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Minutes, Zoning Board Meeting, May 9, 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 May 9, 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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22
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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 - 5/9/06
2 THE CHAIRMAN: Good evening. I
3 would like to welcome everybody to the
4 May 9th meeting for the Zoning Board of
5 Appeals. Would everybody please rise for
6 the Pledge of Allegiance.
7 (Whereupon the Pledge of Allegiance
8 was said.)
9 THE CHAIRMAN: We'll get right to
10 business. We have an extremely long
11 agenda tonight. Before we get to the
12 agenda, is there a motion to approve the
13 minutes from our April 11th meeting?
14 MR. CAHALIN: I'll make the motion,
15 Mr. Chairman.
16 THE CHAIRMAN: Moved by Mr.
17 Cahalin. Is there a second?
18 MR. BORDUCCI: Second.
19 THE CHAIRMAN: Second I believe by
20 Mr. Borducci. All in favor.
21 (All aye.)
22 THE CHAIRMAN: The minutes of our
23 April meeting are approved. I'll just
24 run through the agenda quickly so that
25 anybody that's here for a particular
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 5/9/06
2 application or watching at home will know
3 whether that application is likely to go
4 forward tonight. If for any reason
5 there's an applicant that doesn't want to
6 go forward, please let us know now so
7 anybody interested doesn't have to spend
8 the rest of the night watching and
9 waiting for yours to come up.
10 The first one tonight under old
11 business is Family and Community Services
12 and that's Ms. Cioci and you're ready to
13 proceed.
14 Second one on for tonight is one 38
15 Woodruff Avenue. That's Mr. Crocco, and
16 you're ready to proceed.
17 Next one on tonight under old
18 business is 31 Stewart Place. I don't
19 see Mr. Salerno, but I believe that one
20 will proceed as well.
21 Under new business the first item
22 is 46 Morgan Street. Is that Mr.
23 Cotugno? Yes. And you're going to
24 proceed tonight?
25 MR. COTUGNO: Yes.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 5/9/06
2 THE CHAIRMAN: Second one under new
3 business is 11 Hillary Way. That's also
4 Mr. Cotugno, and you're going to proceed
5 with that one as well?
6 MR. COTUGNO: Yes.
7 THE CHAIRMAN: Next one under new
8 business, 32 Nelson Road. Is somebody
9 here for that? Mr. Cotugno with the hat
10 trick. And you're going to proceed with
11 that one.
12 Application 06-37 I believe we
13 continue with the Mr. Cotugno show.
14 You're going to do 106 Gaylor, right?
15 MR. COTUGNO: Yes.
16 THE CHAIRMAN: That one will
17 proceed as well. Next one is 06-39, 19
18 Longview Drive.
19 MS. UHLE: That's Mr. Ruzzi and he
20 will be here later.
21 THE CHAIRMAN: He will be here
22 later, so that one will proceed.
23 Next one under new business is 737
24 White Plains Road. Is somebody here on
25 that one? There is not, but expect that
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 5/9/06
2 to go forward, right?
3 MS. UHLE: Yes.
4 THE CHAIRMAN: If you're interested
5 in that, that will probably proceed
6 tonight.
7 Next one on the agenda is 21
8 Brambach Avenue. Is somebody here for
9 that? Nobody is here yet, but they're
10 toward the end of the agenda so that's
11 maybe why they're not here, but I expect
12 that one will go forward.
13 155 Locust Avenue, is anybody here?
14 Nobody is here on that, but we also
15 expect that one to go forward.
16 Next one is 109 Park Drive. Is
17 anybody here for that? Mr. Crocco is
18 here for that, and you're going to go
19 forward with that?
20 MR. CROCCO: Yes.
21 THE CHAIRMAN: Last one on the
22 agenda tonight, hopefully we'll get there
23 before tomorrow, is for 43 White Plains
24 Road. Mr. Crocco is here for that one
25 and he is ready to proceed.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 5/9/06
2 That's our entire agenda. So, as
3 it stands now all the items on the agenda
4 will move forward tonight.
5 First item under old business is
6 Family and Community Services and it's
7 Ms. Cioci.
8 MS. CIOCI: Good evening, Lucia
9 Cioci with Cuddy & Feder on behalf of
10 Family and Community Services.
11 We were first before this Board in
12 March at the March hearing. Between that
13 time and this evening we submitted some
14 supplemental information and the Board
15 had also retained an independent
16 appraiser to come up with some values for
17 the permitted uses in the R-6 zone.
18 I want to start by talking about
19 some of the information that we provided
20 in our supplemental submission concerning
21 the current use of the property by Family
22 and Community Services. We detailed the
23 hours, what kind of professional staff is
24 there now at the premises and I think if
25 you review it and you look at it you
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 5/9/06
2 realize this is a unique situation where
3 the variance that we're asking for for
4 professional offices is currently the use
5 of the building, it just happens to be
6 for a non-profit as opposed to a for
7 profit dentist or doctor or so forth.
8 So, the current use of the property
9 is actually consistent with what we're
10 asking for as far as a use variance is
11 concerned.
12 I also wanted to talk a little bit
13 about the Board's ability to condition a
14 use variance. We had talked last time
15 about concerns about granting a use
16 variance, it runs with the property, what
17 happens if someone wants to come in,
18 knock down the building, create a bigger
19 building. The Board has discretion to
20 condition any kind of variance to ensure
21 that any concerns are taken care of. So,
22 for instance, this Board could condition
23 a use variance on the existing building
24 not being expanded. This Board can also
25 condition a use variance on if it's
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 5/9/06
2 professional office use that the hours be
3 typical professional office hours and
4 exclude any kind of twenty-four hour
5 office use.
6 So, there are a lot of options for
7 this Board in order to minimize any
8 potential adverse impacts to the
9 community.
10 This Board can also impose a time
11 limit condition on a use variance. If
12 you felt that a certain period of time,
13 five years, ten years things in the
14 neighborhood would change whereas the use
15 variance would no longer be applicable,
16 you could require someone to come back
17 and seek a renewal of the use variance,
18 at which time you would be able to look
19 at the conditions to see if they would
20 dramatically change. There are quite a
21 few things the Board can do to ensure
22 that any potential impacts that they can
23 foresee are taken care of.
24 I also wanted to talk a little bit
25 about the appraiser report and the
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 5/9/06
2 concept of the reasonable return. You
3 reviewed the report, I assume, and it's
4 pretty consistent with what we provided
5 as far as the value of a single family
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