Bedford Zoning Board of Adjustment Meeting — September 15, 2026

The Bedford Zoning Board of Adjustment (ZBA) met on Tuesday, September 15, 2026, to consider two variance applications and a request for rehearing. Board members present were Chairman Neil Casally, Vice Chairman Alex Kellerman, regular members Joe Fahy and Elizabeth Kershaw, and alternates Kelly Gleason (seated as a voting member for this meeting) and Evan McCombs, with land use and development planner Colleen Olson. The board approved the August 18, 2026, meeting minutes, granted both variance requests before it, and voted to grant a rehearing of a previously denied garage variance, setting the rehearing for the October 2026 meeting.

Consent Calendar

• Approval of August 18, 2026 Minutes: Moved and approved as presented.

Discussion Items

Item 1 — Third Garage Stall Variance

• The applicant sought a variance to add a third garage stall plus a mud room attached to the existing two-stall garage.
• The applicant stated the home was positioned off two roads that were later connected—but not initially connected—when the home was constructed, and argued that denial would create unnecessary hardship and that no fair and substantial relationship existed between the ordinance's general purpose and its specific application to the property.
• The applicant argued strict enforcement was not needed to preserve the ordinance's intent, noting the addition would still maintain approximately 20 feet of setback and remain 25 feet from the property line, and called the ordinance's spirit "absurd" in this context.
• Abutters submitted letters of support, including a direct abutter at 102 Colonel Daniels, and the applicant reported neighborhood comments such as "we want to do the same thing" or "we wish we could do the same thing."
• The board found all five variance criteria satisfied and approved the request.

Item 2 — 14 Mountain Road Pool Variance

• The applicant requested a variance from the 20-foot setback for an above-ground pool that was placed partially within the setback.
• The applicant testified the property line runs at irregular bearings, was never marked or apparent on the land, and that land behind the setback is HOA common field owned by Bedford Three Corners Association—not residential—so strict enforcement would compel removal of a lawful amenity without protecting any resident's privacy.
• The applicant noted the pool sits on gravel/stone with half-paver supports and no cement pad, that a prior deck and hot tub occupied the area, and that the lot is relatively small for Bedford, making it difficult to place the pool elsewhere on the property.
• Board deliberation raised concerns that the pool was installed without first going through the permitting process (one member noted that if a permit had been sought, the setback discrepancy would have been found before the pool was placed) and that applicant cost alone is not a sufficient hardship unless supported by other factors.
• Other members noted pools are reasonable uses, the lot constraints were real, and discussion about whether boundary markers were visible was "superfluous" and disregarded.
• The board voted to grant the variance, with one member stating they were "a little ambivalent" but accepting the outcome.

Item 3 — Kyle Lito Rehearing Request

• Kyle Lito requested rehearing of the board's August 18, 2026, decision denying a variance from Article 3, Section 275-22A and Table 1 of the zoning ordinance to permit a 16×30-foot (480 sq ft) detached garage.
• Board members discussed whether the prior decision involved inconsistent commentary from board members or a misapplication of the definition of "unnecessary hardship" as it pertained to the property, and whether new information—including topography and property-usage percentages contained in a follow-up email to the planning department—warranted rehearing.
• One member cautioned that the thoroughness of the prior presentation is not a valid ground for rehearing, warning against "two bites of the apple" and diluting the first hearing, while another noted the rehearing could clarify ambiguity in the deliberative record.
• The board voted to grant the rehearing to clear up the record, entertain additional information from the applicant, and hold a rehearing on the entire application, with abutter and public notice to follow.

Key Outcomes

• Approved: Third garage stall variance—all five criteria satisfied.
• Approved: 14 Mountain Road pool setback variance, with one member expressing ambivalence.
• Approved: Motion for rehearing of Kyle Lito's denied garage variance; full rehearing scheduled for the October 2026 meeting, with notice to follow.