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Minutes, Zoning Board of Appeals Meeting, October 11, 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 October 11, 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 - 10/11/05
2 THE CHAIRMAN: I would like to
3 welcome everybody to the Zoning Board
4 of Appeals meeting for October 11th,
5 2005. Would everybody stand for the
6 Pledge of Allegiance.
7 (Whereupon the Pledge of
8 Allegiance was said.)
9 THE CHAIRMAN: Before we get to
10 the agenda, the first item of business
11 for the Board would be to approve the
12 minutes from our meeting on September
13 13th, 2005. Is there a motion to
14 approve the minutes?
15 MR. CUBITA: Yes.
16 THE CHAIRMAN: Moved by Mr.
17 Cubita. Is there a second?
18 MR. CAHALIN: Second.
19 THE CHAIRMAN: Second by Mr.
20 Cahalin. All in favor.
21 (All aye.)
22 THE CHAIRMAN: The minutes of
23 that meeting are now approved.
24 I'll run through the agenda once
25 to see if there's a representative here
DINA M. MORGAN, REPORTER
3 1 EASTCHESTER ZBA - 10/11/05
2 for each application. If for any
3 reason you're not going to proceed
4 tonight, if you could tell us that now
5 in case there's anybody in the audience
6 following your application or anybody
7 at home following it as well so they'll
8 know they don't need to continue to
9 watch the meeting.
10 The first item under new business
11 is Application 05-73, 673 White Plains
12 Road. Mr. Davis is here on behalf of
13 the applicant. And you're ready to
14 proceed?
15 MR. DAVIS: Yes.
16 THE CHAIRMAN: Second one is
17 Application 05-63, Medical Arts
18 Building at 475 White Plains Road. Is
19 somebody here on that? Mr. Crocco.
20 And you're ready to proceed?
21 MR. CROCCO: Yes.
22 THE CHAIRMAN: Third one is
23 O5-86, Lou's Luncheonette at 33 Mill
24 Road. Is somebody here on that? Mr.
25 Valerioti. And you're prepared to
DINA M. MORGAN, REPORTER
4 1 EASTCHESTER ZBA - 10/11/05
2 proceed?
3 MR. VALERIOTI: Yes.
4 THE CHAIRMAN: Fourth application
5 tonight is 292 White Plains Road,
6 Application 05-88. This gentleman.
7 And you're prepared to proceed?
8 MR. HERO: Yes. Martin Hero.
9 THE CHAIRMAN: Thank you, Mr.
10 Hero.
11 And the final application tonight
12 is 05-87, 31 Hewitt Avenue. Is
13 somebody here on behalf of the
14 applicant for that one? They're not
15 here, but they probably figured they
16 were last on the agenda so I believe
17 they're going to proceed tonight, but
18 if we find out otherwise we'll let you
19 know as soon as we know.
20 We'll move right to the first
21 item of new business, which is
22 Application 05-73, 673 White Plains
23 Road. Mr. Davis.
24 MR. DAVIS: Thank you, Mr.
25 Chairman. I guess the first thing I'll
DINA M. MORGAN, REPORTER
5 1 EASTCHESTER ZBA - 10/11/05
2 do is I have some of our mailing
3 notices.
4 THE CHAIRMAN: Thank you.
5 MR. DAVIS: My name is Robert
6 Davis from Shamberg, Marwell Hollis and
7 Davis for the applicant here with Mr.
8 Crocco tonight our architect. Before I
9 get into a discussion of the
10 application -- the microphone has
11 gotten a bit more louder since the last
12 time I was here -- I have two hand ins
13 to give up to the Board that arrived
14 today.
15 First of all, I have nine
16 neighbors' letters in support of the
17 application. Those include the owners
18 of three properties adjacent or tangent
19 to the property in the rear, and also
20 the owner of the property to the
21 immediate right or to the north of this
22 property, and I'll hand those up.
23 I also have a copy of an
24 interesting document from 1956, the
25 original brokerage listing for the
DINA M. MORGAN, REPORTER
6 1 EASTCHESTER ZBA - 10/11/05
2 house which used to be owned by our
3 client that adjoins the property which
4 shows that it was listed for sale at
5 that time when our clients purchased it
6 all in 1956 as a separate lot from the
7 two vacant lots that are the subject of
8 the application tonight. So, I'll give
9 those to the Board for the record.
10 THE CHAIRMAN: Thanks.
11 MR. DAVIS: By way of this
12 application, the facts and legal
13 arguments are set forth at full length
14 in my letter to the Board of August
15 19th of this year, so I'll just go
16 through a summary tonight of the basic
17 points.
18 As you know, this is an
19 application for only a single area
20 variance. This is a forty-five hundred
21 square foot lot in an R-5, five
22 thousand square foot minimum lot size
23 zone. So, we're looking tonight for a
24 ten percent lot size variance, which is
25 really even more minimal than that in
DINA M. MORGAN, REPORTER
7 1 EASTCHESTER ZBA - 10/11/05
2 context.
3 As you know, the legal criteria
4 for area variances set forth are
5 basically the same in the town law and
6 in the town zoning ordinance and the
7 main criteria is a balancing test
8 benefit versus detriment and the
9 benefit to the applicant in this case
10 is establishing a building lot.
11 Without the variance you could not
12 build on this lot.
13 As you know and are familiar with
14 property values in Eastchester, and
15 we've submitted a market analysis, this
16 lot would be worth over three hundred
17 thousand dollars. Without the variance
18 it would be largely valueless and our
19 client would continue to pay taxes of
20 over eleven hundred dollars a year.
21 In contrast to that, we would
22 respectfully submit and go on to
23 discuss here tonight the fact that
24 there's no detriment either to the
25 community or the surrounding
DINA M. MORGAN, REPORTER
8 1 EASTCHESTER ZBA - 10/11/05
2 neighborhood of granting the variance.
3 As you know, in applying the
4 balancing test under state law and your
5 local law there's five sub-critieria,
6 if you will, that are to be considered
7 in your application of the balancing
8 test.
9 The first one has to do with
10 there being no undesirable change in
11 the character of the neighborhood or
12 detriment to the nearby properties, and
13 in this regard I would submit there are
14 many favorable factors in our client's
15 behalf. I have at least ten of them
16 here that I would like to share with
17 you.
18 First of all, the lot and the
19 house would comply in all regards with
20 your regulation, including the bulk
21 regulation of the zoning ordinance with
22 the exception of the lot size criteria.
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