Development News for Bedford, New York

Nottingham Road Residence Variance Request Sparks Debate on Setbacks, Walls, and Stormwater

Edmund Simone sought variances for a new residence at Nottingham Road, Katona, on a legally non-conforming lot. The lot did not meet the minimum 100-foot effective square requirement. Variances were requested for the front yard setback (31 ft vs. 35 ft required for a covered porch) and the rear yard setback (33.6 ft vs. 50 ft required for the main house, and 16 ft vs. 50 ft required for the garage). Additionally, a variance was requested for a retaining wall exceeding six feet in height, resulting in a rear yard setback of 21 ft vs. 50 ft required. The applicant proposed mitigating measures including significant tree plantings and a revised wall design to be less intrusive. Numerous neighbors raised concerns about stormwater runoff, potential contamination, and the impact of the large retaining wall on the environment and neighborhood character. The board discussed the complexities of lot shape, setbacks, stormwater management, and the subjective nature of 'substantial' variances, emphasizing the need for careful balancing of applicant needs and community concerns.

Variances Granted for Terrace Addition with Stormwater Management Condition

David Little and Darcy Alexander sought variances for a one-story addition to their home at 33 The Terrace, Katona, a pre-existing legal non-conforming corner lot. The addition required variances for front porch setback (22.5 ft vs. 35 ft required), rear yard setback (27.79 ft vs. 40 ft required), side yard setbacks (5.5 ft vs. 15 ft required for chimney, 7.25 ft vs. 35 ft for side street, 28.39 ft vs. 35 ft for addition), and significant increases in building coverage (33.12% vs. 20% permitted) and impervious surface coverage (53% vs. 40% permitted). The applicants highlighted the lot's non-conforming shape and the need for the addition to allow for single-floor living. Neighbors submitted letters of support. A key concern raised by the board was stormwater runoff due to the increased coverage on the undersized lot. The board approved the variance with a condition requiring the applicant to install an appropriate stormwater management system (e.g., under the terrace) to retain runoff on-site, mitigating downstream impacts.

Zoning Board Approves Revised Barn Variance with Landscaping Conditions

Sean Rooney sought variances for a 40 by 70 barn and pergola at 245 Babbitt Road. The original proposal exceeded accessory structure size limits (3200 sq ft vs. 218.02 sq ft permitted) and had insufficient rear and side yard setbacks (6 ft vs. 50 ft required, combined side yard 35.5 ft vs. 100 ft required). The pergola also had a 10 ft side yard setback vs. 50 ft required. The applicant revised the plans, reducing the barn to 65 by 35 feet (2275 sq ft), increasing barn side/rear setbacks to 11 feet, and relocating the pergola to increase its setback to 15 feet. Building height was reduced from 30.5 ft to 28 ft. The board approved the variance with conditions, including requirements for landscaping (at least five Arborvitae planted 3-4 ft high, 10 ft apart) to screen the structure and restrictions on future use, requiring a return to the board for any changes in use or significant modifications.

Zoning Board Grants Six-Month Extension for Sherman Farm Pool Project

The Zoning Board of Appeals considered a one-year time extension request for Sherman Farm LLC at 550 Guard Hill Road. The applicant sought the extension for the construction of an in-ground swimming pool, having previously received variances for building coverage (6.06% vs. 3% permitted) and impervious surface coverage (13.18% vs. 8% permitted). The previous variance for the time extension was set to expire on May 1st, 2026. The board ultimately approved a six-month extension for the applicant, who had already submitted their building permit application to the building department.