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Minutes, Zoning Board Meeting, September 11, 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 September 11, 2007 7:30 p.m. 11
12 B E F O R E:
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14 LOUIS SATRIALE, Chairman FRED SALANITRO, Member 15 PETER BORDUCCI, Member STEVEN BAKER, Member 16
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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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 - 9/11/07
2 THE CHAIRMAN: Good evening. I
3 would like to welcome everybody to the
4 September 11th meeting for the Zoning
5 Board of Appeals. Would everybody please
6 stand for the Pledge of Allegiance.
7 (Whereupon the Pledge of Allegiance
8 was said.)
9 THE CHAIRMAN: First item of
10 business would be to approve the minutes
11 from our June, July and August meetings.
12 Is there a motion to approve the minutes?
13 MR. BORDUCCI: So moved.
14 THE CHAIRMAN: Moved by Mr.
15 Borducci. Is there a second?
16 MR. BAKER: Second.
17 THE CHAIRMAN: Second by I believe
18 Mr. Baker. All in favor.
19 (All aye.)
20 THE CHAIRMAN: The minutes have now
21 been approved. We have an abbreviated
22 agenda tonight. We only have two items
23 of new business. I'll run through the
24 agenda quickly in case anyone is tuning
25 in for an item that has been adjourned.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 9/11/07
2 The first item under new business
3 tonight, we're going to take it slightly
4 out of order, will be 69 Mill Road. The
5 applicant is here on 69 Mill Road. Are
6 you prepared to proceed tonight?
7 MS. GALLUCCI: Yes.
8 THE CHAIRMAN: For this application
9 and also the second one, The Faucet
10 Works, you will see we have a board of
11 four tonight. We had one member leave
12 the board because he was elected to serve
13 on the school board. The town board is
14 in the process of selecting a fifth
15 member to our board. It's expected that
16 that person will be in place by our next
17 meeting in October. If you would like to
18 proceed tonight, you may. If you would
19 prefer to wait until it's a full board,
20 you may do that as well. The only issue
21 to consider in that regard is that if you
22 have a vote of two to two with a board of
23 four, that's a denial. You need three
24 out of the four sitting members tonight
25 in order to get an approval. I raise
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 9/11/07
2 that at this point and I'll ask the
3 applicant on our first application, 69
4 Mill Road, whether you wish to proceed
5 with a four person board with that
6 understanding.
7 MS. GALLUCCI: Yes, I'll proceed.
8 THE CHAIRMAN: 69 Mill Road will
9 proceed.
10 With regard to The Faucet Works, do
11 you wish to proceed with a four person
12 board?
13 APPLICANT: Yes.
14 THE CHAIRMAN: Faucet Works wishes
15 to proceed.
16 We've had two items that were
17 adjourned. The first one that's been
18 adjourned is 31 Stewart Place and the
19 second one that's been adjourned is
20 Immaculate Conception School. Both have
21 been adjourned until the October meeting
22 due to issues related to the publication,
23 the public notice. So, tonight we'll
24 only be proceeding on two matters.
25 That brings us to the first matter
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 9/11/07
2 tonight, which will be Application 07-68,
3 69 Mill Road. Good evening.
4 MS. GALLUCCI: Hi, how are you.
5 THE CHAIRMAN: Good, thank you.
6 MS. GALLUCCI: I'm just legalizing
7 my fence from a four foot to a six foot
8 fence mainly because I'm on a very busy
9 road and I have a special needs child who
10 is looking to get out. So, it's a safety
11 issue for myself and my family.
12 THE CHAIRMAN: Could you just
13 identify yourself for the transcript that
14 will ultimately be generated.
15 MS. GALLUCCI: My name is Rose
16 Gallucci.
17 THE CHAIRMAN: You're the home
18 owner at 69 Mill Road?
19 MS. GALLUCCI: That's correct.
20 THE CHAIRMAN: You did submit to
21 the board, in addition to pictures of the
22 fence, a written report with regard to
23 the five part test that the board has
24 received and reviewed. This is a public
25 hearing. Are there any questions or
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 9/11/07
2 comments for the applicant from the board
3 before we go to the public?
4 (No comments.)
5 THE CHAIRMAN: If not, is there a
6 motion to open the public hearing on
7 Application 07-68, 69 Mill Road?
8 MR. SALANITRO: So moved.
9 THE CHAIRMAN: Moved by Mr.
10 Salanitro. Is there a second?
11 MR. BORDUCCI: Second.
12 THE CHAIRMAN: Second by Mr.
13 Borducci.
14 THE CHAIRMAN: All in favor.
15 (All aye.)
16 THE CHAIRMAN: The public hearing
17 on this is now open. Would anybody like
18 to speak?
19 (No comments.)
20 THE CHAIRMAN: Seeing no one, is
21 there a motion to close the public
22 hearing?
23 MR. SALANITRO: So moved.
24 THE CHAIRMAN: Moved by Mr.
25 Salanitro.
DINA M. MORGAN, REPORTER
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1 EASTCHESTER ZBA - 9/11/07
2 MR. BORDUCCI: Second.
3 THE CHAIRMAN: Second by Mr.
4 Borducci. All in favor.
5 (All aye.)
6 THE CHAIRMAN: The public hearing
7 is now closed. We're back to the board.
8 Anything from you, Mr. Baker?
9 MR. BAKER: No, Mr. Chairman.
10 THE CHAIRMAN: Mr. Borducci?
11 MR. BORDUCCI: No, Mr. Chairman.
12 THE CHAIRMAN: Mr. Salanitro?
13 MR. SALANITRO: No, Mr. Chairman.
14 THE CHAIRMAN: I have nothing
15 either, other than to say that this is an
16 application for a variance with regard to
17 a six foot fence with regard to part of
18 the side yard area where a four foot
19 fence is permitted under the code.
20 In the past, we have sometimes
21 denied these, sometimes granted these and
22 the most compelling factor that normally
23 is in play is with regard to the
24 neighborhood in which the request is
25 made. Here, as the applicant indicated,
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