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Minutes, Zoning Board of Appeals, August 7, 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 August 7, 2007 6:00 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 STEVEN BAKER, Member
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 - 8/7/07
2 THE CHAIRMAN: I would like to 3 welcome everybody to the August 7th
4 special meeting of the Zoning Board of
5 Appeals. Would everybody please stand
6 for the Pledge of Allegiance.
7 (Whereupon the Pledge Allegiance
8 was said.)
9 THE CHAIRMAN: We're meeting
10 tonight for the sole purpose of reaching
11 a Resolution on Application 06-91,
12 Commerce Bank, 685 White Plains Road. I
13 believe the board is ready to proceed.
14 If there is no further questions or
15 issues from the board, is somebody
16 prepared to read a Resolution with regard
17 to the SEQRA determination?
18 MR. BORDUCCI: Yes, Mr. Chairman.
19 THE CHAIRMAN: Mr. Borducci.
20 MR. BORDUCCI: Thank you. I make a
21 motion that pursuant to Article 8 of the
22 Environmental Conservation Law and the
23 Rules and Regulations promulgated
24 thereunder at 6NYCRR Part 617
25 collectively SEQRA, the Zoning Board
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 8/7/07
2 serving as lead agency for the
3 environmental review of the proposed
4 action has determined that the proposed
5 unlisted action will not have a
6 significant adverse impact on the
7 environmental and hereby adopts a
8 negative declaration.
9 THE CHAIRMAN: Is there a second of
10 the negative declaration?
11 MR. CUBITA: So moved.
12 THE CHAIRMAN: Seconded by Mr.
13 Cubita. I'll call the roll. Mr.
14 Borducci.
15 MR. BORDUCCI: Yes.
16 MR. CUBITA: Yes.
17 THE CHAIRMAN: Mr. Cubita.
18 MR. CUBITA: Yes.
19 THE CHAIRMAN: Mr. Baker.
20 MR. BAKER: Yes.
21 THE CHAIRMAN: I vote yes. Mr.
22 Salanitro.
23 MR. SALANITRO: Yes.
24 THE CHAIRMAN: The negative
25 declaration has passed five to zero.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 8/7/07
2 We'll now move on to a Resolution. Is
3 somebody prepared to do a Resolution?
4 MR. SALANITRO: I have a Resolution
5 prepared.
6 THE CHAIRMAN: Mr. Salanitro.
7 MR. SALANITRO: This is Application
8 06-91, Commerce Bank, 685 White Plains
9 Road for a use variance to permit the
10 construction of a one story, five
11 thousand fourteen hundred square foot
12 bank building with twenty-five off-street
13 parking spaces and three remote teller
14 stations. The thirty-one thousand eight
15 hundred twenty five square foot property
16 is located at the corner of White Plains
17 Road and Burnham Drive in an R5, one
18 family residence district and is
19 identified on the tax map of the town of
20 Eastchester as Section 63E, Block 1, Lots
21 one through eight.
22 We have set forth here all of the
23 applicant's submissions as well as on
24 behalf of the town of Eastchester a list
25 of items of about thirty-four
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 8/7/07
2 submissions.
3 Moving right to the test.
4 After considering the presentation
5 by the applicant, the supporting
6 materials referenced herein and comments
7 made at the public hearing, the ZBA makes
8 the following findings:
9 Number one, as to whether the
10 applicant cannot realize a reasonable
11 return, provided that lack of return is
12 substantial as demonstrated by competent
13 financial evidence, the ZBA finds: The
14 evidence submitted by the applicant/owner
15 does not establish that it is unable to
16 realize a reasonable rate of return for
17 the property at issue and that the lack
18 of return is substantial. Based on
19 records in the town of Eastchester Tax
20 Assessor's office, it has been
21 established that the applicant/owner
22 purchased the property in question as a
23 fifteen lot parcel in 1977 for
24 approximately seventy-five thousand
25 dollars. All of the fifteen lots were
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 8/7/07
2 and are located within an R5 zone which
3 permitted and continues to permit the
4 construction of single family homes.
5 Lots 11 and 12 and Lots 13 and 15 were
6 merged to form two single family
7 residential building lots. The
8 applicant/owner proceeded through various
9 boards including the Town Board and
10 Zoning Board of Appeals to rezone the
11 remaining portion of the original fifteen
12 lots, including Lots 1 through 10, the
13 lots which are located at the
14 intersection of White Plains Road, Route
15 22, and Burnham Road, which are the lots
16 upon which the current medical/office
17 building sits. On September 3rd, 1985,
18 the applicant/owner received a use
19 variance to construct the present ten
20 thousand square foot medical/office
21 building which presently exists on the
22 parcel of land. No tenant was joined as
23 an applicant for the variance in 1985.
24 The building was constructed apparently
25 on speculation by the applicant/owner as
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 8/7/07
2 a shell in 1992. Montefiore thereafter
3 leased the building in 1995 and
4 completed, at its own cost, the
5 construction of the interior of the
6 building. They occupied the building
7 from 1995 to 2005. The applicant/owner
8 has provided no evidence to establish the
9 rate of return realized by it during the
10 period of time that said property was
11 occupied by Montefiore. The
12 applicant/owner developed the remainder
13 of the property by constructing two
14 single family homes on Lots 11 and 13
15 which were originally sold in 1995 for
16 two hundred thirty-five thousand dollars
17 and two hundred sixty-eight thousand five
18 hundred dollars, respectively. Lot 11
19 was sold again in 1998 for two hundred
20 seventy thousand dollars. The
21 applicant/owner along with Commerce Bank,
22 an entity not a party to the 1985
23 application, now seek a different use
24 variance which would result in the
25 demolition of the existing structure and
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