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Minutes, Zoning Board of Appeals, March 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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9 HELD AT: Eastchester Town Hall 40 Mill Road 10 Eastchester, New York 10709 March 13, 2007 7:30 p.m. 11
12 B E F O R E:
13 FRED SALANITRO, Acting Chairman 14 PAUL CUBITA, Member PETER BORDUCCI, Member 15 STEVEN BAKER, Member
16 P R E S E N T: 17
18 LOUIS REDA, Deputy Town Attorney MARGARET UHLE, Director of Planning 19 JAY KING, Building Inspector
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23 DINA M. MORGAN 25 COLONIAL ROAD 24 BRONXVILLE, New York 10708 914-469-6353 25
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/13/07
2 THE CHAIRMAN: I would like to call
3 the meeting to order. It's seven
4 thirty-five. Please stand for the
5 Pledge.
6 (Whereupon the Pledge of Allegiance
7 was said.)
8 THE CHAIRMAN: Good evening,
9 everyone. Welcome to the Zoning Board
10 meeting of March 13th. Before we get
11 started, I'll just turn the mike over to
12 Margaret Uhle just a few announcements.
13 MS. UHLE: First of all, I wanted
14 to announce that Lou Satriale was not
15 able to make the meeting this evening so
16 Fred Salanitro will be chairing the
17 meeting. That means that we'll have a
18 board of four members, and as some of you
19 know with a board of four if you have a
20 two/two vote that's considered a denial.
21 In just a minute, I'll go through the
22 agenda and see if everyone would like to
23 proceed or if you would rather adjourn to
24 the full board next month.
25 I also wanted to indicate to the
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/13/07
2 board members that on the agenda we have
3 approval of the minutes from February
4 13th. The building department has
5 received those, but you have not received
6 those yet so that you will have to wait
7 until next month to approve those.
8 Also, for the public that's here I
9 wanted to indicate there are three items
10 that were originally listed on the agenda
11 that have been adjourned. One of them
12 was adjourned just as of last night. So,
13 the three adjourned items are Commerce
14 Bank at 685 White Plains Road; 83-87
15 Maple Street, that was the one that was
16 adjourned just as of last night; and 111
17 Lockwood Avenue. I believe all of those
18 will be back on the agenda in April. So,
19 if you are here for any of those three
20 items, they will not be heard tonight.
21 Mr. Salanitro, do you want me to go
22 through each of these items to see
23 whether people want to proceed?
24 THE CHAIRMAN: Yes, why don't we
25 just go through the agenda and see who
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/13/07
2 wants to proceed and who does not and
3 then we can proceed from there.
4 MS. UHLE: Okay. Are the
5 applicants for 62 Stebbins Avenue here?
6 APPLICANT: Here.
7 MS. UHLE: Do you want to proceed?
8 APPLICANT: Yes.
9 MS. UHLE: 196 Oakland Avenue.
10 APPLICANT: Yes.
11 MS. UHLE: 3 Olive's Restaurant.
12 APPLICANT: Yes.
13 MS. UHLE: You're going to proceed,
14 okay. 71 Ridge Street.
15 APPLICANT: Yes.
16 MS. UHLE: 63 Howard Avenue.
17 APPLICANT: Yes.
18 MS. UHLE: 195 Lincoln Place.
19 APPLICANT: Yes.
20 MS. UHLE: 50 Leslie Road.
21 APPLICANT: Yes.
22 MS. UHLE: 50 Lakeshore Drive.
23 APPLICANT: Yes.
24 MS. UHLE: 19 Park Drive. I'm sure
25 that that one wants to proceed, but the
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 3/13/07
2 architect is not here yet.
3 THE CHAIRMAN: Getting right to the
4 agenda, the first item under old business
5 is item 07-08, 62 Stebbins Avenue. Mr.
6 Salerno.
7 MR. SALERNO: Good evening, Mr.
8 Chairman, members of the board, Rocco
9 Salerno, attorney for the applicants
10 Timothy and Shannon Tyler.
11 As you are aware, this matter was
12 on the agenda last month and it was
13 adjourned. I believe the board wanted to
14 consider the comments that were made and
15 it's my understanding it's on this
16 evening for a resolution.
17 THE CHAIRMAN: Yes.
18 MR. SALERNO: I have nothing
19 further to add to the application.
20 THE CHAIRMAN: Just to clarify
21 that, the last time it was on there were
22 several members that wanted to go back to
23 review the comments that were made by the
24 owner of I believe it was the property to
25 the rear, 63 Rose Avenue. So, before I
DINA M. MORGAN, REPORTER
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2 come to my comments I know the public
3 hearing is still open, I guess at this
4 point we can go back to the public
5 hearing unless there's any comments from
6 the board at this time.
7 MR. CUBITA: I would just like to
8 say that I did visit the property during
9 the past month just to actually go out
10 and get a better look at it.
11 THE CHAIRMAN: Why don't we go back
12 to the public hearing first, and, if
13 necessary, we can close the public
14 hearing and then proceed from there. The
15 public hearing was open at the last
16 meeting and is still open, so if there
17 are any comments from the public at this
18 time, please step forward. Yes.
19 MR. CARRIE: My name is Jim Carrie,
20 I'm the resident at 63 Rose Avenue, along
21 with my wife Joan. With the board's
22 permission, I would just like to for the
23 record read the letter that we submitted
24 to the board regarding this.
25 MS. UHLE: I actually never did
DINA M. MORGAN, REPORTER
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2 receive the letter. Did you e-mail it to
3 me today? I did not receive it. I was
4 keeping my eyes open for it. Do you want
5 to read the letter verbatim so they could
6 hear it.
7 MR. CARRIE: Yes, and my apologies
8 to the board. This is to the Eastchester
9 Zoning Board of Appeals.
10 We ask for your consideration
11 regarding the proposed addition to the
12 dwelling at 62 Stebbins Avenue which
13 borders the rear yard of our property at
14 63 Rose Avenue. In response to the
15 application for Mr. and Mrs. Tyler, we
16 believe that the proposed addition if
17 approved would have an adverse effect on
18 other property based on the town's five
19 prong test.
20 Regarding prong number one, based
21 on Mr. Salerno's visual inspection rather
22 than certified surveys of the neighboring
23 properties, he states in his letter that
24 his client's home is "smaller" compared
25 to other neighboring properties. We
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