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Zoning Board of Appeals Meeting Minutes, 9/13/05
1 1 STATE OF NEW YORK 2 COUNTY OF WESTCHESTER TOWN OF EASTCHESTER 3 . . . . . . . . . . . . . . . . . . . . . . X
4
5 MINUTES OF THE EASTCHESTER ZONING BOARD OF APPEALS 6
7 . . . . . . . . . . . . . . . . . . . . . . X 8
9 HELD AT: Eastchester Town Hall 40 Mill Road 10 Eastchester, New York 10709 September 13, 2005 7:30 p.m. 11
12 B E F O R E:
13 LOUIS SATRIALE, Chairman 14 MARY ANN MICHELS, Member MICHAEL CAHALIN, Member 15 FRED SALANITRO, Member
16 P R E S E N T: 17
18 LOUIS REDA, Deputy Town Attorney MARGARET UHLE, Director of Planning 19 JAY KING, Building Inspector
20
21 DINA M. MORGAN, REPORTER
22 43 CENTRAL DRIVE
23 BRONXVILLE, NEW YORK 10708
24 (914) 469-6353
25
DINA M. MORGAN, REPORTER
2 1 EASTCHESTER ZBA - 9/13/05
2 THE CHAIRMAN: Good evening. I
3 would like to welcome everybody to the
4 September 13th meeting of the Zoning
5 Board of Appeals. Would everybody
6 please stand for the Pledge of
7 Allegiance.
8 (Whereupon the Pledge of
9 Allegiance was said.)
10 THE CHAIRMAN: Okay, before we get
11 to the agenda, I'll just run through
12 the agenda. We have two adjournments
13 tonight. So, if anybody is in the
14 audience or watching at home with
15 respect to the items that have been
16 adjourned, you will know ahead of time.
17 The first item tonight is
18 supposed to be Application 05-75, which
19 is 25 Prospect Avenue. Is somebody
20 here for that application? Okay. And
21 you're going to proceed tonight? I
22 guess I'll say it at this point. As
23 you can see, we have a Board of four
24 tonight. One of the members had a
25 family situation develop and couldn't DINA M. MORGAN, REPORTER
3 1 EASTCHESTER ZBA - 9/13/05
2 make it here tonight. We normally sit
3 as a Board of five. And we also no
4 longer have an alternate because Mr.
5 Salanitro, who's sitting next to me,
6 used to be our alternate, has now
7 become a permanent member now that Mr.
8 Jacobs has moved out of town and left
9 the Board.
10 So, with a Board of four each
11 applicant has the right to request an
12 adjournment of their application
13 tonight. If you request an
14 adjournment, we'll hold it until the
15 October meeting and then at that time
16 most likely, unless there's another
17 unforeseen circumstance, you'll have a
18 full Board of five.
19 The reason it becomes significant
20 for applicants is because with a Board
21 of four if you end up with a two/two
22 vote it's a denial of your application.
23 You need three yes votes in order to
24 have your application approved.
25 So, from time to time we do have DINA M. MORGAN, REPORTER
4 1 EASTCHESTER ZBA - 9/13/05
2 a Board of four and in these
3 circumstances we give each applicant
4 the opportunity to ask for an
5 adjournment and we hold it for the next
6 month. If you want to proceed with a
7 Board of four, you're certainly welcome
8 to do that as well, but you have to
9 acknowledge that's what you want to do
10 and understand that a two/two vote will
11 be a denial.
12 Now, having said that, there is
13 also the possibility if you want to
14 proceed tonight that we wouldn't finish
15 your application tonight. Most times
16 we finish applications, but there's
17 also a large number of applications
18 that we don't finish in the same night.
19 If that's the circumstance, we adjourn
20 for the night, you would come back to
21 the October meeting and most likely if
22 we weren't finished tonight we would be
23 able to finish in October. In October
24 we'll probably have a Board of five and
25 the fifth member, Mr. Cubita, would be DINA M. MORGAN, REPORTER
5 1 EASTCHESTER ZBA - 9/13/05
2 able to read the transcript of
3 tonight's meeting and then he would be
4 allowed to vote.
5 So I'll ask each applicant that's
6 here tonight if they wish to proceed
7 with a Board of four. If they do,
8 that's fine, with the caveat that if we
9 are prepared to vote and we do vote and
10 it's a two/two vote that's a denial.
11 As I said earlier, if you would like an
12 adjournment that's fine, too, and it
13 will be held over to the second Tuesday
14 in October and you will not have to go
15 through the expense of re-noticing your
16 meeting or anything like that. The
17 notice for tonight would carry over to
18 the October meeting.
19 Now we're back to the first
20 application, which is 05-75, 25
21 Prospect Avenue. Would you like to
22 proceed with a Board of four?
23 MR. MASCIA: I would like to
24 present the application. Whether the
25 Board will vote on it tonight, is it DINA M. MORGAN, REPORTER
6 1 EASTCHESTER ZBA - 9/13/05
2 for us to determine whether we would
3 want to have a vote tonight?
4 THE CHAIRMAN: Not exactly. You
5 can decide right now to adjourn. If
6 you say, no, I don't want to adjourn, I
7 want to go forward, if by the end of
8 this presentation we're prepared to
9 vote, we'll vote and you won't have an
10 option to say I want you to wait
11 another month.
12 Having said that, I'm familiar
13 with your application and there's a lot
14 going on in your application. I can't
15 tell you whether we'll vote at the end
16 or not, but with the more complicated
17 applications we often don't vote the
18 first night and there's a lot of
19 circumstances going on with your
20 application. So, I can't promise you
21 we won't vote.
22 MR. MASCIA: You would allow us
23 to give our presentation?
24 THE CHAIRMAN: I would allow you
25 to give the presentation, but if we're DINA M. MORGAN, REPORTER
7 1 EASTCHESTER ZBA - 9/13/05
2 ready to vote you need to understand
3 that you can't give the presentation
4 and then say -- if the Board determines
5 we're ready, you can't say, I'd rather
6 adjourn for the vote until I have five
7 members. You need to make that
8 decision now. But as I said before,
9 with the more complicated applications
10 we often don't vote the first night.
11 You could potentially get the best of
12 both worlds. However, you run the risk
13 that we could vote.
14 MR. MASCIA: I would like to
15 present the presentation. Whether the
16 Board will vote tonight is purely up to
17 the Board's discretion and decision. I
18 would like to present the Board with
19 our application.
20 THE CHAIRMAN: That's what we'll
21 do. Let me just go down the rest of
22 the agenda, we have to approve the
23 minutes from last month and then you'll
24 be able to present.
25 The second application on the DINA M. MORGAN, REPORTER
8 1 EASTCHESTER ZBA - 9/13/05
2 agenda for tonight is Application
3 05-73, 673 White Plains Road. That
4 application has been adjourned. There
5 was an issue with respect to the public
6 notice, so that application will not be
7 heard tonight. It will be heard at the
8 October meeting. So, anybody
9 interested in that application it will
10 not be heard tonight.
11 Third application on the agenda
12 tonight is 28 Huntley Road. Is
13 somebody here for that application?
14 Yes. Are you prepared to proceed?
15 MR. BONANNO: Yes.
16 THE CHAIRMAN: Are you okay
17 proceeding with a Board of four?
18 MR. BONANNO: Yes.
19 THE CHAIRMAN: 28 Huntley Road is
20 going to proceed with a Board of four.
21 The next application on the
22 agenda is 05-70, 1 Shady Lane. Is
23 somebody here on that application?
24 This gentleman. Are you prepared to
25 proceed with a Board of four? DINA M. MORGAN, REPORTER
9 1 EASTCHESTER ZBA - 9/13/05
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