Planning Board - Regular Meeting

bring this meeting of the Bedford uh planning board to order. Uh before we begin the meeting, I want to uh announce that one of the what had been the last item on our agenda, the referral from the town board uh to consider clarification of existing lot zoning, etc. is it going to be adjourned until uh o October 20th meeting at the request of the applicant. So if you're here for that one, have an early night. The first item on our agenda tonight is to consider an application for a waiver of site plan for the installation of a bracket sign in the CB district in connection with a previously approved project. Uh the owner of the building is the Katona Firehouse LLC. The applicant is Aaron Hoffman for Wooies Incorporated and the property is located at 156 Katona Avenue in Katona. Is there someone here to speak for the applicant?

Hi there. Yes, thank you for having us. Um I'm here um my name is Carrie Rodman. I'm our director of operations and the owner Aaron Hoffman is also on as well. Um, would you care to present the sign? Sure. Um, will it work if I share my screen from here? I think you should be able to. Okay. Let me know if you're able to see that in the room. Perfect. Yes, we can.

Okay, great. So, this is our proposal for the sign. Um, you'll see here it's this is a rendering of it. It's going to be a an iron bracket sign that's 3 ft wide and 4t tall. Um, per the the rules, we were going to have this um 10 ft off the ground. So, the bottom of the sign would be 10 ft off the ground. Um, and it would hang here just to the left of our our front door. And then if I scroll down here, you can see um it would also have some some lighting installed above it so that it would be visible um at all hours and it would be this sort of gooseeneck style lamp coming out of the building as well.

Uhhuh. Would you be leaving the light on all night or would you be turning it off once the restaurant was closed? Um turning it off once it's closed. I believe I think that's what we would prefer. We do have timers for the front lights. I have to say I really like the sign. Thank you. Thank you. Comments from the board. I'm okay with it. Yeah, I believe it meets all of our requirements. Um, it's if if I remember your application, it's 12 square feet worth of sign. Exactly.

And and that is exactly what you're allowed without without a variance. Uh, as far as seeker is concerned, this is clearly a type two action. Could I have a motion about the seeker? motion that it's a type two action. Second. Uh is there any further discussion? All in favor of it being a type two action under seeker. I I all opposed. What say the boss the the um board is this motion to approve?

Any conditions? I I don't see any. We have a motion to approve the sign. Second. And we have a condition in that the lighting is turned off when the establishment is off at night. I don't think we have to make it okay. A condition or No, I don't think we have to make it a condition. They've said it's on a timer. Perfect. Any We have a motion and a second. Is there any further discussion? All in favor? I. All oppose. You have the sign. Thank you, chairman. Thank you, board. Thank you very much.

And by the way, welcome to Katona. Appreciate it. The next item on our agenda is to consider an application for an extension of a previously uh approved steep slopes permit. Uh the owner applicant is Spirit X LLC. The address is 359 Mount Holly Road in Katona. And I believe we have someone here to speak for the applicant.

Good evening. Yes. Geraldine Tortoella of Hakaman Tortoella and Wexing. We're council for the applicant. Excuse me. Um the steep slopes permit was issued for among other things construction of the indoor pool house building and some work around that area. Uh we have a building permit for that work. It's underway, but the steep slopes permit is coming up for expiration next week, September 11th. And clearly, we won't be concluded with the work by then. We're anticipating completing the work in the first quarter of 2026, the the steep slopes related work in the first quarter of 2026. Um, we've been proceeding with construction on this site for a while. We've been diligent about it, I believe, and I know that you have received a memo from Han Engineering responding to our request, I think, indicating that it had no objection. And I do want to remind the board that we do still have a steep salt permit um bond, performance bond in place with the town. So, we're just seeking a a small extension just so that we can complete that work uh hopefully in the first quarter of 2026. Mhm. And you you are entitled to a six-month extension under the code if if you so need it. Are there any questions?

In resolution 2336, you condition that they may ask the board for a six-month extension if they need it. Any other comments, questions? No, no concerns. I understand that the project is going along. um been asked to remind you that you should make sure all other building permits that need ex if you have any other building permits that need extension for in the process that you look out for that. I will pass the message along uh as well to our to our construction team.

Okay. Um to well f first of all oh no we don't have to do seeker for an extension. Um could I have a motion? So move. What's to Sorry. So move for the six-month extension. Okay. Is there a second? Second. We have a a motion and a second. Uh is there any further discussion? All in favor? I. All opposed. You have a six-month extension. Thank you very much. Good luck. Thank you.

And moving right along. Uh the next item on our agenda is to consider an application for preliminary site plan approval for the conversion of an automotive garage to a retail establishment. The owner applicant is Vans Katona Service Center uh located at 25 Valley Road in Kona. Hello. Good evening. Good evening. Patrick Croak, architect for the for the owners of the property.

I've got boards, but I've also can put it up on the screen if you if that's easier for you.

I I think that would be a good idea. I think that would be a good idea. Uh it also means the people in the who are on Zoom can see it. I think help is on the way too. I got [Applause] the owners of the property are here as well, Ben Sichlles. Hi, in case you have any questions for them. [Music] So page one of the submission that we gave you has a couple of site plans. Um I assume you all have revision number two which includes the secondary egress from the new retail space. Mhm.

Um, H1 shows the path of egress off the back on the left map, a GPS map with zoning and the right just shows a tax mar par parcel map. I believe you also received a survey which is which was just recently completed. Yes. Okay. It shows that this property the building on the property basically takes up the entire lot. There's about a foot around it. And at the rear there's about four feet to the van I'm sorry to the uh Skaglo storage garage.

Um and between the back of Vans auto center and the Skaglio garage is where the secondary means of egress will be.

Uh there's been a um an easement worked out with Skaglo to allow access across that property in perpetuity. In the upper left corner of page one is a parking study. There were there have been a couple of renovations to the building over the years. In 1992, some dormers were added to the second floor. And then in 2002, uh there was some fire stopping and other things installed as part of the change of use of the second floor to the uh music conserv uh music conservatory.

Mhm.

Um I think a few years later there was a an air conditioner that was installed, some minor other work. Um, so what we're doing here is comparing the 2002 version of what was previously approved to what's being proposed now. The upper portion of that says last approved 2002 permit. And as you look through here, there is a an actual reduction in the parking of about three spaces based on the code requirements. While there is an increase in the occupancy from 42 to 91 based on occupancy, um the code requires more parking for the garage than for the retail and that's the difference in the parking.

Okay. So, we have an actual reduction in this change of use. Um the increase in number of users in the building or or occupants going to 91 is the reason for the secondary means of egress being required on the second floor retail space. The I'm sorry the first floor retail space. The second floor second floor space is going to be offices basically offices. Um the previous approved use was for personal from personal services.

Personal services. It was called personal services which is not defined in the code. No, but we use but you use it in there. It's in there under the parking requirements. Um essentially it's office space. Um approximately the same number of occupants on the second floor. The one means egress is sufficient from up there. Yeah, it's you usually used to designate office space that is not medically related, right? There is no medical office. There is a psychologist. Psychologist. Yeah, that's different.

There's a psychologist in one of the offices, but I don't think that's I think that's a business use, not a medical office. Mhm. Okay. You've also provided Now there's there's technically a a violation here because the change of use was not um officially you right change of use was done without permit or or notice to this board. But the reason you can be before us at at this point is that this is the process by which you bring it into corformity.

So I just wanted to be clear on that that although there's a violation, you can be before us. In fact, you have to be before us. It's the only way to correct it. Yes. Thank you.

Um we've also provided two sets of floor plans. Well, actually, uh, page A2 is a a building code analysis that just goes through what all the egress I just just mentioned was. Um, size of hallway, size of stairways, number of occupants is on page two. Page three shows the floor plan from the 2002 renovation um, which was completed and I believe there was a CO issued for that upon its completion. Page three um shows the secondary means of egress. There was an application for a building permit for the retail space for Katherine H. Um and whoever uses that retail space, I would imagine would come back to the building department for a building permit separate from this to finish out the retail space. The lines of arrows show the path of egress, maximum egress, again going to building code issues.

Um, there is no parking on the site at this point. Uh, the building was built somewhere between 1911 and 1913, so it's well over 100 years old. It's been there forever. Um, there's never been any parking on the on the lot. Um, I believe there's a section in the code that allows offsite parking in the public parking areas uh at the discretion of this board. I think that's the way the parking was operated. Although I believe that we used to count a couple of the spaces in the garage.

Uh, there were 12 spaces in the garage. But I don't think we're I don't think we've had a problem with the parking over this. Is it? Yeah. Okay. Any Yes. We actually have 12 in lot two. The building has 12 spaces in lot two. And that's how you and that's been the agreement about how you make up for the park required parking. Correct. I I'm difficult hearing. Pardon me.

Sorry. Uh this is supposed to make um and you do that in to compensate for the lack of parking. There are 12 in lot two which is the closest to the ground. Right. So there's 12 reserved spots in there for the tenants of the building. Right. So you you are meeting your parking responsibilities, right? Yes. Okay. I think that the major sticking point here was the issue of the fire access which I think is seems to be on the way to being solved with the easement from Sky.

You've addressed that. Yes. Just so you have a better idea. I don't know if you've been over there or not, but this is the um it's supposed to be on the screen or not. So, you're familiar with this part of our our building. So, that would run straight out from this section straight out. Right. Okay. Yep. Okay. Is that your pres are you done with your presentation? Unless the board has questions. Yes. Does the board have any questions? Anybody?

No, I don't have any concerns. Okay. Well, this has been looked at fairly carefully. Uh, and I do have some suggestions if we should decide to go forward with with this. Um I think there are some conditions that would have to be put put on it. Um one is there needs to be an easement uh give an sort of preserving the access easement and I believe you you have reached an agreement with Yes.

You got a copy of the easement and it does mention in there that it's in perpetuity. Yeah. and pass with the property. The town attorney has reviewed that. He'd like to see a drawing included that shows the exact location of the easement area. Um I think you've you've got Now that we have a survey of the property, we could show that. Yeah. Um you have a copy of Skaglo survey. They do as well. All right. So we we have access to a copy of Skaglo survey so we can combine them and show a map that shows the path of egress.

So um that that would be one condition of approval. Uh the access easement and should be reviewed by the building department to confirm that the eress in the striped area of the parking lot meets New York State Fire Code. uh and the building department should also look at any other issues or viol violations that need to be brought into conformity if there are any others. Um, this approval would also be conditioned upon the preparation of a permanent easement agreement showing the easement area where the emergency access will be located and that agreement should be filed and recorded with the County of Westchester land records.

Okay. Will will that final map of the easement be acceptable from me or should that come from a surveyor? Um I I it's up to I think I building department. I think it's up to the building department. Okay.

Um and then there's one other thing that we we need to make a decision on because one of two things needs to be done. Either there needs to be a provision in the easement agreement stating that the easement can't be cancelled or amended without the consent of the town of Bedford Planning Board. Or alternatively, there needs to be a condition in the approval that occupancy that this occupancy of the building is contingent upon the ease agreement remaining in effect. And if the easement is cancelled at any time in the future for any reason, this approval would be null and void. Um, frankly, I would prefer the second of those alternatives. Uh, I don't think the planning board should be involved in uh trying to decide whether an easement should be cancelled or amended.

How do you how do agreed? Yeah, it's better to just state it that the use is only subject or only allowed when the easement is in effect. Yeah, I mean the easement is there because of the use the use is there because of the easement. If one is there, not and if this use were to change um go back to being a car deal a car auto garage,

it it might well be that the second access easement wasn't needed anymore or if it had some other use. So I think this is the most reasonable approach to it. So that would be the the last condition. Are there any further conditions that that our planning director would Okay. Um this is a type two under seeker. This is uh and are we I wasn't clear whether we were doing a waiver or a preliminary and final site site plan. I I Pardon me. Preliminary.

Okay. It was preliminary on the agenda, but I wasn't sure those okay. Um I don't think there's any reason for us to not do preliminary and final okay together. We frequently do it and there isn't anything outstanding for you to do other than the conditions that you have to meet for the approval. So first of all is a degree that is a type two under type two. Is there a second? Second. Uh any further discussion? All in favor? I. All opposed. Is a type two.

Uh do I have a motion to um approve both preliminary and final site plan with the conditions that were enumerated? Enumerated. So moved. Okay. Is there a second? Okay. Movement is a second. Is there any further discussion? All in favor? I all oppose. You have it. Thank you very much. You're lucky. Best of luck with it. Just one question. I did have the tenants from the second floor here just in case you have any questions for them. No worries. Good. Okay, great. Thank you very much. Appreciate it.

I apologize for uh dragging them out. No, fine. Absolutely. But people often say this is the best show in town. So we hope to see it on Monday night. Thank you very much. Take care. Uh the next item on our agenda under new business is a referral from the town board regarding certain ministerial changes affecting town code 125 zoning and related attachments. Um we've reviewed these. Again, these are these are not substantive changes. These are clarifications

clarifications of things like using residence instead of residential. Uh some minor contradictions uh and some eliminations of of items in the code that are uh no longer allowed by law. it. There are no policy issues in this set of changes. Although the master plan does talk about policy issues in regard to some of these uh larger topics. Those policy issues are not being handled in in in this case. These are just basically typos. But has anybody caught anything that they are concerned about? The town board has asked us to look at it and essentially give our blessing that it has been done properly and that the changes make sense.

I I thought it was great. Um certainly supportive of efforts to keep zoning up to date and internally consistent. Um the one one small thing that stuck out was just making sure and I'm sure if our attorney was here it could allay my concerns but um uh in regards to sorry I just lost the section. Uh it's 12583 church the places of worship and resident districts. There's a prohibition in E districts, which understandably is consistent with the fact that only housing for the elderly is permitted in that district. Um I I just want to make sure that that was um thoroughly considered in light of the federal uh religious land use protection act. And I'm sure it was. So yeah,

just knowing it's that one stuck out at me, too. And I had and I didn't even I just was curious about why to do it. And I guess you actually hit the nail on the head. It's because nothing else is allowed there. So the the definition of EL is exclusive of everything else. Um I wonder if it would make sense for for a memo to say we recommend the changes, but we we are assuming that the reason that the that churches or places of worship are not to be permitted in the in Do you want to ask for more clarification on it? What what is the BL district? That's the elderly housing district,

right? Okay. Uh which I believe is the Lake Marie, isn't it? I think it's only Lake Marie. Yeah. No, that's it's we're we're not talking about Okay. something that really makes a difference here. But but I could imagine a situation.

Okay. You just went out went Oh, there it's back on again. You're good. Okay. Anyway, um maybe we should say that I I don't know that we need a clarification so much as an assurance that that this is why it's been done. Assurance meaning well just town board to confirm just a clarification by definition exclusive and that that's the purpose of it.

Yeah. that that's the the reasoning behind in part because I could see that people not as familiar with our zoning and the rest might not understand why it's it's like that. So, thank you for raising that. I uh I'd like the memo to say that we approve of that that we commend the town board for undertaking the clarification of of our codes uh because it is important that they be straightforward and um clear

and updated and updated. Absolutely. So, could I have a a motion that we send a memo stating that is are there any other sentiments about the the code changes that anyone would like included? I guess not. So, move. So, is there I have a motion. Is there a second? Second. Have a motion to second. Is there any further discussion? All in favor of uh directing the the director of planning to write a memo confirming this conversation. Say I. I. I.

All opposed. We will ask you to write the memo. Be happy to oblige. Thank you.

Okay. And that is the last as I mentioned at the beginning the item number two under new business has been adjourned uh to October 20th. Um I would like to quickly point out a propo of our meeting dates in November that our meeting on November 10th may be coming crashing into what is becoming a 4-day weekend for a lot of people. Um the 11th of course is the 11th month of the 11th hour 11th hour of the 11th day of the 11th month. Um and because that falls on a Tuesday a number of businesses and I believe most of the school districts are giving the Monday off as well. So that is not the best of time to have a meeting and it's looking like our agendas in the fall will be fairly um important. So if we could find a time it would have to be after that that date to have a meeting in in lie of the the 10th. I I think we should do it. So, what I'd like to ask you all to do is to send an email to planning telling us all the dates between the

the week of the 17th basic basically the week of the 17th. We'd like to avoid the week of Thanksgiving week if we possibly could. Yeah. That Wednesday night the historic board meets and they use this room. Yeah. So, the 19th is is not So, if you want to send me those dates, I'll check with the uh supervisor's office to make sure what nights are free. Yeah. So, if you could all as as soon as possible, just a planning effort. I'm just going to return to Shay. Yeah. Actually, give it to Shay.

Okay. Uh I don't believe there's anything else to come before the board. Could I have a motion to end the meeting to close the meeting? Is there a second? Second. I'm sorry. Second. All in favor? I. All oppose. I know you didn't really want to leave. The meeting is closed.