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Minutes, Zoning Board of Appeals, November 9, 2005
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 November 9, 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 PAUL CUBITA, Member FRED SALANITRO, Member 16
17 P R E S E N T:
18 LOUIS REDA, Deputy Town Attorney 19 MARGARET UHLE, Director of Planning 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 - 11/9/05
2 THE CHAIRMAN: I would like to
3 welcome everybody to the meeting of the
4 Zoning Board of Appeals for November
5 9th, 2005. Would everybody please
6 stand for the Pledge of Allegiance.
7 (Whereupon the Pledge of
8 Allegiance was said.)
9 THE CHAIRMAN: The first item of
10 business before we run through the
11 agenda would be the approval of the
12 minutes of our last meeting in October,
13 which was on October 11th, 2005. Is
14 there a motion to approve the minutes?
15 MR. CUBITA: Yes.
16 THE CHAIRMAN: Moved by Mr.
17 Cubita. Is there a second?
18 MR. SALANITRO: Second.
19 THE CHAIRMAN: Second by Mr.
20 Salanitro. All in favor.
21 (All aye.)
22 THE CHAIRMAN: The minutes of our
23 October 11th meeting are approved.
24 What we normally do before each
25 meeting is run through the agenda to
DINA M. MORGAN, REPORTER
3 1 EASTCHESTER ZBA - 11/9/05
2 see if representatives are here for
3 each item. If for any reason the
4 applicant is not going to proceed
5 tonight, please let us know at this
6 point so if there is anybody either in
7 the audience or watching at home
8 interested in your application, they'll
9 know that they don't have to either sit
10 here the entire night or watch on TV
11 until we get to it.
12 The first item we have this
13 evening is under old business, it's
14 Application 05-73, 673 White Plains
15 Road. Mr. Davis is here. We're at the
16 end of that application, so I'm sure
17 there is no reason why we wouldn't
18 proceed on that from your standpoint,
19 right?
20 MR. DAVIS: Right.
21 THE CHAIRMAN: Second application
22 under old business is Application
23 05-88, 292 White Plains Road. Is
24 somebody here for this application?
25 MR. ADDESSO: Yes.
DINA M. MORGAN, REPORTER
4 1 EASTCHESTER ZBA - 11/9/05
2 THE CHAIRMAN: Okay. And you're
3 prepared to proceed?
4 ADDESSO: Yes, we are.
5 THE CHAIRMAN: First item under
6 new business tonight is Application
7 05-49, Walgreens, at 370 White Plains
8 Road. Is somebody here on that
9 application? They are in the back.
10 Are you prepared to proceed tonight?
11 MR. KIRKPATRICK: Yes.
12 THE CHAIRMAN: They are prepared
13 to proceed.
14 The next application which is the
15 second one under new business is
16 Application 05-58, 390 Hutchinson
17 Boulevard. Is somebody here for that
18 application? This gentleman is here.
19 You're ready to proceed?
20 MR. BAILEY: Yes.
21 THE CHAIRMAN: Next application
22 under new business is Application
23 05-91, 29 Joyce Road. Is somebody here
24 for that application? Okay, there is
25 nobody here now. We haven't heard
DINA M. MORGAN, REPORTER
5 1 EASTCHESTER ZBA - 11/9/05
2 anything that they weren't going to
3 proceed, so if anybody is watching on
4 TV or here we believe this is going to
5 proceed, but we'll recall this a little
6 later to make sure that's the case.
7 Next application is 05-92, 79
8 Clarence Road. Is somebody here for
9 that application? Okay, nobody is
10 answering for that one as well, but we
11 believe it is proceeding.
12 Final application tonight will be
13 46 Parkway Circle. Is somebody here
14 for that application? The gentleman in
15 the back. Are you prepared to proceed
16 tonight?
17 MR. GIBBONS: Yes.
18 THE CHAIRMAN: They indicated
19 they're prepared to proceed.
20 We're back and ready to move
21 forward with the agenda. The first
22 application on tonight is Application
23 05-73, 673 White Plains Road. Where we
24 left off, I believe, at the last
25 meeting in October was the public
DINA M. MORGAN, REPORTER
6 1 EASTCHESTER ZBA - 11/9/05
2 hearing on this application was closed,
3 the Board raised certain issues for
4 each individual Board member with
5 respect to a potential Resolution. I
6 believe we're prepared to move forward
7 with a Resolution at this time.
8 Do you have anything to add, Mr.
9 Davis?
10 MR. DAVIS: No, Mr. Chairman.
11 THE CHAIRMAN: Thank you, Mr.
12 Davis. Anything from the Board before
13 we go to a Resolution?
14 (No comments.)
15 THE CHAIRMAN: I have a
16 Resolution prepared and we'll vote upon
17 it tonight.
18 This is Application 05-73, 673
19 White Plains Road, which seeks an area
20 variance from the minimum required lot
21 area to permit a four thousand five
22 hundred square foot building lot where
23 a minimum of five thousand square feet
24 is required, a deficiency of five
25 hundred square feet or ten percent.
DINA M. MORGAN, REPORTER
7 1 EASTCHESTER ZBA - 11/9/05
2 The subject property is
3 identified on the current tax
4 assessment map of the town of
5 Eastchester as Section 63E, Block 1,
6 Lots 18 and 19, and is located at 673
7 White Plains Road in an R-5 single
8 family residence district.
9 The Resolution is, as people will
10 see in here, a little bit on the long
11 side. For those that weren't watching
12 last month, the Board expressed some
13 major concerns about setting a
14 potential precedent with respect to
15 approving a substandard lot for
16 development. So, because of the
17 concerns that the Board had and shared
18 with the applicant and the public at
19 the last meeting, this Resolution will
20 be on the lengthy side as compared to
21 some of the other ones we do.
22 Upon considering the presentation
23 by the applicant's attorney and
24 architect, the supporting materials
25 referenced herein and the comments made
DINA M. MORGAN, REPORTER
8 1 EASTCHESTER ZBA - 11/9/05
2 at the public hearing, the Zoning Board
3 makes the following findings:
4 As to whether an undesirable
5 change will be produced in the
6 character of the neighborhood or a
7 detriment to nearby properties will be
8 created by the granting of the area
9 variance, the Zoning Board finds: That
10 there will be no such undesirable
11 change or detriment. The applicant has
12 demonstrated that although a variance
13 is required to permit a lot area that
14 is five hundred square feet or ten
15 percent less than that required by the
16 zoning law, any future residence
17 proposed for the lot can readily meet
18 the town's bulk requirements.
19 In addition, any potential
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