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Minutes, Zoning Board of Appeals, November 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 November 14, 2006 7:30 p.m. 11
12 B E F O R E:
13 LOUIS SATRIALE, Chairman 14 STEVEN BAKER, Member PAUL CUBITA, Member 15 FRED SALANITRO, Member PETER BORDUCCI, 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 25 COLONIAL ROAD 25 BRONXVILLE, New York 10708 914-469-6353
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 11/14/06
2 THE CHAIRMAN: I would like to
3 welcome everybody to the November 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: The first item of
10 business is the approval of our minutes
11 from October 10th, 2006. Is there a
12 motion to approve the minutes.
13 MR. CUBITA: So moved.
14 THE CHAIRMAN: Moved by Mr. Cubita.
15 MR. SALANITRO: Second.
16 THE CHAIRMAN: Second by Mr.
17 Salanitro.
18 THE CHAIRMAN: All in favor.
19 (All aye.)
20 THE CHAIRMAN: The minutes have
21 been approved. We have a rather lengthy
22 agenda tonight, so what I'll attempt to
23 do is run through it fairly quickly just
24 to see if the applicant or their
25 representative is here, and if you are
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 11/14/06
2 here just indicate that you're prepared
3 to proceed tonight and if you're not
4 please tell us that as well that way if
5 there is somebody in the audience or
6 somebody at home interested in an
7 application that's not going to go
8 forward tonight at least we'll know at
9 the beginning of the meeting rather than
10 three or four hours from now.
11 Under old business the first
12 application is Classic Audi, Application
13 05-84, Mr. Allocco, and you're
14 proceeding, right?
15 MR. ALLOCCO: Yes.
16 THE CHAIRMAN: Second application
17 under old business is 06-22, 31 Stewart
18 Place. Mr. Salerno, we're here just for
19 a Resolution on yours.
20 MR. SALERNO: Correct.
21 THE CHAIRMAN: Next one under old
22 business is 9 Green Meadow Road. I see
23 the applicant in the back. You're
24 prepared to proceed tonight, correct?
25 APPLICANT: Correct.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 11/14/06
2 THE CHAIRMAN: Next one is 06-89,
3 63 Anderson Avenue. Is there a
4 representative of the applicant here on
5 that one? I don't see them, but I know
6 there's been communications between the
7 applicant and building department today,
8 so I believe that one will go forward
9 tonight.
10 Under new business the first one is
11 06-100, Mickey Spillane's, is somebody
12 here on that application? Mr. Salerno is
13 here for the applicant, and you're
14 proceeding tonight, correct?
15 MR. SALERNO: Yes.
16 THE CHAIRMAN: Next one is 06-91,
17 Commerce Bank, is somebody here for the
18 bank?
19 MR. SALERNO: We're prepared to
20 proceed.
21 THE CHAIRMAN: Mr. Salerno
22 indicates they're going forward on that
23 one as well.
24 Next one is 06-90, 92 Brook Street.
25 Mr. Cotugno is here and he is proceeding
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 11/14/06
2 on that application.
3 Next one is 15 Cypress Road. Mr.
4 Cotugno again. You're proceeding on that
5 one, right?
6 MR. COTUGNO: Yes.
7 THE CHAIRMAN: After that it will
8 be 2 Archer Drive. Gentleman in the
9 back. You're proceeding tonight,
10 correct?
11 APPLICANT: Yes.
12 THE CHAIRMAN: That one will go
13 forward.
14 Next one will be 27 Winding Lane.
15 I believe that's Mr. Salerno again and he
16 is proceeding on that one.
17 The final one tonight will be 3
18 Olives Restaurant. Is somebody here on
19 that application? I don't see anybody,
20 but again, this is another one where I
21 know there's been contact with the
22 building department so we expect that one
23 to go forward as well.
24 So, the agenda as written will
25 proceed tonight in its entirety. Getting
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 11/14/06
2 right to the agenda, the first item under
3 old business is Application 05-84,
4 Classic Audi at 541 White Plains Road.
5 For the public's information where
6 we're at with this application is this is
7 a request for an interpretation that's
8 being made by the applicant, Classic
9 Audi, with regard to whether or not a use
10 variance is necessary in order to expand
11 the dealership as they would propose.
12 They made an application to the building
13 department. The building department's
14 determination was that a use variance was
15 required. At some point during the
16 summer we received a submission from the
17 building department outlining their
18 determination. Before this meeting as
19 part of the packet we received a response
20 prepared by Mr. Allocco for the Audi
21 dealership. So the public is aware, our
22 only roll at this point is to determine
23 whether or not a use variance is
24 required. We're not making a decision if
25 a use variance was required should they
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 11/14/06
2 get it. We're not at that point and we
3 will not be at that point at any point
4 tonight. So, that's the limited roll we
5 have for this application.
6 Mr. Allocco, what we would just let
7 you know is that we obviously have the
8 building department's determination and
9 supporting materials. We have your
10 response, which I can tell you from
11 speaking to other board members everybody
12 has and everybody has read. You
13 certainly can make any presentation you
14 want tonight, but what my sense is, and
15 we can see how it plays out tonight is
16 what we will probably be looking for is a
17 response by the building department to
18 what you submitted to us tonight, and my
19 thought would be, and the rest of the
20 board can comment as well, since you're
21 the applicant here I believe you should
22 have the final word.
23 MR. ALLOCCO: Actually, the burden
24 is on me, I would agree.
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