North Salem Board of Appeals Hearing - March 13, 2025

The Town of North Salem Zoning Board of Appeals held a hybrid (in-person and Zoom) meeting on March 13, 2025, at 7:30 PM. The board set the next meeting date for April 10, 2025, approved the minutes from the February 13, 2025 meeting, and conducted two public hearings, granting both applications. A third application was held over to a future meeting due to the need for additional variances and documentation.

Consent Calendar

• Minutes Approval: The board unanimously approved the minutes from the February 13, 2025 meeting. (Motion by Cindy, second by Zinka; all ayes.)
• Next Meeting Date: Set for April 10, 2025.

Public Comments & Testimony

• BA25-06 (Maarten Huygens): No public comments were offered.
• BA25-07 (Liz Gallagher): No public comments were offered.
• BA25-03 (Wheelhouse Group LLC): Although the public hearing was not formally opened, several members of the public spoke during the discussion of a postponement:
  • Mr. Clifford Davis, attorney for adjacent property owners the Startons (579 Grant Road), argued that the application was incomplete and too intensive. He cited concerns about lack of stormwater and wetland analysis, potential dust and traffic impacts, the proper use group classification requiring 10 acres with deductions, and discrepancies in the Environmental Assessment Form regarding wetland encroachment. He requested more time for a thorough review.
  • John Starton, a neighboring property owner, stated that the current application contains contradictions and errors, and suggested taking extra time to resolve issues. He noted he had met with the applicant’s principal about a prior indoor riding ring proposal but not about this application, and expressed willingness to discuss further after the plan is settled.
  • Sebastian Latuga, principal of Wheelhouse Group LLC, spoke in support of the application, emphasizing his commitment to preserving North Salem’s equestrian heritage, maintaining trails on his property, and investing in equestrian facilities. He stated that the neighbor (Mr. Starton) has actively tried to oppose equestrian uses in the area.

Discussion Items

BA25-06: Maarten Huygens – Special Permit for 12 Horses (9 Bloomer Road)

• Proposal: Special permit to keep up to 12 horses for personal use on a 5.4-acre R-2 zoned lot. Improvements include a barn addition (12 stalls) and an outdoor riding arena. The property previously had a special permit for 12 horses in 1981.
• Key Details: The applicant (Martin Huygens) is a contract vendee who sells horses professionally but will not board others’ horses (not commercial boarding). Horses will be on site approximately March through November; the paddock nearest the barn will be all-weather. Manure storage is over 75 feet from street line; stabling is at least 155 feet from property lines. The plan consolidates residential uses on one side and horse operations on the other.
• Questions from Board: The board asked about turnout practices (limited, mostly exercise in ring), winter management (horses go to Florida), staffing (owner and staff present; no groom’s quarters), and transport (horses shipped commercially or via small trailer). The board expressed satisfaction with the plan’s details and its fit for the neighborhood.
• Outcome: The board found the use in harmony with zoning and not adverse to the neighborhood. A motion to grant the special permit passed unanimously. (Motion and second; all ayes: Zinka, Cindy, Rick, Chair.)

BA25-07: Liz Gallagher – Area Variances for New Home (14 Locust Road)

• Proposal: Area variances for construction of a 2.5-story, 4-bedroom single-family home on a vacant, undersized lot (approximately 0.2 acres) in an R-1 district. Five variances requested: combined side yard (24 ft total; 20/50 ft required), side yard for A/C units and propane tanks (9 ft; 20 required), side yard for rear patio (11 ft; 20 required), floor area ratio (0.28; 0.2 permitted), and parking within the required front yard.
• Key Details: The lot previously had an approved design when owned by Vail’s Grove Cooperative, but was redesigned for the new owner. The applicant (represented by Anthony Amitrano and architect Karen Felder) emphasized the lot is non-conforming and many neighboring lots are similarly undersized. The plan was approved by the Vail’s Grove Cooperative Board. Stormwater management includes drains and a connection to the cooperative’s system; drainage will be directed away from neighbors. The first floor elevation is set low to match existing grade and avoid runoff issues.
• Questions from Board: The board discussed exterior lighting (none, except a front porch pendant), siding (Hardie board), and stormwater details. The board noted the cooperative’s approval and the absence of self-created hardship (lot predates zoning).
• Outcome: The board found that the benefit to the applicant outweighs any detriment, given the lot’s pre-existing non-conformity and the neighborhood character. A motion to grant all five variances passed unanimously. (Motion and second; all ayes.)

BA25-03: Wheelhouse Group LLC – Special Permit Amendment for 12 Horses (577 Grant Road) – Held Over

• Proposal: Amend existing special permit (BA24-04, for 5 horses and commercial boarding) to allow up to 12 horses, a barn addition, a 689 sq ft groom’s quarters (exceeding the 500 sq ft allowance), outdoor arena, and relocation of manure storage within 150 ft of property line. Zoning district R-4, approximately 10.1 acres.
• Preliminary Matters: Attorney Jamie Spillane stated that after consulting with the building inspector, the application requires a variance for development coverage (use group reclassification). Revised plans include interior paddock fencing and an all-weather paddock area. The board requested further review of the manure dumpster location (currently 76.5 ft from side yard, not the 150 ft required) and encouraged finding a better shielded spot. The applicant agreed to explore alternatives and use fly predators.
• Neighbor/Objector Concerns: Attorney Clifford Davis and property owner John Starton raised multiple objections: lack of stormwater/erosion control analysis, no wetland expert report (despite EAF stating wetlands will be encroached), incorrect use group classification, dust from driveway, and whether the lot truly meets the 10-acre requirement after deductions for wetlands and slopes. Mr. Davis argued the project is too intense and requested more time for review. John Starton noted contradictions in the application and offered to meet the applicant once the plan is finalized.
• Applicant’s Response: Sebastian Latuga stated he has tried to meet with neighbors and significantly reduced the plan already. Attorney Spillane argued that stormwater and DOT issues are outside the board’s purview and that wetlands are shown on the site plan without disturbance. The board acknowledged the need for a variance and additional documentation.
• Outcome: The board declined to open the public hearing and held the application over to a future meeting (likely April 10, 2025, or later, depending on submission). The board discussed a possible site visit. The applicant must submit revised plans and a variance application by the pre-submission deadline (next Tuesday) to be considered for April; otherwise, the hearing will move to May.

Key Outcomes

• BA25-06: Special permit granted unanimously (all ayes) for 12 horses on 9 Bloomer Road.
• BA25-07: All five area variances granted unanimously (all ayes) for a new home on 14 Locust Road.
• BA25-03: Hearing held over; applicant to resubmit with variance application and address neighbor/board concerns. Next possible hearing date: April 10, 2025, or May 2025.