North Salem Zoning Board of Appeals Meeting

Date: March 12, 2026, 7:00 PM
Location: In-person and via Zoom

The North Salem Zoning Board of Appeals convened on March 12, 2026, to hear four applications: one held-over area variance for a gate, one special permit renewal for a horse-boarding operation, and two area variances for residential improvements (pool/house addition and deck/hot tub). All applications were approved unanimously with conditions regarding dark-sky compliance and emergency access.

Consent Calendar

• Minutes of February 12, 2026: Approved unanimously.
• Next Meeting Date: Set for April 9, 2026.

Public Comments & Testimony

• No public comments were made on any agenda item.

Hearing Held Over: BA26-05 – Barbara Gatfield (685 Titicus Road)

• Request: Area variance to install a 6-foot-high automatic gate in the front yard (4 feet permitted, 2-foot variance requested) in an R-4 district.
• Applicant Statement: The gate is standard size, works with existing fencing, and is in keeping with the character of North Salem. The gate opens automatically, preventing vehicles from backing onto busy Titicus Road. The applicant also plans to add lights on the gate pillars.
• Board Discussion: The variance was deemed substantial and self-created. However, the board found no undesirable neighborhood change; the higher gate improves privacy and safety on a busy road. No feasible alternative exists. The board conditioned that any lighting comply with the town's dark-sky policy (opaque fixtures, non-visible bulbs).
• Vote: Motion to grant the variance carried unanimously (4 ayes: Chair, Cindy, Rick, Zynga).

Public Hearing: BA26-06 – Copernicus Holdings, LLC (893 Peach Lake Road)

• Request: Renewal of Special Permit BA12-31 (as amended by BA13-31) to keep up to 20 horses and operate a commercial horse-boarding operation with office and groom’s quarters on 13.3 acres in an R-4 district. No site improvements proposed.
• Applicant Statement: Jennifer Hinman confirmed the operation has been running well with no changes.
• Board Discussion: The board noted the use is permitted by right, has been continuous since 2012 with the same horse count, and has generated no neighbor objections. Prior permit conditions (no horse shows, no public events, no outdoor amplification) will carry over. New conditions require compliance with dark-sky law, invasive species removal plan, and flight control plans.
• Vote: Motion to grant renewal carried unanimously (4 ayes).

Public Hearing: BA26-07 – Patrick Kennedy (4 Park Lane)

• Request: Area variance to construct a 16'x35' fiberglass in-ground pool (side yard: 10 ft. where 15 ft. required, 5 ft. variance) and to legalize an as-built house addition (combined side yard variance: 11 ft./31 ft. where 15 ft./40 ft. required, total variances of 4 ft./9 ft.) in an R-1/2 district.
• Applicant Statement: The pool is being relocated from an above-ground to in-ground for better sun and yard use. The house addition was built inadvertently too close to the side line (survey error). The pool location minimizes excavation and grade change.
• Board Discussion: Variances deemed substantial and self-created. Mitigation: the in-ground pool with screening will improve the neighborhood character; the addition is already built and not visible from the rear. No feasible alternative exists for either. The board conditioned that any exterior lighting (beyond pool light) comply with dark-sky policy.
• Vote: Motion to grant area variances carried unanimously (4 ayes).

Public Hearing: BA26-08 – John & Michelle Shallat (18 Lakeside Drive)

• Request: Area variances to demolish an existing deck and construct a new larger deck (rear yard: 19 ft. where 35 ft. required, 16 ft. variance; building coverage: 23.3% where 10% permitted, 13.3% variance; development coverage: 43% where 25% permitted, 18% variance) plus a hot tub on the deck in an R-1 district (non-conforming lot subject to R-1/2 bulk requirements).
• Applicant Statement (Richard Bale, architect): The existing deck is only 10 ft. deep, making it difficult to furnish. The proposed deck extends to 14 ft. from the house and expands northward to provide access from a bedroom. No new lighting planned.
• Board Discussion: Variances substantial but not self-created (the lot is undersized and predates current zoning). No undesirable neighborhood change anticipated; similar decks exist in the area. No feasible alternative placement. The board noted letters in the file (supportive). Conditions: standard dark-sky policy applied.
• Vote: Motion to grant area variances carried unanimously (4 ayes).

Key Outcomes

• BA26-05 (Gatfield): Gate variance approved; dark-sky condition added.
• BA26-06 (Copernicus Holdings): Special permit renewed for 10 years with prior and new conditions.
• BA26-07 (Kennedy): Pool and house addition variances approved; dark-sky condition added.
• BA26-08 (Shallat): Deck and hot tub variances approved; standard conditions applied.
• Next Meeting: April 9, 2026.