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Minutes, Zoning Board of Appeals, June 12, 2007


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1

2 STATE OF NEW YORK

COUNTY OF WESTCHESTER

3 TOWN OF EASTCHESTER

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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

June 12, 2007 7:30 p.m.

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12 B E F O R E:

13

14 LOUIS SATRIALE, Chairman

PAUL CUBITA, Member

15 FRED SALANITRO, Member

STEVEN BAKER, Member

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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 KERI OUELLETTE, Assistant Planner

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22

23

DINA M. MORGAN

24 25 COLONIAL ROAD

BRONXVILLE, New York 10708

25 914-469-6353

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/12/07

2

THE CHAIRMAN: I would like to

3 welcome everybody to the June 12th

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: As many of you

10 probably know, we have a fairly lengthy

11 agenda tonight. We're going to do our

12 best to get through it. This is supposed

13 to be our last meeting before the summer

14 break. We normally do not meet in July

15 and August. What the board has agreed to

16 do as a courtesy to both the applicants

17 before us and the residents interested in

18 any application is to meet on July 24th

19 if there are any open items left for this

20 agenda. For those in the public, we will

21 not hear any new applications on that

22 night, but to the extent there are any

23 open items from this agenda that we're in

24 a position to vote on then we will.

25 Obviously if we're not in a position to

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/12/07

2 vote on those because of a need for

3 additional information or anything like

4 that we won't and they will be carried to

5 the September meeting. What we have done

6 in the past, and I believe we did last

7 year, in order not to have applications

8 held over during the entire summer we had

9 a meeting last year toward the end of

10 June. This year we'll do it toward the

11 end of July just to clean up any

12 outstanding business. But we will not

13 hear any new applications that night, it

14 will just be items left over from

15 tonight's agenda.

16 I'm going to run through the agenda

17 quickly for two reasons. One, as you

18 will see, we have a board of four

19 tonight. Mr. Borducci had personal

20 obligations and will not be able to be

21 here tonight. So, for the applicants,

22 you now have an option, if you so desire,

23 to adjourn your application and the

24 important decision you have to make is if

25 you end up with a two/two vote on a board

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/12/07

2 of four your application is denied. You

3 need three out of the four of us in order

4 to get an approval. Because of that

5 handicap, if you will, if you wish to

6 adjourn tonight until the September

7 meeting, we're not going to hear your

8 application in July, but if you wish to

9 adjourn to the September meeting you have

10 the right to do so. The way it stands

11 with a board of four you basically have

12 one no vote already and you'll need three

13 out of the four of us in order to get

14 your application approved.

15 I will run through the agenda, one,

16 to have your consent to proceed tonight

17 with a board of four, and two, I would

18 like you to indicate if you are

19 proceeding tonight. It is a long agenda.

20 If you're not proceeding and either there

21 are people here in the audience or people

22 watching at home they would like to know

23 if your application is not proceeding so

24 they don't waste the entire evening

25 waiting for it to come up. If there are

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/12/07

2 any questions on that certainly the

3 applicant or representative please let me

4 know.

5 What does come up from time to time

6 is a question can we proceed with the

7 application and see which way the board

8 is leaning and then decide if we want to

9 vote. No. If you proceed with the

10 application, we may vote tonight. We may

11 not, but we may. If you're going to roll

12 the dice and proceed and if it seems to

13 you that you don't have three of us in

14 your favor, you can't at that point say

15 we want to wait until September because

16 we may vote on it. You need to make the

17 decision now.

18 The first item under old business

19 and the only item under old business is

20 Application 06-91, Commerce Bank and

21 that's Mr. Hocherman. Are you prepared

22 to proceed tonight?

23 MR. HOCHERMAN: Yes.

24 THE CHAIRMAN: Commerce Bank is

25 proceeding. First item under new

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/12/07

2 business 07-40, 37 Deerfield Avenue, is

3 somebody here on that application? Yes.

4 Are you prepared to proceed? Deerfield

5 is going to proceed.

6 Next one is 07-41, Omnipoint at 24

7 Ray Place. Is somebody here for that?

8 Omnipoint is going to proceed.

9 Next one is 07-44, 2 Lorraine

10 Drive. Is somebody here for that? Mr.

11 Cotugno. He's going to proceed as well.

12 Next one, 07-45, 19 Cypress Road.

13 Is somebody here for that? Are you

14 prepared to proceed tonight with a board

15 of four?

16 APPLICANT: Yes.

17 THE CHAIRMAN: Next one is 07-46,

18 26 Interlaken Drive. 26 Interlaken Drive

19 has indicated they want to proceed.

20 Next one, 07-47, 1 Tudor Lane is

21 somebody here for that? Tudor Lane wants

22 to proceed with a board of four as well.

23 Next one, 07-48, 60 Anderson

24 Avenue, is somebody here on that? Nobody

25 is here on that, but we received no

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/12/07

2 indication through the building

3 department that they're not going to

4 proceed on that one, so I'll check back

5 halfway through the agenda to see if a

6 representative appears for that one. As

7 far as we know, that's proceeding. We'll

8 give them the option not to proceed

9 because it's a board of four if they so

10 choose.

11 Next one is 07-49, 75 Lakeshore

12 Drive, is somebody here for that? Mr.

13 Salerno is prepared to proceed on

14 Lakeshore Drive.

15 Next one is 07-50, 1 Cross Hill

16 Road, is somebody here on that? Mr.

17 Stanziale and Mr. Stanziale is prepared

18 to proceed on that.

19 Number eleven under new business,

20 57 Bradley Road, is somebody here on

21 that? Are you prepared to proceed with a

22 board of four? Bradley Road is going to

23 proceed with a board of four.

24 The final one under new business is

25 07-55, 72 Bell Road, is somebody here for