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Minutes, Zoning Board of Appeals, March 14, 2006
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2 STATE OF NEW YORK COUNTY OF WESTCHESTER 3 TOWN OF EASTCHESTER . . . . . . . . . . . . . . . . . . . . . . X 4
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 March 14, 2006 7:30 p.m. 11
12 B E F O R E:
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14 LOUIS SATRIALE, Chairman MICHAEL CAHALIN, Member 15 PAUL CUBITA, Member FRED SALANITRO, Member 16 PETER BORDUCCI, Member
17 P R E S E N T: 18
19 LOUIS REDA, Deputy Town Attorney MARGARET UHLE, Director of Planning 20 JAY KING, Building Inspector
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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 - 3/14/06
2 THE CHAIRMAN: I would like to
3 welcome everybody to the March 14th
4 meeting of the Zoning Board of Appeals.
5 Would everybody please stand for the
6 Pledge of Allegiance.
7 (Whereupon the Pledge of Allegiance
8 was said.)
9 THE CHAIRMAN: I apologize we're
10 starting a few minutes late. We'll get
11 right to the agenda so we can get
12 underway. I'll call the agenda. If an
13 applicant or their representative is here
14 if you will just acknowledge your
15 presence. If for any reason you're not
16 going to proceed with your application
17 tonight, please let us know now so that
18 if people in the audience or people at
19 home may be interested in your
20 application they don't have to stay here
21 or watch TV for the rest of the night.
22 First item on the agenda tonight
23 will be 05-95, 46 Parkway Circle. Mr.
24 Lutzenberger is here for the applicant.
25 MR. LUTZENBERGER: Yes.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/14/06
2 THE CHAIRMAN: Ready to go forward,
3 right?
4 MR. LUTZENBERGER: Yes.
5 THE CHAIRMAN: Second application
6 that was to be on the agenda tonight was
7 292 White Plains Road. That has been
8 adjourned at the applicant's request. So
9 anybody here concerned about that or
10 watching, that will not be heard tonight,
11 it will be heard at our April meeting
12 which is the second Tuesday in April.
13 Next item on the agenda tonight
14 will be 05-101A, 25 Soundview Drive. Is
15 somebody here for the applicant? This
16 gentleman here, okay.
17 Next one will be 05-49, Walgreen's.
18 Is somebody here for Walgreen's?
19 Gentleman in the back.
20 Under new business first item will
21 be 876 and 878 White Plains Road. Is Mr.
22 Salerno here for that one?
23 MS. UHLE: I spoke to him earlier
24 today. He did say he was not going to be
25 here at the very beginning of the meeting
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/14/06
2 but he will be here by the time his
3 application is called.
4 THE CHAIRMAN: So, if anybody is
5 interested in that one, that one is
6 expected to go forward tonight.
7 Next one is 06-19, 63 Overlook
8 Avenue. This gentleman is here for that.
9 Next one would be 06-20, Family and
10 Community Services, and the attorney for
11 Family and Community Services is here.
12 The final one tonight will be
13 05-36, 29 Arlington Road.
14 MS. UHLE: I also spoke to the
15 architect for that application, he is
16 planning to be here shortly as well.
17 THE CHAIRMAN: So, they're not here
18 yet, but that one is expected to go
19 forward as well.
20 Okay, we'll get right to the
21 agenda. The first item under old
22 business is 46 Parkway Circle. Mr.
23 Lutzenberger is here on behalf of the
24 applicant.
25 MR. LUTZENBERGER: May it please
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/14/06
2 the Board, we have submitted papers now
3 over the past couple of months and
4 speaking for the applicant believe that
5 the record on this application is
6 essentially complete. The applicant has
7 nothing to add to the record.
8 One comment in that respect, if I
9 may, I was advised that a question was
10 raised about a potential exception from
11 the title. The title policy is attached
12 as Exhibit A to our most recent
13 submission. The attorney for the closing
14 on that has sent me that exception or the
15 page. If it's appropriate, I'll hand it
16 up. The exception is for a tree trimming
17 and utility access for the phone company.
18 I'll make that a part of the record if I
19 may.
20 With respect to the balance of the
21 matters, I'm joined this evening by Mr.
22 Gibbons, the engineer for the applicant,
23 Mr. Canning, the traffic consultant that
24 conducted this study, and by the
25 applicant. All these gentlemen are
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/14/06
2 available to answer such questions as you
3 may have, as am I, but I do not -- we
4 said what we want to say in our papers
5 and I do not at this point have anything
6 to add but would be pleased to do so in
7 response to a question and would like to
8 reserve some time in replies.
9 THE CHAIRMAN: Fair enough. We did
10 get a number of submissions on this
11 application both from the applicant and
12 from the neighborhood. I know that
13 everybody has reviewed everything that
14 has been submitted and rather than be
15 repetitive I'll take Mr. Lutzenberger at
16 his offer. The public hearing on the
17 application is still open. What I
18 believe we're going to do tonight, but
19 we'll see how it plays out, that anybody
20 who wants to speak on this application
21 can speak on it for as long as they like.
22 My plan would be, but again things
23 change, that at the end of that we'll
24 close the public hearing for this
25 application, the applicant will get a
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/14/06
2 final word which is the way all such
3 applications work, he will be able to
4 listen to all the discussions and
5 comments from the neighborhood if there
6 are any and then he'll have a final
7 chance to reply. My expectation is we'll
8 close the public hearing, there will be
9 no further submissions from the
10 applicant, from the neighborhood and if
11 we're prepared to do a Resolution tonight
12 we will. If not, we'll hold it over just
13 for a Resolution at the April meeting.
14 Before we go back to the public,
15 does anybody on the Board have anything
16 that they would like to ask Mr.
17 Lutzenberger or any of the
18 representatives he has here with him
19 tonight at this time? We're going to
20 come back to the Board, but if anybody
21 has anything.
22 MR. CAHALIN: Let's kick it off.
23 THE CHAIRMAN: So we'll get right
24 to the public. The public hearing has
25 remained open, so we have no need to do a
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/14/06
2 motion in that regard. So, would anybody
3 like to speak with respect to this
4 application, 46 Parkway Circle?
5 MS. BAGGIO: Good evening,
6 Chairman, members of the Board. As the
7 applicant's attorney said, this record is
8 complete. There's just a couple of
9 things I just wanted to bring your
10 attention to and one of the issues I
11 e-mailed Ms. Uhle about is in the January
12 meeting there was a request for the Board
13 that the legal department gives their
14 opinion as to the meets and bounds
15 description and how that is indicative of
16 whether it's a separate lot or is it
17 still one lot.
18 My contention is, as it has been
19 from the beginning, that this is one lot
20 that's been joined and that has to go to
21 the Planning Board for a subdivision. As
22 I said before, that's already in my
23 papers. One of the things that we
24 submitted recently is an analysis of the
25 neighborhood. I read the replies. The
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