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Minutes, Zoning Board of Appeals, February 14, 2006


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1 EASTCHESTER ZBA - 2/14/06

2 STATE OF NEW YORK

COUNTY OF WESTCHESTER

3 TOWN OF EASTCHESTER

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5

MINUTES OF THE

6 EASTCHESTER ZONING BOARD OF APPEALS

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8 . . . . . . . . . . . . . . . . . . . . . . X

9 HELD AT: Eastchester Town Hall

40 Mill Road

10 Eastchester, New York 10709

February 14, 2006 7:30 p.m.

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12 B E F O R E:

13

14 MICHAEL CAHALIN, Member

PAUL CUBITA, Member

15 FRED SALANITRO, Member

PETER BORDUCCI, Member

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17 P R E S E N T:

18

LOUIS REDA, Deputy Town Attorney

19 MARGARET UHLE, Director of Planning

JAY KING, Building Inspector

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21

22

23

24 DINA M. MORGAN

43 CENTRAL DRIVE

25 BRONXVILLE, New York 10708

914-469-6353

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 MR. CAHALIN: Welcome to the

3 Meeting of the Zoning Board of

4 Appeals for the town of

5 Eastchester. As is our

6 custom, could we all rise and do

7 the Pledge of Allegiance.

8 (Whereupon the Pledge of

9 Allegiance was said.)

10 MR. CAHALIN: Next order of

11 business is to go over the agenda.

12 We've had some postponements,

13 adjournments, but I would like to

14 pole and see who's here. We have

15 Application 05-43, Omnipoint

16 Communications. I would also like

17 to bring to everybody's attention

18 at this point as you can see we are

19 a Board of four this evening and

20 as a Board of four two/two would be

21 the same as a denial. So, if you

22 choose to be heard tonight, if it

23 goes to two/two you will be denied.

24 So, I want to make everybody aware

25 of that.

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 MS. UHLE: You have the option

3 to ask to be adjourned until next

4 month when we should have a full

5 Board. But understand that if it

6 is a two/two vote that is

7 necessarily a denial.

8 MR. CAHALIN: Again, I'll ask

9 Omnipoint would you like to go

10 forward?

11 MR. BRATH: We'll proceed.

12 MR. CAHALIN: Application

13 06-08, Mr. Allocco.

14 MR. ALLOCCO: We're good, thank

15 you.

16 MR. CAHALIN: Thank you.

17 Application 06-10, 74 Dunwoodie

18 Street. Yes, ma'am, move forward?

19 ATTORNEY: Yes.

20 MR. CAHALIN: Application

21 06-11, 22 Claudet Way.

22 MR. SABRANDIO: We'll proceed.

23 MR. CAHALIN: We have several

24 adjourned items, so if anybody is

25 here for the following items they

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 have been adjourned to next month.

3 06-01, 876 and 878 White Plains

4 Road I don't see anybody.

5 Application 05-95, 46 Parkway

6 Circle. Application 05-84, Classic

7 Audi. 05-41, 543 White Plains

8 Road. Application 05-101, 25

9 Soundview Drive. Application

10 05-88, 292 White Plains Road, and

11 Application 05-49, Walgreen's, 370

12 White Plains Road. As no one is

13 here those will be adjourned.

14 Let's get started right away.

15 One housekeeping item is I need a

16 motion to approve the minutes of

17 January 10th. Do I have a motion?

18 MR. SALANITRO: I'll make that

19 motion.

20 MR. CAHALIN: Mr. Salanitro.

21 Do I have a second?

22 MR. BORDUCCI: Second.

23 MR. CAHALIN: Mr. Borducci.

24 All in favor.

25 (All aye.)

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 MR. CAHALIN: The minutes are

3 approved.

4 First item on the agenda under

5 old business is Application 05-43,

6 Omnipoint Communications, 60 Glenn

7 Road.

8 MR. BRATH: Good evening, David

9 Brath from the law firm of Snyder &

10 Snyder. As you know, Omnipoint

11 proposed a public communications

12 facility at 60 Glenn Road. It

13 consists of six panel antennas and

14 related equipment on the roof of

15 the building.

16 On June 14th, this Board

17 granted preliminary special permit

18 approval and referred the

19 application to the Planning Board

20 and the ARB Board. They approved

21 on the condition that all

22 stealthing on the antennas be

23 removed. We revised the site plan

24 accordingly and we're back before

25 you.

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 MR. CAHALIN: I believe the

3 public hearing is closed on this

4 one.

5 MS. UHLE: I believe it's a

6 continuation of the public hearing.

7 MR. CAHALIN: We're back to the

8 Board first. Does anybody on the

9 Board have any questions?

10 (No comments.)

11 MR. CAHALIN: Is there anybody

12 from the public who would like to

13 speak?

14 (No comments.)

15 MR. CAHALIN: As such, I would

16 like a motion to close the public

17 hearing. Do I have a motion?

18 MR. BORDUCCI: So moved.

19 MR. CAHALIN: Mr. Borducci.

20 Second.

21 MR. SALANITRO: Second.

22 MR. CAHALIN: Mr. Salanitro.

23 All in favor.

24 (All aye.)

25 MR. CAHALIN: The public

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 hearing is now closed. We're back

3 to the Board. Any comments?

4 MR. SALANITRO: I have none.

5 MR. CAHALIN: Mr. Cubita?

6 MR. CUBITA: No.

7 MR. CAHALIN: Mr. Borducci?

8 MR. BORDUCCI: No.

9 MR. CAHALIN: I have nothing.

10 MS. UHLE: The first item you

11 need to do before you make a

12 determination on the application is

13 to make a determination of

14 significance with regard to SEQRA.

15 In your package you did receive a

16 Resolution adopting a negative

17 declaration, so I think you could

18 either read that into the record or

19 if you would like to make a motion

20 to adopt a negative declaration

21 with the understanding that the

22 full Resolution has been submitted

23 into the record.

24 MR. CAHALIN: I would like to

25 make that motion. Anybody like to

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 second?

3 MR. SALANITRO: Second.

4 MR. CAHALIN: Second, Mr.

5 Salanitro. Mr. Cubita.

6 MR. CUBITA: Yes.

7 MR. CAHALIN: Mr. Borducci.

8 MR. BORDUCCI: Yes.

9 MR. CAHALIN: Mr. Salanitro.

10 MR. SALANITRO: Yes.

11 MR. CAHALIN: And I vote yes.

12 The negative declaration has been

13 declared.

14 MS. UHLE: Adopted, yes.

15 MR. CAHALIN: We can move to

16 the decision.

17 MS. UHLE: Yes.

18 MR. CAHALIN: I'll do this one.

19 This is Application 05-43,

20 Omnipoint Communications, Inc. for

21 a special permit to allow the

22 installation of a wireless

23 communications facility consisting

24 of six panel antennas and related

25 equipment cabinets mounted on the

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 2/14/06

2 roof of the existing multi family