The Village of Pelham Manor Board of Trustees unanimously approved the “Amendment to the Permitted Uses in the Retail Districts Zone and Related Changes” Law, or Local Law 1 of 2025, a new piece of legislation regulating new local businesses and their permitted uses, at the board’s meeting on March 10. The law confirms the types of businesses allowed as a grocery store, wellness center, delicatessen, convenience store, restaurant: coffee shop and restaurant: fast casual, and “spells out” what uses would be permitted under Pelham Manor zoning, according to Village Manager Lindsey Luft.
“This proposed legislation builds upon the uses that are already allowed in the retail district and it adds some light additional uses that will really go a long way for those businesses that would like to be here in Pelham Manor,” Luft said. “This clarifies that these uses would be permitted under our zoning,”
The law also addresses businesses not specifically listed for zoning above. According to Section 12 of the law, a public library, elective membership social club, nonprofit dining service and sleeping accommodations, full-service restaurant, and convenience store would also be approved. However, this is only possible after a special permit is obtained from the board after a public hearing and notice. The Board of Trustees must also find that such use “promotes the general health, safety, morals, and welfare of the community,” as stated in Section 12.
Manor resident Kate Pringle of 26 Suburban Ave. said that the law wasn’t comprehensive for many businesses that might want to open under Pelham Manor zoning. “It just strikes me that there’s a lot of categories that aren’t in that provision and I wonder the reason for making it restrictive rather than saying ‘that shall be used for or occupied for purposes such as,'” she said. “For example, if I wanted to open a florist in Pelham Manor, it would not be in this list of approved businesses.”
“These uses came out because they were really ones we received calls about here at Village Hall,” Luft responded. “We’ve kind of been keeping a running tab of who we’ve heard from and that was really the basis for [this legislation.]”
Pringle said that it would be more accommodating for business owners to replace the existing language in the bill that defines the existing list of permitted businesses as the only permitted businesses (“No building or land shall be used or occupied for any purpose other than as follows,” according to the law) with more open-ended language with words like “such as” or “as the following examples.” “If I’m coming in as a perspective business owner who might be interested in opening a florist, or a physical therapy center, there’s all kinds of examples we can think that would not fit in these categories nor would they fit in the open-ended category Section 12,” she said. “There are a lot of businesses of interest in Pelham Manor that don’t fall under this law.”
Luft concluded that the language in the bill is common for zoning uses, and that Section 12 is general for the purpose of including businesses not on the list of examples.
The Village has been collaborating with the New York State Department of Transportation (NYSDOT) regarding the establishment of a dedicated right turn lane on Boston Post Road at its intersection with Pelham Parkway since early 2023. Mayor Jennifer Lapey said the Village of Pelham Manor has secured full funding for the project through Assemblywoman Amy Paulin and Senator Nathalia Fernandez, who both provided grant funding to cover the cost of the project. According to Luft, the engineering design for the project is complete and the board has sent all paperwork to the NYSDOT to obtain the permits for implementation. The goal for project completion is the end of the calendar year. Lapey accepted a motion to bring this project to fruition; the motion carried unanimously.
Melissa Eustis of 476 Esplanade raised concern for comments made by Trustee Maurice Owen-Michaane at the board meeting on Feb. 10. “Trustee Owen-Michaane stated that both geothermal and natural gas systems cause earthquakes and he implied that otherwise, they were fairly equivalent in terms of the environmental impact,” she said. “That statement is just inaccurate.” Eustis then listed a number of reasons why Owen-Michaane’s statement was factually incorrect, citing examples internationally and historically within Pelham. She also advocated for the use of geothermal systems within the school district to invest in greater energy independence.
“When a town trustee sits on this dais and speaks to the community, I would hope that the information is neither inaccurate nor misleading but rather factually informed with all of the important issues at hand,” she said.
Lapey thanked Eustis for her comments. “I think this board has a record of doing its homework, being well-researched, being thoughtful, listening to all,” Lapey said. “We don’t have an opinion on geothermal versus gas – what we have a duty to do is if something’s brought to our attention that requires an opinion or oversight through our managerial offices, we’ll do our jobs with blinders on based on the facts and the evidence.”
“I know what I said and I think I said it based on facts,” said Owen-Michaane.