on the neighborhood or community. In addition, the alleged difficulty is requested and self-created, but that is one of the factors that we consider in making a decision and it is not the only factor and it's not determining our decision. Approval of the proposed variance would be subject to the following conditions. The applicants shall use their best efforts to ensure that a building permit is issued within one year of the board's approval of the variance and then diligently pursue such construction to completion. The applicant shall submit as certifi a certified asbuilt survey including build building and impervious surface coverage calculations to the building department prior to the issuance of a certificate of occupancy. Although Al there's no coverage issue here, right?

Building an impervious comply. So yeah. So existing buildings. Yeah. So the variances granted in accordance with the plan submitted to the board dated looks like November 4th. The last date was 1229. Say again. The last date should be 1229. 1229 25 25 1229 25. printed on this thing. It says 11425 12 11 11 11 11 We received it on 114 changed the drawing but uh non No, they say the received date in my office was 1142. Yeah, there's no date on

So what's the date of the actual plans you're submitting? The 11th floor was submit to the building department. Yeah, that's it. in really 12 29 122 122925 you don't have to go back before the planning board or anything no anything oh there'll be no you put in the no sleeping uh I I will add that to the um to the documentation that they've agreed

they have agreed and that there will be no sleeping that's part of the approval of the variance that there will be no sleeping uh in this cottage accessory building. They'll stay overnight. Yeah. Do we need the survey uh since we're not building anything? I was That's what I was thinking. It's the same coverage. The same it doesn't have coverages on it. It doesn't have coverage. No. Well, under the Yeah, that's his coverage. So, it's up to you. And since we're not changing the footprint, we need the footprint. I was thinking Yeah. He's he's got a survey that shows the 6, correct? Yeah. Yeah, we have a survey on as long as we have that survey. Okay.

How much 20% was 16? 40. You only got 25. So, we're well under. That's fine. We We can We don't need the survey at that point if you've already got it. As long as you have one. Yeah. If you don't have If we don't have one, then yes. Okay. I'll second that. Mr. Stern, yes. M. Lee? Yes. Mr. Van Lover? Yes. Mr. Mac? Yes. You've got it. Great. Thank you. I I'm wonder It's a $50,000 bathroom. Extra copy. What's that? The bathroom is $50,000. No, the for the renovation.

Oh, she rock. Okay. Hard flooring cleaned it up. Oh, okay. Yeah, that kind of stuff. So it's it encompasses. Okay. We um probably should toilet. This is definitely being added into the sewer, right? There's no question about that. Okay. A minor stream. Mr. Helms, there's extra copies or the copies. If you take them, you won't need them. If you don't take them, you'll need them. Thank you. Me, too. Back. Don't go anywhere.

PRM Bedford Hills LLC is seeking a variance of article 10 section 125-102 111 and article 5 section 125-50 uh for 17-9 Babbot Road Bever Hills section block and lot 60.14-5-57 in the central business zoning district to permit conversion of a legal pre-existing non-conforming building from office space to a restaurant and service business where a total of 16 on-site parking spaces and one off- streetet parking space is required for a restaurant and service business and where three on-site parking spaces will be provided resulting in a deficiency of one off street loading space and 13 parking spaces in the central business zoning district and where the front yard setback is 0.1 ft where 10 ft is required and where the building coverage is 4950% where 20% is the maximum building coverage permitted and where the building and parking coverage is 94.09% where 80% is the maximum building and parking coverage permitted in the central business zoning district.

Okay, my name hasn't changed. Stephen Helms architects representing Ryan McCarthy uh Beford LLC. Um this application is uh is basically it's a one-story existing building. It's been there early 1900s again. Um we it consisted of a barber shop on the first floor and a all stadium that has vacated and has been out probably two years. Five years.

So it's a the building footprints about 1,800 square ft. The barber shop is staying has its own entrance, but there's about uh I don't know 1,400 square feet left. And uh Ryan would like to have a bar grill type of uh small establishment, not a cafe, but uh not a full big restaurant, but a bar grill um type of uh use. It is a permitted use in the CB zone district. Um uh the problem is that on this property, there's a building in the back that had a fire a couple years ago. It's apartments. So we by right with the planning board we have three spaces allocated for that. So we don't compromise that. And that leaves three on the site offsite parking. By code we need 16. So we're deficient by 13. This type of use I don't know what the breakdown is if it's going to be more used at night or in the lunch hour but certainly at night I don't see a parking problem in town in Bever Hills. Lunchtime you might have to walk an extra block or a half to find a parking spot. Um but we are deficient by 13 and with loading uh most of the loading for the delies and uh the other food establishment type of uses there are street

and early morning. Yeah. Yeah. Ryan McCarthy. Yeah. Please come up and introduce yourself. Yes. Introduce yourself.

Ryan McCarthy for PR in Bedford Hills. Um currently at Nolvin's Deli which is next door they load through the back so we would assume it would be the same thing. will be off street loading. Uh as far as this specific property, it's been vacant now for about four or five years since co we've been trying to rent it to different people and the parking is situation always comes up with everybody. Um if we were to rent it to another retail place, they'd be open during the day. They would take up more parking. The concept here is really a bar and grill, something that's more for the night crowd for dinner like that. Yes, they'd be open for lunch, but you know, a couple uh tables here and there for lunch, but mostly a dinner type of crowd that really shouldn't affect the parking as as it pertains to everybody else that has businesses in the area. So, we're just trying to figure out what works best for the town and this is what we came up with. So,

subject to planning board and health department tool for the kitchen, but uh yeah, it's we were originally going to go. So, you got you're going to go back to the planning board. Yeah. Yeah. Yeah. We did present this and about a year ago we actually had a little more aggressive project. We were going to do apartments on the second and third floor, create a mixeduse building, but with the codes and so forth, that would require an elevator and the footprint is really not large enough that the the cost outweighs benefit. So, it's the three places you have are behind the building. There are three. Yeah. Yeah. Okay. Right behind the building. Yeah. And uh and with the way the village is set up with the parking similar to Katona, there's a lot of restaurants, papinos, the blue dolphin. People just find a spot and they walk. Um

and then employees would have permits. Is that the way it would go? Yeah. I don't know how the town would structure the permitting for the deficiency. Uh unless the planning board can wave any I know they can wave it on a cafe use. Oh yeah. Up to 50%. I don't know if we'd get any waving on that. Is there any takeout planned? uh most restaurants that do a takeout. percentage would you say take out is well I I would say a lot of people would walk is a good example and take it you know with them because they're walking in that area anyway and then well if they're walking they might take it with them but I I see this more as a go out social type of thing you know the point is get out of your house really it will be a small bar standup tables and some tables to sit in the back there

I approve I I'm in favor of the off street uh delivery because if you're driving in Bedford Hills and those huge trucks are delivering. It's a huge problem to try to get around them visually and everything. So, it's much better if deliveries could happen behind. So, you have three spaces in that lot behind the building. Six. Six. Three will be used for the uh the front building. Three are designated for the apartments. Are they one bedrooms or two bedrooms? Two one bedrooms. Two one bedrooms which require three, but the reality is we probably only have one car each. So, okay. There may be a pickup there. Will there be a dumpster then installed for the uh there'll be a dumpster for the you know the your own uh service there? I know. Um

and I'm sorry and and as far as the other restaurants around so you have well not restaurants they're they're delies. You have Nolan's and then you have Bever Hills deli. All those dumpsters are in that back lot and the Can you get a little closer to the mic? I'm sorry. I apologize. The way it's the way it's set up now is that back private parking lot. You have Noven's that backs up to it and the Bedford Hills deli and all their dumpsters are back there. So, we would put ours back there with those and the garbage trucks already coming to pick up from there anyway. So, it all kind of makes sense what's already there.

Have you had any discussion with um like the library? Because there are a bunch of parking lots back there. I mean, you're probably right at night time there's not going to be a problem. Um have you had any discussion about during the day if people park back there? I I haven't went and spoke to anybody specifically. Sorry, I didn't know that was a I know they're trying to revitalize Beford Hills, the ham there just to bring in more people serve on weekends and and this type of use might be it. No, it was definitely in the comprehensive plan. I don't know what's in the food going to cater to what type, but it's boring.

Boring grill is it's general right now. We have to kind of narrow it down, but boring grill is what we're looking to do. And and like I said, the space has been vacant since co Yeah. So very hard to get somebody in there. And uh again, any other use that I could think of would be more of a detriment in my opinion to the farm. So

Well, actually I having been on the comp plan for Bever Hills, there are a lot of fast food obviously delies that people some people, you know, they they find it great. Other people want some some more places to go to. So, I think it's pretty much in line with our plan that we hope for more people living down there and in the area and also having more services and stores accessible to them. We did obtain Kevin W's approval on the water usage for this project. Definitely, that's one of the first priorities to get moving a project

and we fought for the 40% of the sewage here in Bedford Hills and we won. Is there anyone in the audience or in the Zoom call that wanted to speak on this application? And if so, could you raise your hand? Um, in general, I would make the announcement that we did get a letter in opposition, but it was not signed. It wasn't uh don't know who it came from or where it came from. So, we would we don't really can't really acknowledge letters like that. Um, so somebody living a block away.

Yeah. Who knows? And um, so if anybody wants to write letters to the board in the future, which we encourage, you need to put your name and address on it for us to take them seriously. I think they referenced Robinson Avenue, which is nearby. We didn't even get a Robinson Avenue. Not the one I saw. It's in the letter. Oh, it's in the letter. And a lot of their concerns are really for the town itself, the hamlet, not so much this specific lot. Yeah. Gotcha. Are you going to be keeping the brick or redoing the facade? We'll just clean it up. Keep the brick. We're going to clean it up. Your lighting signage.

Not going to paint the brick. I We have no plans to do it right now. That's just one of my pet peeves. You paint the brick and a year later it's got to be repainted. Uh that although that building has a lot of white uh paint on the on the structures right now the side well the side's all concrete. So we actually recently just painted the side. This is an aesthetic thing you know but uh the whole streetscape in Bedford Hills is changing rapidly. So in a way it's nice to have that one large building that that you know continues and has a you know single street uh look to it. So, I'm I'm in favor of the way it looks now.

Um, having heard nothing from the Z uh from the Zoom call or from the audience, can I have a motion to close the public hearing? I'll make it. All those in favor? I I public hearing is closed. Howard, if there's no more discussion, you want to make a motion. Sorry. Well, un unlike Katona where we had a lot more

Katona we had a lot more flexibility approving variances for for parking deficiencies because we had quite a bit of support in terms of parking lots. Do we have enough information for from Bedford Hills and from from the town to make make an informed decision on this kind of deficiency? What I have I'm working in a little mini committee for Bedford Hills and what I have is there is a lot five that has been permitted to some workers in Bedford Hills

but a a number of people are using the other lots during the day and there are spaces then available in lot 5. However, at night those lots empty out because the the stores you know are closing down and many people park in the post office lot too at night. Mhm.

Um, so there is parking around there and people usually find it. I would say it's an advantage at night during the day. Yeah. It's it's much more jammed up, but you know, I I always manage to find a spot somewhere whether in front of the NOS's or over in the post office lot if it's during the day. So, but it's come and go traffic. Nobody really except for the workers that are working there. And there's a situation with that big brick building. I don't know what the name of the road is, but the one where that Fzingas is on, if you start walking up that road, there are massive amounts of parking lots according and including the library and at night that's open and those are all mostly all open. Um, and so there's a lot of parking there.

I'm asking them to make a map of the parking so people can find their way in town because it's just like you drive through and there are some privates and there are some and many publiclix. I mean, it's always going to be a problem. I mean, today when I was there looking at the um at the building, um um somebody was getting a delivery. Oh, the delivery. And the delivery took up one whole side of Bab Road and uh and so all the cars are backing up and going around. You can't go around them.

So, is this something that that the planning board can manage then and there address? I think the planning board can certainly address it if we give the permission, you know, the variance to on the 13 spaces. Uh, but I think there has to be something for your your employees, but you've got three lot you've got three places for at least that. I I think a lot of them would take the train. Okay. Well, or even talking with the town about taking picking up some of the the train parking the spaces over in the parking lot of the train. Yeah. I don't know if the train station's 100% full. Oh, no. It's wide open. Yeah. Church.

Many people who work in Becker Hills are not parking back there where their permits are. They're parking closer. So, there's a lot of space back there. Well, there's people that live locally, too. We were just having a conversation. I grew up in the town. Yeah. So, when I was 15, I used to ride my bike down and work at apartments. Um, shop down there. Wasn't a deli lunch. I'm sorry. I mean it's if the food is good, people are going to walk. If it's good, it's got a good All right. Make sure the food is good. That's the important That was my best. I mean, again, Peter, I do have somebody here. I'm sorry to interrupt you that is raising their hand to talk. Joe Lee. Sure. I don't know if that uh you could speak now. Yeah.

Hi. How are you? Good. Thank you. I have a question. I'm a business owner in town. Can can we get your name, please? My name is Jolie. Last name Halpin. Thank you.

And I've been in the town for about 23 years and the parking has always been a situation, especially downtown. So my question is about three of the same businesses of Novia if we allow this restaurant to come into our town. Where are we putting all these people during the day that we already have so many parking spot issues outside? Yeah.

Well, I I think you know that's what we were discussing is that this is mostly a a nighttime business. So, this isn't another deli. This isn't going to be the fourth deli in Bedford Hills. Not going to be open up in the morning. Not going to be open in the morning. It'll have a very light lunch crowd for people that want to sit down and have a table because there really isn't any place like that other than Nino is in town and then mostly a nighttime business when everyone else is out of town. So, that's really what we're looking to accomplish. Are you going to have live music? We actually I would love to, but we don't have the space for it. It's about 1,400 square feet and I think we have four tables planned.

Someone with a guitar. Uh they have that at certain restaurants in S. Guy plays a guitar, but that takes up a seat. If you want to come do some karaoke, you can. Yeah. Okay. Thank Thank you. Thank you. Any other hands? No. No.

My personal thought is is the town requires more people. More people means more cars. More cars means more traffic means it's a busier situation. But like anything else, the busier it is, the more people that will come. And they'll come for other reasons. And while traffic and parking may be an issue, it will revitalize, in my opinion, the downtown, which ultimately is what the town requires and needs. Uh, I remember what was it? Pachetes was the Oh, yeah. It was my

the the the the owner, the woman, when I first moved to town, she was in her 80s, and she complained because she said that the whole town changed when they made it a two-way street. and when she grew up and she said it's busy. It's busy and busy is good for the town. It's difficult for parking, but there's enough parking in my opinion behind and all the way around. And as Rosemary said, if the food's good, as you said, food's good, people will walk. And I think it it'll help revitalize the town. And it's not going to be another deli where people are going to stop, jump in, get what they need, and move on. And so I think it's a pos my personal belief it's is that it is a positive for the area.

Want to make a motion there. That'd be great. Thank you. Close the hearing. Yeah, we

Yeah. In particular, the board found that the benefit to the applicant by granting the variance outweighs any alleged detriment to the community and determined the following. The benefit sought by the applicant cannot be achieved by any other means feasible to the applicant. And there will be little if any undesirable change to the character of the neighborhood or detriment to the nearby properties with most of the parking needs being taken up at night. Uh the variance requested is not substantial, although could be a little busy during the daytime, but when the food's good, we'll find a place to to walk. The variance will not re will not result in any adverse physical or environmental effects on the neighborhood or community. And the alleged difficulty is self-created, but that is only one of the factors to be considered by the board in making its decision and is not determinative. Approval of proposed variance will be subject to the B 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 diligence diligently pursue such construction to completion. I do not think that we need an asbuilt survey because it's an existing building and we're not moving on the building and that the variance is granted in accordance with the plans submitted to the board dated in very small print 123025 and received by the town on January 6, 2026 to get all

subject to all planning board health department and any other approvals that may be necessary. And that is my motion. Second that, Mr. Stern? Yes. Miss Lee? Yes. Mr. Van Loverin? Yes. Mr. McCallis? Yes. You got it. Good luck. Thank you very much. Thank you very much. Get all discounts when you come when the restaurant's open. We'll take We'll take that. You out. Good thing I'm When when you open up, sir, come visit the fire department because we're always looking for food.

And at night and at night, we're always looking for food. Good luck. Thank you. Oh, wait. Take the extra plans. Gail. Gail owns the store. You won't need them if you take them. Gail, that's my theory. I should Thank you, sir. Good luck.

All right, Brian. Let's see what you produce. Michael Romano and Lauren Fanes Fanska if I said that right are seeking a variance of article 5 section 125-50 of the zoning ordinance for 99 Mado roada section block and lot 4920-2-7 in the residential 2acre zoning district to permit the construction of a garage with a bonus room and interior renovations to a pre-existing legal residence with a sideyard setback back results in 8 ft where 40 ft is required and where the com combined sideyard setback results in 56.1 ft where 80 ft is required in the residential 2acre zoning district.

Good evening everybody. Good evening.

William Basher from Rayax represented the owner. Lauren Fa is right here. Um, we have been going back and forth with this an addition, a garage addition that they desperately need, especially with the weather like this. You need to have the car indoors. They do have a small garage that's not really functional very well and they need additional space, but they also need a family room. The families are growing. The kids have space uh have a need for space. So therefore, back and forth in in trying to accommodate this, we decided on converting the garage into a family room for their need and adding a garage attached to where the kitchen is on the side of the house and where the driveway is. And as a result, we will encroach on the setbacks. And the encroachment on the setbacks, I understand it's a little bit substantial. and how we uh showing it on the plans. The if you notice on the survey of this property, you'll see that the house is set on a very small percentage of the property and the rest of it is vacant because the way they did the subdivision and the road wraps around the property and three sides. So, we have a lot of front yards. Now with the location of this garage is proposed is basically the only functional location for an attached garage in the front of the house. That's where the septic area and if we put a garage in that area let's assume there's no septic I still will need a variance on the other side where the bedrooms are and that's I don't know if you've been if any members been to the board there that's like a cliff over there. It's really, you know, and if we put the garage on that side, the accessibility going from the garage, you have to go through the bedrooms to get the house.

If we put it in the backyard where it doesn't need a variance, we kill the backyards for the family. And that's the only outdoor living space for this family. With that said, the encroachment I understand is substantial. Uh the neighbor on the right hand side or above them is friendly and they have approached the neighbor and spoke to them personally and they have no problem or objection considering that their house is on the opposite side of the property of the same shaped property a long property and their house is on the other side. the the like I said the location of the garage will not create any negative impact on the neighborhood. The it will the house will still in you know compatible to the rest of the homes where they have an attached garage to it. Nothing unusual to it. The um area where we located there it's really no other land available. We wish there's some land or to go for a lot line change, what have you and do it, but that's kind of very hard to do. So, we can't we can't do do that. And the need for this garage is really a must, you know, with the family. The kids are getting older and there's bicycles to be stored, whatever. And and the way we did it is we have a little storage area in the back. It's like a 6x8 area just to tuck everything away. And the two cars will be parked in the garage. Can I interrupt you a second? Um,

so I came in today off of Narrows at 10812. There's a driveway that one went winding back up. Um 108 was the first one down and the 112. Yes, there was a car from California parked in the uh No, that's the other property. California is the other. That is that fence around that driveway. Yeah. Lion. Are we talking about Narrows? You're thinking of property. No, Narrows is the next one. We have the next one, too. Oh, there's Mato. I'm sorry. God. Okay. I know what you're talking about. This one has Yes, you're Rapsy, right? You're wi

Yeah, I know what you're talking about. Yeah. The other one is And where you want to put this is right as you drive in. Exactly. at the end of the exist and you're you're basically you have nobody to Yeah. Because the because Mato wraps around you, you really a horseshoe around the entire property and and your nearest neighbor is up and away. Yeah. About a few hundred feet. Yes. I'm talking about like maybe like 600 700 feet down. The same shape of a property. One house on this side, the other one is on the other side. Yes. Did you put the per Did you Did you put the perglas up? Yeah. Did you get a permit for that?

You're going to You're going to need You're going to need to do that. Oh, they were pergo in the back. They're not on survey. They're No, I know. They I when I when I went around the back, as you come around the thing, you can because it was winter time, you can see straight up, but you're And I They look like they were new. Where's that? You're just going to but you're going to have to get a building permit for them. Unfortunately, it's a structure and unfortunately you have to get a permit. But I'm not holding that against you. No, where you want to put the what where you want to do what you want to do makes the most sense and um and and it looked logical to do it there. So

So all these rebar sets, those are all the property line markers on this on this uh drawing. You have rebar capped rebar set all around the property. Yes. And those are the property line. Yes. Okay. So that was the survey done. Yeah. One item I wanted to mention is see this fence over here. It's for the neighbors. They maintain this property. So it's really separation. Looks like Yeah. And I see the well is in the back. So that's also not a open space.

Is there anyone that wanted to speak on this application on the zone on the Zoom call? if you can raise your hand or in the audience. I don't think there is anybody else in the audience. Do not see anyone. Well, then seeing no one, can I have a motion to close the public hearing? I'll make it. All those in All those in favor? I I public hearing's closed.

Al, you were out of the room. Yes, sir. She's going to need to come for a permit for the She's got two perglaws in the back. Okay. At some point, it's not a big deal. Don't worry about it. You're in trouble now. I would just note that since there wasn't a violation issued. Yes. We have plenty of resolved. We have just added two benefits. Separate disciplines. Each needs it own permit. Okay. The corner is over the line. Do we legalize that now too?

We're far away athletic. No, that's pre-existing not

what they want to do here is going to have no effect on anybody. My none of them. Um and you know it's a logical thing to do. I mean, no, all their other numbers are seen in many calls. Why don't you want to make a motion? Sure. Great.

You want to walk in? What? No, I You can't watch too. Yeah. Make a motion to

approve the bearings requested for 99 Mustado Road, the garage that will be 8 ft from the sideyard where 40 ft is required. In particular, the board found that the benefit to the applicant by granting the variance outweighs any alleged detriment to the community and determined the following. benefits sought by the applicant cannot be achieved by another means feasible to the applicant. Um due to the positioning of this house on a narrow lot uh and the driveway being there uh existing um and there will be no undesirable change to the character of the neighborhood or detriment to the nearby properties and the variance requested is although substantial in in variance is not substantial in in the particular solution for that house and that property. Um the variance requested will not result in any adverse physical environmental effect on the neighborhood or community and that the alleged difficulty although is self-created but that is 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. Applicants shall use their best efforts to ensure that a building permit is issued within one year of the board's approval of this variance and then diligently pursue such construction to completion. The applicant shall submit a cert yes certified asbuilt survey including as uh building and impervious coverage calculations to the building department prior to the issuance of certificate of occupancy and that the variance is granted in accordance with the plan submitted to the board data

October 7th 2025 received December 22nd 2025 I would just make note that the applicant was identified there are two per on the applicant property that need to get a building permit. So that's also I would suggest we make that a conditional as well to make sure that they're captured. Agreed. We'll take care of that. We should read. I'll second that. Mr. Stern, yes. Miss Lee, yes. Meredith. Yes. Not with it tonight. It's okay. Roger. Yes, Peter. Yes, you've got it.

Thank you. Thank you. Was that your mother? That was cuz I can see I can see you and her and and your little one, which is about she's acting like a 14year-old. You're demoted. I have a grandson that age and she's in charge. She was laughing that I had

you know I don't take offense there family from the Bronx. There are not a lot of us but I don't I grew up with a guy Bobby say it doesn't bother he was Hispanic but he wasn't cute don't worry it doesn't bother us we we work we work together all things be bothered by that is not one of their me good good luck with the 8-year-old sorry about the just No it's okay that should be the biggest problem you have okay

Paul Mabel Cardennis are seeking a variance of article 5 section 125-50 of the zoning ordinance for 112 Narrows Road Bedford section block and lot 72.16-2-6 in the residential 4acre zoning district to permit the construction of a garage and breezeway to a pre-existing legal residence which results in a sideyard setback of 24.5 ft where 50 ft is required where the combined sideyard setback back results in 49.5 ft where 100 ft is required in the residential 4acre zoning. Thank you. This is the one with the California

as Steven said before me but we have a newcomer here. My name is William Basher and the name didn't change this last. This situation is basically similar scenario to what we spoke about before. There's a need for a garage right now. There's a garage under the house on the opposite side that there's no driveway that gets to it and it's really in bad shape. They have a need for a garage and we proposing a garage with a breezeway. So that kind of categorize it as a detach garage basically. And the reason for the breezeway is for looks number one, but number two also to create easy functionality to go in and out the house and go towards the backyard. the um the house as it exists again it's a huge piece of property by the way the the because it's detached garage we maintain the height under the 20 foot height to be in compliance that we're not included going higher than we anticipated the property is huge it meets all other requirements such as coverage impervious etc we did the analysis on it and the the hardship in here again it's the only location where we can locate it next to the kitchen and they can get in and out. And they want a garage to be at the same level as the house. Well, it's here, the owner, by the way. And the we're not getting any younger. So, nobody wants to be climbing the stairs up and down. So, it will be nice to have it, you know, attached at a near at the same level as the existing kitchen. The garage itself where is being located will not create a hardship or any negative impact on the neighborhood or on any of the neighbors. The property like I said is very large but the location where they had located this house on it. It kind of restrict the location of the garage anywhere else where it functions. There is no property

available again to purchase or change do a lot line to do uh for us and we're back again here see you know asking your help in approving this to to move it forward. So now I can ask the question I was asking before which was um I mean I where you're proposing to put this makes a lot of sense. My only question is um is that um when I drove in there was a pickup truck there

and there was a car that was closer to the front door. Um, so it's very hard to turn around um if I mean it's one thing I guess if you live there because then you'll have the garage that you can pull into, but um it's one of those driveways where it's a long driveway. You don't know what you're going to get until you get up there and then and then by it looks as if what you're planning to build is going to go somewhat out into that area where the pickup truck was. Um, so would it be big, you know, will it be big enough for say a UPS trucker to turn around or are they going to have to back all the way back down your driveway? Well, without the snow really, you know, and the restriction over here, this whole area back there is a great area to turn around.

True. Okay. And the, like I said, without the snow, I mean, this is unusual snow that we have. And you from the area then the this comes every 10 year by the We know it's in 1996 and 2016 and now it's 2026 and prior to that. So in the next 10 years we probably but the area behind the garage is plenty room to turn around and and you know that's unusually with the garage the cars will be parked in the garage. There'll be no other cars in in the driveway and that's the whole idea behind it. Well, actually, I could repeat that situation because today I had a very fun visit to the property. There were the drive the uh parking area was filled with

trucks and I started to back down and it and I only got part way before I wound up in a snow drift. So, thank you to your contractors for digging me out. But I I found the same thing like how how are you going to make those turns because it is a very very long driveway. I can tell you now that everybody comes up, all the delivery people were loose and they got a lot of delivery and they come up in the area where the trucks are turn around. They turn around. So the only person that backs up that driveway is trash. Oh, because backing out of that driveway was quite a challenge. They all they all back in

back. And the trucks are only temporary scenario. When they're not there and there are no cars in the driveway, it's very easy for any other vehicle to turn around. Right. Get lucky. I mean, you have the room and the future to always make a little Right. Correct. Sort of parking court in front of the house. Yeah, that will be we approached that because of the lot coverage, the impervious area, what have you. And that will be a different approach that may require the planning board or not. So at this stage we're leaving it as is just to create they just moved into the area and they want to make the house functional for them initially and eventually there' be a lot more work to be done to the house.

Yeah. No I mean the you where you're part where you're turning around now you can't it's an elevated and it has it has you know I guess stones or whatever to you can't you can't go in that direction. It's going to have to be more in the front of the house or as you come up a little bit closer to where the car from LA from California was parked. Yeah. Welcome to New York. Welcome to New York. So anyway, yes. Welcome to New York. It's a nice house. Yeah. It's a nice nice proposal. Yeah. Nice.

Is there anyone that hadn't wanted to speak on this application that's on the Zoom call? If you could raise your hand. If not anyone. Okay. If nobody's there, can I have a motion to close the public hearing? Motion. Oh. All those in favor? I. Public hearing closed. Any other discussion? No. All good. No. You want to make a quick motion?

Sure. Um I move to approve the application as noticed. In this instance, the benefits sought by the applicant cannot be achieved by another means feasible to the applicant. When you look at the property and orientation of the house uh and the driveway, this is really the best suited location for this particular garage structure and makes the most sense functionally and also doesn't disturb any of the neighbors or otherwise. There'll be no undesirable change to the character of the neighborhood or detriment to nearby properties. Um the location won't disturb any of the neighbors. There's also no issues with regard to any of the other uh building requirements here with regard to coverage, building coverage or impervious surfaces. Um and it while it is with still within the setback, there is some proximity between the garage and the nearest property lines. The variance requested uh I'd say is substantial, but that's it's when we look at it in the overall context, it's not going to result in any adverse physical or environmental effects on the neighborhood or community. And the alleged difficulty is self-created but that is only one of the factors to be considered by the board in making it decision and is not determinative. Uh again in looking at this one of the other things we we were talking about here is the fact of the turnaround by that garage I will note again we're under on impervious and under on building coverage. So should that become problematic even given where the garage is there's an opportunity to allow for additional circulation if modifications were made to the driveway. So with all that being said, uh the applicant uh the approval of the proposed app variance is 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 asbuilt survey including building and impervious coverage calculations to the building department prior to the issuance of a certificate of occupancy and the variance is granted in according accordance with plans dated

last January 7th 2026 submitted January 8th 2026. Can I give one more condition? Yep. They need to legalize the two sheds. Ah, and a additional condition to that is that they legalize the two sheds that are on the property. Uh, and that will be need to be done before a seal can be issued for the new structure. Okay. Yep. I'll second that. I'm sorry. Who that? Roger. Mr. Stern. Yes. Miss Lee. Yes. Mr. Van. Yes. Black. Yes. Mr. Yes, you've got it. Congratulations. Thank you all. Have a great evening.

Thank you. A nice weekend. And Roger. Yeah, Roger. You should said I Roger that instead. When she asked you who second that say I Roger that here extra sets plans for you. Here you go. Thank you. Good luck. Have a great evening. Thank you. Thank you. I'm so sorry.

The garage at all. They they were wonderful. She was so she was so nice and really so sorry about what happened but we're happy to have you with 5 section 125-50 of the zoning ordinance for 15way East Plane Bedford section blocking lot 84.12-2-29 the residential 1acre zoning to permit the addition of a garage to a pre-existing legal residence which results in a sideyard setback of 16 ft where 30 ft is required and where the combined sideyard setback results in 55 ft where 60 ft is required in the residential 1acre zoning district.

Good evening. Good evening. Garage it is. Before you start, let me just say thank you for um getting the spray paint out and putting down the the It was the contractor actually. Yeah, it we could see where it was going. Hopefully, it was helpful. Yep. Oh, it was great. Because the way the garage is going to be located in the driveway, it's trying to stake it was obviously impossible. So, there were a bunch of workers there today doing plumbing inside and all that kind of stuff. But, uh, but you it's getting past their trucks, so it was easy to see where the garage is going to go. Anyway, um, what was I going to ask you? Um, did you have you just uh your neighbor to the left,

are they aware of it and seen it? I mean, their house is situated in such a way that it doesn't really uh affect them, but they're your closest neighbor. If you're looking at the house to the left, yeah, their house is situated kind of like if you're this way, they're at an angle. Yeah. So, they don't really probably look at it, but I just was curious whether you had shown it your plans to them. He did. I believe he wrote a letter to the uh the town. Two letters on file from your neighbors. Excellent. Should be two or three. Three. Three letters. Okay. They'll be they'll be made as part of the record. Thank you. Absolutely.

Actually, this is a repeat letter. I'm sorry. You were going to say no. Um actually that to that neighbor uh uh which we've approached uh with this project obviously there's that natural screening there. There's there's high bushes and the fencing all that is going to stay. So um again with our uh garage edition it's a singlestory garage. We're not looking for two stories

and we tried several different iterations as we always do to try to figure out the best way to not only solve the program but also to try to minimize coming before you with any type of variance. So um it was uh you know uh the desire was uh to um uh expand an existing original kitchen which is inside the home obviously um to make it larger and the existing garage is again substandard in size for a typical twocar garage. So what's currently your garage will become your new kitchen and then you'll get a new garage. So yeah again we've slid the new kitchen slightly into the old garage and then that's just pushed everything out. Got you.

We added um a laundry room and and a small mud room again to try to uh add to something add to their um their ability to stay there for a while. They're a young family. They want to uh be there for a while. So, it was important to have uh adequate size kitchen, adequate size laundry. Um and then again, the two-car garage is is sort of the minimal size for the for I'm sorry, is it a onetory garage? Yeah, it's it's a story and a half. So, it's a one story. You know, it's only a one-story edition. What is the year of the house? Do you know the year of the house? The year of the house. Um, it was on the application. The original owner, I want to say,

yeah, it was it it feels like it's like the uh probably the early 50s. We've had like a spade of garages. And I'm wondering during the 50s, people had one car. Well, it's it's an interesting question because if you if I mean uh if you go back that far back, cars were actually very large. And every time we come across a house from like the 40s50s, it's odd they're oddly small. So I don't know what they were thinking actually. Uh cars today are actually era when only one person went to work perhaps. But you know use one garage bay. We've seen garages that you couldn't even fit a car in. You're still only going to use one. The other half is going to be stuff. Correct.

We never have enough room. But that we've had have seen a lot of art studios and garages in the last month or so. Especially during co we saw a a lot of that happening. Yeah.

During co. Um so yes. So we're here before you seeking uh two variances. One uh to put to uh create a garage edition uh with a 16ft sideyard variance where 30 is required and then uh the combined yard combined is 55 where 60 is required. So that's pretty minimal. Um, and again, we tried our best to try to avoid a uh a variance or even a variance of this nature. So, we think it's pretty it's going to fit in great with the house itself and with the neighborhood and keeps their cars off the uh off the driveway. Um, the the side entrance, the way the original garage was, was going to be difficult to pull in and out of anyway. So, this will correct that by turning the garage doors to the front. Um, again, it'll it'll look um it'll look great architecturally in the end once we do that addition. So, it'll it'll be a a plus for the neighborhood.

I long for the day when I don't have to clean off my car. I was going to say I was going to correct the guy before who said that the justification for having a garage is that it snows a lot. I mean, most mo most people don't have garages and most people leave or if they have them, they still leave their cars out in the snow. That's me. I don't know why people think it's for cars. It's just the story. Exactly. It's pretty funny. So, is there anyone on the Zoom call that wanted to speak on this application? Please raise your hand. And I don't see anybody else in the room. Seeing no one, can I have a motion to close the public hearing? So moved. All those in favor? I public hearing closed. Any discussion? Very nice.

Okay. Okay, I'll make the motion then that we approve the um grant or variance as it's noticed. Uh doing so um we believe um will not create an undesirable change to the character of the neighborhood or detriment to nearby properties. In fact, three of the nearby properties have written letters in in support. uh the benefit uh cannot really be achieved by any other means feasible and have it be as as um um I guess as small an effect on the neighborhood as possible which is what they're doing here. I don't believe the request is substantial. The requested variance will not result in an adverse physical or environmental effect on the neighborhood or community. and the alleged difficulty while self-created is only one of the factors considered and a dimminitive uh and it decision is not determinative. Um if approved, the applicant shall use their best efforts to ensure that a building permit is issued within one year of the board's approval of the 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 prior to the issuance of a cert certificate of occupancy and the variance is granted in accordance with the plan submitted to the board's dated

dated um no sorry uh September 20th, 2024, certified energy 1229 2025 and submitted on December 30th, 2020. 20. This says 2026. This says 1229. 1229. 1229. 2025. Where are you see? Oh, a little higher. This up here. That's the energy certification. The plans. The plans below are 9204 energy certified 1229. And Miss Stamped has received December 30th, 2026. Should be 2025. Okay. December 20.

That's stamper boy. Any other any other things on moving off? Nope. The energy, sir. No. Nope. Need a second. Second. Thank you, Meredith. Mr. Stern, yes. Miss Lee, yes. Mr. Van Loverin, yes. Miss Black, yes. Mr. Malis, yes. You've got it. Good luck. Give you some All right. Here. Plan. You always find you need Don't violate a party service.

How was it? It was good. Good. First first band concert. So, was she was she great? She was, of course. What was she? Clarinet. Do we need to close the public? Okay, hold on. Uh, where are we with um our input in planning zoning changes? How are we going? Um, good question. I don't know your first page. I I saw that that I mean, right now I've been trying to organize signs, the the business the business um um association to talk about signs, right? I did talk today to Melvin Padilla, the police chief.

Yes. um who said he met with his um detectives, his whoever he meets with um because you know, somebody mentioned to me that some of those places where the all the windows are completely covered up. Yeah. Is maybe something that they might have an objection to if they get called out. They can't see what's going on inside the business. He basically said they don't have any security they don't have any security concerns about any of that. Okay. So, they don't have anything to add to it quite frankly. So, it's really up to the business association now to finally meet. And I also re reached out to Jen Ouijge, who's the business promoter that the town has hired to to help facilitate that those discussions. And that's where we are in that.

Do we stop recording? No, we will in a minute. We will. We're just discussing the um the sign the sign getting together with the signs and Roger asked whether there was anything on the uh zoning uh revisions. And as far as I know, not yet. Okay. But we will be meeting or giving giving ideas. But yeah, we do have a um I just I did see that uh was that they made changes. They made some changes.

They were procedural changes, but all year long we've talked about and we submitted issues that we were having, but we're not sure where and what form they're being addressed. I think that's the issue, right? I think you if you want to do something more formally, you know, yeah, we could write something up saying these are some concerns that have arisen in zoning and there is a lot of concern about uh ADUs, you know, and and and accessory buildings that people seem to want more of. Yeah. Um Yeah. Did we see the changes that were already submitted for the zoning code that they made? They were procedural changes or something? Yeah, I think you'll plan very

I I think one thing in particular that I'm interested in seeing some study and revisions on is these the quasi hobby commercial looking activities that we had with that one particular variance. the art studio.

Just the the concern of the community, but also with the increase of home businesses and home work from home and just the whole changing and it's going to increase because you you the economy is changing, right? More people are getting laid off now. more people are going to explore uh their own ventures and that's going to have an impact on the the the residential uh aspect of again quasi hobby business. Right now there is a business registration if you have a home occupation like a doctor, lawyer or whatever.

Yeah, I never did as a home. There there is a category of business registration in town that allows for a business at home, but mostly they've been not heavy traffic in a resial. I think well, let's let's ask is there I've been a home architect in town for 30 years and is is there a um a category of business registration in a home? I've seen signs that doctor so and so. Yeah, there is something right. Let's say these things don't have a lot of traffic. You still have to go to planning work for a special use. And what type of businesses would that include? You have to go to use chart depending on your

Yeah. No, I'm I'm a in the zoning. I'm I'm classified as a customary home office. I think so. Customary home office. I think that's what most people are. Yeah. I think the situation changes when you have like we have with the art building. You still have to go to the planning board. It's a special use. But what if you just have an office and you're working at home like COVID style? You know, there's things that constitute whatever constitutes. You have to have over six people. You have to be Oh, yeah. Yeah. Yeah. Just me, me and myself. If you fall under that, then you would have to go and Okay.

So, well, that makes sense if you have more action. Last thing I will add then is to just uh let you know that um our deputy was it town planner Christine is her last day is Friday. Okay. So she will not be with us anymore after Friday. Uh thank her for her service and um and with that I adjourn until u March what are we March 8th. March 5th. March 5th to. Yeah. So moved. All those in favor?