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Minutes, Zoning Board of Appeals, October 10, 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 October 10, 2006 7:30 p.m. 11
12 B E F O R E:
13 LOUIS SATRIALE, Chairman 14 PAUL CUBITA, Member FRED SALANITRO, Member 15 PETER BORDUCCI, Member STEVEN BAKER, 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
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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 - 10/10/06
2 THE CHAIRMAN: I would like to
3 welcome everybody to the October 10th
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: First item of
10 business is to introduce a new board
11 member to our board. We have the
12 pleasure of having Mr. Steven Baker join
13 our board. He was appointed by the town
14 board at its most recent meeting. Mr.
15 Baker is an attorney, and we'll try not
16 to hold that against him. He's a partner
17 at a law firm in New York City and it's
18 also significant to note that Mr. Baker
19 served in the United States Army Reserve
20 and served a tour of duty in Iraqi
21 Freedom 2 and we certainly welcome him on
22 the board and look forward to serving
23 with him and appreciate his sense of
24 volunteerism to serve on this board.
25 So, Mr. Baker, I welcome you.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 10/10/06
2 MR. BAKER: Thank you, Mr.
3 Chairman.
4 THE CHAIRMAN: Before we get to the
5 agenda, we have to approve the minutes
6 from our last meeting, which was
7 September 12th, 2006. Is there a motion
8 to approve those minutes.
9 MR. SALANITRO: Make the motion.
10 THE CHAIRMAN: Moved by Mr.
11 Salanitro. Is there a second.
12 MR. CUBITA: Second.
13 THE CHAIRMAN: Second by Mr.
14 Cubita. All in favor.
15 MR. CUBITA: Aye.
16 MR. SALANITRO: Aye.
17 MR. BORDUCCI: Aye.
18 THE CHAIRMAN: And Mr. Baker you'll
19 abstain?
20 MR. BAKER: Abstention.
21 THE CHAIRMAN: Abstention from Mr.
22 Baker. The minutes have been approved
23 four to zero with one abstention.
24 I'll run through the agenda for
25 those that are here and those that are
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 10/10/06
2 watching at home so we'll know what's on
3 tonight and what is not.
4 First item under old business is
5 Application 05-84, which is Classic Audi.
6 Mr. Allocco is here and prepared to
7 proceed on behalf of the applicant? He
8 said yes. That one will go forward.
9 The second item under old business
10 is 31 Stewart Place. Mr. Salerno is here
11 and prepared to proceed? He said yes he
12 is.
13 Next item under old business is 737
14 White Plains Road. The applicant is here
15 and ready to proceed.
16 Next item under old business, 478
17 California Road. Mr. Allocco is also on
18 that and prepared to proceed.
19 Under new business we have four
20 applications. The first one is 9
21 Colonial Road. Is somebody here on that
22 application? Mr. Salerno is also on that
23 one and prepared to proceed.
24 Next one under new business is 9
25 Green Meadow Road. Is somebody here for
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 10/10/06
2 that one? The applicant is here on that
3 one and is prepared to proceed.
4 Next one is 55 Woodruff Avenue. Is
5 somebody here on that one? The homeowner
6 is here on that and ready to proceed.
7 The final one tonight is 63
8 Anderson Avenue. A representative of the
9 applicant is here and prepared to
10 proceed.
11 I'll note up front we're just
12 making a slight adjustment to the agenda
13 order tonight due to a commitment from
14 one of the representatives on 478
15 California Road. We're going to take
16 that out of order and it will come after
17 the Classic Audi application. Is the
18 board comfortable moving that because of
19 a personal commitment?
20 (All yes.)
21 THE CHAIRMAN: Other than that the
22 agenda will go in the order I called it,
23 we're just going to move forward that one
24 item.
25 We're ready for the first item
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 10/10/06
2 under old business and it's application
3 05-84, Classic Audi.
4 While Mr. Allocco is approaching
5 the podium, I'll just point out for the
6 public that this application was before
7 us prior to the summer break. There was
8 a presentation by Mr. Allocco at the
9 time. This is a request for an
10 interpretation with respect to whether or
11 not the applicant needs a use variance in
12 order to expand the current facility that
13 exists. The applicant's position on this
14 is that they do not need a use variance.
15 The building department's position is
16 that a use variance is required for any
17 expansion of the property.
18 What has happened since our last
19 meeting, which at least when we discussed
20 this one I believe it was either May or
21 June, is we requested of the building
22 department a written submission of the
23 basis of the building department's
24 conclusion that a use variance is
25 required for any expansion of this
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 10/10/06
2 facility. We did receive that
3 submission.
4 During the summer, the submission
5 was made available to the applicant and
6 that brings us to where we are tonight.
7 The building department's written
8 submission is consistent with and backs
9 up the position that they laid out at our
10 earlier meeting, that in the building
11 department's view a use variance is
12 required for expansion.
13 Our role in this process now is to
14 decide which interpretation we believe is
15 the appropriate one. That's the current
16 status of this matter and we're back to
17 Mr. Allocco.
18 MR. ALLOCCO: Thank you, Mr.
19 Chairman. Just to let the board know
20 what my plans are, I don't know how much
21 information was shared with you today, as
22 you know I did not as of yet submit any
23 written material and I do want to do that
24 I just don't want to waste your time on
25 material that's going to support a
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