North Salem Zoning Board of Appeals Hearing – September 10, 2026

The Town of North Salem Zoning Board of Appeals met on Thursday, September 10, 2026, at 6:30 PM, both in person and via Zoom. The board considered two area variance applications, a discussion on amending the zoning code for cooperative properties, and approved the minutes from the August 13, 2026 meeting.

Consent Calendar

• Acceptance of Minutes: The minutes from the August 13, 2026 meeting were approved unanimously (motion by Rick, second by Emily, all ayes).

Public Comments & Testimony

• BA26-28 – Susan LaColla (46 Lakeview Road): Neighbor Gary Noel (44 Lakeview Road) expressed concerns about the proposed firewood shed's visibility from his property. He noted the property lines are skewed and that a new structure could obstruct his view from his two-story home. He requested a visual assessment (e.g., staking the location) before approval. He also mentioned that trees on his side had been removed due to disrepair and invasive species. The board acknowledged the concerns but concluded the shed would have minimal neighborhood impact and that the current tarp-covered shed was an eyesore.

Discussion Items

• BA26-28 – Susan LaColla: The applicant sought an area variance to legalize an existing 8 ft x 14 ft shed and construct a new 10 ft x 4 ft firewood shed. The property is an R-2 district on 1.04 acres. The requested variances were: side yard set back of 5 ft (required 30 ft) and rear yard set back of 12 ft (required 50 ft). The existing sheds are pre-existing nonconforming. After discussion, the board recommended that the new shed be placed on the existing footprint of the old shed, maintaining the existing side yard set back of 9.5 ft (rather than the proposed 5 ft). The rear yard variance remained at 12 ft. The board found the variance would not change the character of the neighborhood and would improve the current unsightly condition.
• BA26-29 – Zuzanna Slusarczyk (5 Hilltop Drive): The applicant, represented by landscape architect Robert Sherwood, sought an area variance to install a Generac 24 kW standby generator on a concrete pad. The property is an R-1 district on 1.69 acres. The requested variance was a side yard set back of 5 ft (required 20 ft). The generator would be placed near the corner of the house where utilities enter, concealed by existing ledge and topography. The board discussed generator testing times, agreeing to restrict operation to weekdays, midday, to minimize noise impact. The variance was deemed not substantial and would have no adverse effect.
• Code Amendment – Cooperative Properties (Appendix E.2): The board discussed a proposed amendment to Appendix E.2 under §A261-4 (Special Permits) to increase the abutters notification radius from 50 ft to 150 ft, aligning with recent changes to the Town Code. The board was uncertain whether the appendix could be amended by the ZBA alone or required Town Board approval. A motion was made to endorse the change and forward it to the Town Board for final action. The motion passed unanimously.

Key Outcomes

• BA26-28 – Susan LaColla: The board granted the area variances as modified: side yard variance of 20.5 ft (30 ft required minus 9.5 ft existing set back) and rear yard variance of 12 ft. The condition required the new shed to be placed on the existing footprint of the old shed, no closer to the side or rear yard. Motion by Rick, seconded, and passed unanimously (4-0). The action was determined to be a Type II action under SEQRA.
• BA26-29 – Zuzanna Slusarczyk: The board granted the area variance with the condition that the generator’s weekly test run occur only on weekdays (Monday through Friday) during midday hours. Motion by Rick, seconded, and passed unanimously (4-0). The action was determined to be a Type II action under SEQRA.
• Code Amendment: The board voted unanimously to endorse the change to Appendix E.2 (50 ft to 150 ft notification radius) and refer the matter to the Town Board for formal adoption.