Town of Eastchester, NY: Minutes, Zoning Board Meeting, July 24, 2007

2 STATE OF NEW YORK

COUNTY OF WESTCHESTER

3 TOWN OF EASTCHESTER

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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

July 24, 2007 7:30 p.m.

12 B E F O R E:

14 LOUIS SATRIALE, Chairman

PETER BORDUCCI, Member

15 STEVEN BAKER, Member

P R E S E N T:

18 LOUIS REDA, Deputy Town Attorney

MARGARET UHLE, Director of Planning

19 JAY KING, Building Inspector

KERI OUELLETTE, Assistant Planner

23 DINA M. MORGAN

25 COLONIAL ROAD

24 BRONXVILLE, New York 10708

914-469-6353

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 7/24/07

THE CHAIRMAN: I would like to

3 welcome everybody to the July 24th

4 meeting of the Zoning Board of Appeals.

5 If everybody would 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 tonight is with regard to the

11 content of the board for the evening.

12 Two board members have recently fallen

13 ill and are under the weather tonight.

14 So, as you can see, we have a board of

15 three. We can act as a board of three,

16 but each applicant, however, will have an

17 opportunity to adjourn if they so desire.

18 The individual walking in right now is

19 the deputy town attorney and he's not on

20 our board, so we are going to remain as a

21 board of three. Each applicant has the

22 opportunity to adjourn if they would

23 like. We normally have a board of five.

24 This was a very recent development and we

25 expect both board members to be up and

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 7/24/07

2 running relatively soon.

3 I believe the building department

4 has had certain discussions with at least

5 the Commerce Bank application and there's

6 been, at least from what I understand, an

7 indication from Commerce Bank that they

8 would like to wait until there's at least

9 a board of four or five before we proceed

10 to a resolution on that application.

11 Is that accurate, Mr. Hocherman?

12 MR. HOCHERMAN: Yes, it is, but

13 we'll go ahead --

14 THE CHAIRMAN: And we will, yes.

15 So, we're going to proceed tonight with

16 the Commerce Bank hearing and hopefully

17 close the public hearing if everything

18 goes according to plan. We would then

19 schedule a second special meeting for the

20 summer, which we are not happy about

21 doing but we're going to do it to finish

22 the matters that have carried over from

23 the June agenda. We've had discussions

24 with the building department and the

25 members of the board that are not feeling

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 7/24/07

2 well and we intend to have a second

3 special meeting on August 7th beginning

4 at six p.m. as opposed to our normal

5 start time of seven thirty. So, Commerce

6 Bank we'll be coming back on August 7th,

7 which I believe is two weeks from

8 tonight, at six o'clock. If everything

9 goes according to plan this evening, the

10 public hearing on that one will be

11 closed, we'll accept no more information

12 from the applicant, from the public, from

13 the town, from anyone, and we'll come

14 back two weeks from today only to read a

15 resolution and that will be done at six

16 o'clock.

17 So, if you can't make it that

18 night, you're not going to be

19 disadvantaged with regard to that

20 application because all we're going to do

21 that night is read a resolution. That

22 two week period of time will give us time

23 to review and digest the information we

24 received over the past several days from

25 both the public, from the applicant, from

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 7/24/07

2 the town consultant and we'll be in a

3 position that night if everything goes

4 the way it's supposed to tonight to just

5 vote on that application.

6 With regard to the remaining two

7 applications tonight, I'm going to go to

8 both applicants or their representatives

9 and ask you if you would like to proceed

10 tonight to a vote or if you would like to

11 adjourn until the August 7th meeting.

12 It's your option and we're going to be

13 here any way so it's whatever you decide.

14 As I indicated, Commerce Bank is

15 coming back August 7th hopefully for just

16 the reading of the resolution and that

17 will begin at 6:00 p.m. two weeks from

18 today rather than our normal start time

19 of seven thirty.

20 The second application on tonight

21 is Omnipoint and their attorney is here.

22 Do you wish to proceed tonight?

23 MR. BRAFF: We'll proceed tonight.

24 THE CHAIRMAN: Before I move to the

25 next one, the final item I should have

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 7/24/07

2 indicated is if any applicant wishes to

3 proceed tonight because we only have a

4 board of three you need a unanimous vote

5 of the board because under the law you

6 need three out of five when we have a

7 full board in order to get an approval.

8 The fact that two people aren't here

9 doesn't change the fact that you still

10 need three votes. So, a majority of

11 who's here two out of three is not an

12 approval it's a denial. If you decide to

13 proceed tonight, you need a unanimous

14 vote of three of the board that's here.

15 And Omnipoint, you still wish to proceed?

16 MR BRAFF: We'll proceed.

17 THE CHAIRMAN: The final one for

18 tonight will be 57 Bradley Road. I see

19 that the applicant is here. Do you wish

20 to proceed with a board of three?

21 The applicant has indicated he

22 wishes to proceed.

23 That's the agenda for this evening.

24 There are only three applications. We'll

25 proceed on Omnipoint and Bradley to a

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 7/24/07

2 vote. We'll see how we go with Commerce

3 Bank. Our hope is to close the public

4 hearing. We'll not vote tonight because

5 the applicant has asked to have a board

6 of hopefully four or five two weeks from

7 today and then we'll vote at that time on

8 that one.

9 For anybody here for any of the

10 applications, please stay if you wish to

11 speak because you're going to have an

12 opportunity to speak tonight on all the

13 applications before the board including

14 Commerce Bank even though we're not going

15 to vote tonight.

16 That brings us the final item

17 before we start the agenda would be

18 approval of our minutes from the June

19 12th meeting. Is there a motion to

20 approve the minutes from that meeting?

21 MS. UHLE: Actually, we probably

22 should wait because Mr. Borducci wasn't

23 present at that meeting.

24 THE CHAIRMAN: So, we don't have

25 three people that could vote on that. I

DINA M. MORGAN, REPORTER