Town of Eastchester, NY: Minutes, Zoning Board Meeting, October 9, 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

8 . . . . . . . . . . . . . . . . . . . . . . X

9 HELD AT: Eastchester Town Hall

40 Mill Road

10 Eastchester, New York 10709

October 9, 2007 7:30 p.m.

12 B E F O R E:

14 LOUIS SATRIALE, Chairman

FRED SALANITRO, Member

15 PETER BORDUCCI, Member

MARK DE MARCO, Member

17 P R E S E N T:

LOUIS REDA, Deputy Town Attorney

19 MARGARET UHLE, Director of Planning

JAY KING, Building Inspector

20 KERI OUELLETTE, Assistant Planner

DINA M. MORGAN

24 25 COLONIAL ROAD

BRONXVILLE, New York 10708

25 914-469-6353

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 10/9/07

2 THE CHAIRMAN: Good evening. I

3 would like to welcome everybody to the

4 October 9th meeting of the Zoning Board

5 of Appeals. Would everybody please stand

6 for the Pledge of Allegiance.

7 (Whereupon the Pledge of Allegiance

8 was said.)

9 THE CHAIRMAN: Before we begin with

10 the agenda, what I would like to do first

11 is introduce to the public a new member

12 of the Zoning Board. To my far right is

13 a gentleman, Mark De Marco, whose first

14 meeting is tonight. He was appointed to

15 the Zoning Board by the Town Board during

16 its September meeting. Mr. De Marco is

17 an attorney with a practice in the Bronx

18 and we look forward to serving with him

19 and receiving his input and we are very

20 grateful that Mr. De Marco has stepped

21 forward to volunteer his time to the town

22 of Eastchester. Mr. De Marco, we welcome

23 you to the board.

24 MR. DE MARCO: Thank you very much

25 and good evening everyone.

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 10/9/07

2 THE CHAIRMAN: First item of

3 business will be the approval of our

4 minutes from our September 11th meeting.

5 Is there a motion to approve the minutes?

6 MR. SALANITRO: So moved.

7 THE CHAIRMAN: Moved by Mr.

8 Salanitro. Is there a second?

9 MR. BORDUCCI: Second.

10 THE CHAIRMAN: Second by Mr.

11 Borducci. All in favor.

12 (All aye.)

13 THE CHAIRMAN: With an abstention

14 from Mr. De Marco because he wasn't at

15 that meeting.

16 Next item of business, I'll just

17 run through the agenda quickly. As you

18 can see, we have a board of four tonight

19 because our fifth member, Mr. Baker, had

20 a car problem in upstate New York and was

21 not able to make it back in time for the

22 meeting. What that means for the

23 applicants is you need a majority of the

24 sitting members in order to get an

25 approval tonight. So, you need three out

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 10/9/07

2 of the four sitting members in order to

3 get an approval. Because of that

4 situation, each applicant has the option

5 if they would like to adjourn tonight

6 until the November meeting when we most

7 likely will have a board of five and then

8 you only need three out of five instead

9 of three out of four. If you proceed

10 tonight, and you do so at your option, if

11 you end up with a two/two vote that's a

12 denial. Each applicant needs to be

13 comfortable with that. I'll run through

14 the agenda quickly and if you could just

15 indicate for me whether or not you're

16 comfortable proceeding with a four person

17 board. If you so indicate, you'll

18 obviously be allowed to proceed, but if

19 you don't want to proceed you have the

20 absolute right to wait until November

21 when we most likely will have five again.

22 Turning to the agenda, the first

23 item that was on the original agenda

24 circulated was Application 07-56, The

25 Faucet Works, at 395 White Plains Road.

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 10/9/07

2 That application has been adjourned

3 tonight. For those that have followed

4 this application, we heard it in

5 September. There was a request by the

6 board for the police department to do a

7 traffic count with regard to the

8 municipal lot behind The Faucet Works

9 location. The traffic count has not yet

10 been completed. The applicant has been

11 notified and has agreed to adjourn from

12 tonight until our meeting in November.

13 For anyone following this application, it

14 will be on our November agenda. You will

15 not receive any additional notification

16 about it, it's just going to be carried

17 onto the next agenda and we'll hear it at

18 that time.

19 The next item on tonight's agenda

20 will be Application 07-41, Omnipoint. Is

21 somebody here from Omnipoint? Are you

22 comfortable proceeding with a four person

23 board?

24 MR. GAUDIOSO: Yes, chairman.

25 THE CHAIRMAN: Thank you. Under

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 10/9/07

2 new business for tonight first

3 application will be 31 Stewart Place.

4 Mr. Salerno is here on behalf of the

5 applicant. Are you comfortable

6 proceeding with a four person board?

7 MR. SALERNO: Yes, Mr. Chairman.

8 THE CHAIRMAN: Thank you, Mr.

9 Salerno. Next application under new

10 business is Immaculate Conception School

11 at 53 Winter Hill Road. Is somebody here

12 on behalf of the school? Yes, sir.

13 ARCHITECT: Yes.

14 THE CHAIRMAN: ICS is comfortable

15 proceeding with a four person board as

16 well.

17 Next application is Application

18 07-79, 22 Parkway Plaza. Mr. Kiernan is

19 here. Mr. Kiernan, are you comfortable

20 proceeding with a four person board?

21 MR. KIERNAN: Yes.

22 THE CHAIRMAN: That one will go

23 forward with a four person board.

24 The final item on tonight's agenda

25 is 25 Highland Avenue. Is somebody here

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 10/9/07

2 on that one?

3 It doesn't appear that anyone is

4 here on that one. My understanding is

5 that one is supposed to proceed tonight.

6 If and when somebody shows up on behalf

7 of that applicant, we'll give them the

8 same option about proceeding with a four

9 person board, but it's the expectation

10 that one is likely to go forward as well.

11 That's the end of the agenda for tonight.

12 We'll head right into the agenda.

13 First application that will be

14 heard tonight is Application 07-41,

15 Omnipoint, located at 24 Ray Place.

16 MR. GAUDIOSO: Good evening. Thank

17 you, chairman and members of the board.

18 Robert Gaudioso, partner with the law

19 firm of Snyder & Snyder on behalf of the

20 applicants.

21 Chairman, this is a special use

22 permit application for a wireless

23 communication facility at 24 Ray Place.

24 The facility is very simple. It consists

25 of six panel antennas completely

DINA M. MORGAN, REPORTER

1 EASTCHESTER ZBA - 10/9/07