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Minutes, Zoning Board of Appeals, February 13, 2007
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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 February 13, 2007 7:30 p.m. 11
12 B E F O R E:
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14 LOUIS SATRIALE, Chairman PAUL CUBITA, Member 15 FRED SALANITRO, Member PETER BORDUCCI, Member 16
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 25 COLONIAL ROAD 25 BRONXVILLE, New York 10708 914-469-6353
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 2/13/07
2 THE CHAIRMAN: I would like to 3 welcome everybody to the February 13th
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 our January 9th, 2007 meeting. Is
12 there a motion to approve the minutes?
13 MR. CUBITA: So moved.
14 THE CHAIRMAN: Moved by Mr. Cubita.
15 Is there a second?
16 MR. SALANITRO: Second.
17 THE CHAIRMAN: Second by Mr.
18 Salanitro. All in favor.
19 (All aye.)
20 THE CHAIRMAN: The minutes have
21 been approved. I'll run through the
22 agenda quickly to see if the applicant is
23 here and if you are here if you would
24 indicate whether you're prepared to
25 proceed tonight. As you can see, we have
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 2/13/07
2 a board of four tonight. Mr. Baker will
3 not be able to be here because of
4 military duty obligations, so we'll be
5 sitting for the entire night as a board
6 of four.
7 When we have a board of four, a two
8 to two vote is a denial of your
9 application. You need three yes votes in
10 order to have your application approved.
11 I say that because we're going to give
12 you the opportunity when we go through
13 the roll call if you choose to adjourn
14 for the evening that's your absolute
15 right and your application will be
16 adjourned to our March meeting when we
17 expect to have a full five member board.
18 If you want to proceed with a four member
19 board tonight, that's certainly your
20 right as well as long as you understand
21 and agree -- well, you understand, you
22 don't have to agree with because it is
23 what it is -- as long as you understand
24 that a two to two vote will mean the
25 denial of your application. We do have
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 2/13/07
2 one adjournment that I'll get to at the
3 end in case anybody is here or watching
4 at home with respect to that application.
5 We have one item under old business
6 tonight that is 06-91, Commerce Bank. I
7 see Mr. Hocherman here. Are you ready to
8 proceed with a four member board? Mr.
9 Hocherman has indicated he is.
10 We then move to the new business
11 agenda. First application is 07-02, 83
12 through 87 Maple Street. I know Mr.
13 Davis is here for that, and you're
14 prepared to proceed with a four member
15 board? Mr. Davis indicated he is.
16 Next under new business is
17 Application 07-05, 81 Lee Avenue. Is
18 somebody here on that application?
19 VOICE: Yes.
20 THE CHAIRMAN: Are you prepared to
21 proceed with a four person board?
22 VOICE: Yes.
23 THE CHAIRMAN: They've indicated
24 that that one will go forward as well.
25 Next one is Application 07-06, Java
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 2/13/07
2 Joe's Coffee at 747 White Plains Road.
3 The applicant is here. Are you prepared
4 to proceed with a four member board?
5 They indicated they are.
6 The next one is Application 07-07,
7 Siwanoy Country Club. The applicant is
8 here and you're prepared to proceed with
9 a four person board? They indicated they
10 are.
11 Next one is 07-08, 62 Stebbins
12 Avenue. Is somebody here for that? Mr.
13 Salerno. Mr. Salerno indicated he is
14 going to proceed with a four person
15 board.
16 Final item tonight that will be
17 moving forward, I believe, is 7 Andrew
18 Road. Is somebody here for that? Mr.
19 Salerno again and he is going to proceed
20 with a four person board.
21 The one adjourned item is
22 Application 06-103, which is 3 Olives
23 Restaurant Group and we expect that will
24 be back before the board for the March
25 meeting. You will not receive another
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 2/13/07
2 mailing with respect to that one because
3 it's being adjourned tonight and carried
4 onto the next agenda. So, if you're
5 interested in that application, it will
6 be back on the agenda for our March
7 meeting and you will not get another
8 notice in the mail.
9 I think that brings everything
10 current and we can proceed with the first
11 item tonight, which is Application 06-91,
12 Commerce Bank, 685 White Plains Road.
13 Mr. Hocherman.
14 MR. HOCHERMAN: Good evening, Mr.
15 Chairman, members of the board. I
16 haven't seen the high-tech installation
17 before. We have two things I guess to
18 talk about this evening, and again, it
19 came up last time and you could tell us
20 how much or how little you want to hear
21 about either one.
22 The first one is this legal issue
23 that keeps coming up and the whole
24 question of the degree to which this
25 board is bound by the determination that
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 2/13/07
2 was made on the first variance
3 application in this matter back in the
4 1980's. The last time we were here the
5 chairman -- the problem is there are so
6 many lawyers -- the chairman had a case
7 that you thought was applicable on that
8 cut against the cases that we had
9 presented in favor of our position the
10 fact that the board is bound by that
11 determination. We submitted a
12 supplemental letter to you on January
13 16th which basically drew the distinction
14 between precedent and res ajudicata and
15 we thought that the cases we had cited
16 obviously stood for the fact that this
17 board is bound by res ajudicata and not
18 necessarily by precedent and the case
19 that you cited, and you were kind enough
20 to give us a copy of, is a precedent
21 case. I guess a problem with being a
22 lawyer you start to believe your own
23 position more and more, but the more I
24 read through those cases and the more we
25 formulated this argument, the more
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