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Minutes, Zoning Board of Appeals, January 9, 20081 1 2 STATE OF NEW YORK COUNTY OF WESTCHESTER 3 TOWN OF EASTCHESTER . . . . . . . . . . . . . . . . . . . . . . X 4 5 MINUTES OF THE 6 EASTCHESTER ZONING BOARD OF APPEALS 7 8 . . . . . . . . . . . . . . . . . . . . . . X 9 HELD AT: Eastchester Town Hall 40 Mill Road 10 Eastchester, New York 10709 January 9, 2008 7:30 p.m. 11 12 B E F O R E: 13 14 LOUIS SATRIALE, Chairman PETER BORDUCCI, Member 15 STEVEN BAKER, Member MARK DE MARCO, Member 16 17 P R E S E N T: 18 19 MARGARET UHLE, Director of Planning ROBERT TEDESCO, Deputy Town Attorney 20 JAY KING, Building Inspector KERI OUELLETTE, Assistant Planner 21 22 23 DINA M. MORGAN 24 25 COLONIAL ROAD Bronxville, New York 10708 25 914-469-6353 DINA M. MORGAN, REPORTER 2 1 EASTCHESTER ZBA - 1/9/08 2 THE CHAIRMAN: I would like to 3 welcome everybody to the January 9th 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: First item of 10 business will be the approval of our 11 minutes from the November 13th, 2007 12 meeting. Is there a motion to approve 13 the minutes? 14 MR. BORDUCCI: So moved. 15 THE CHAIRMAN: Moved by Mr. 16 Borducci. 17 MR. DE MARCO: Second. 18 THE CHAIRMAN: Second by Mr. De 19 Marco. All in favor. 20 (All aye.) 21 THE CHAIRMAN: The minutes have 22 been approved. We have a very short 23 agenda tonight, only two items. I'll run 24 through the two items and I'll indicate 25 the items that have been adjourned if DINA M. MORGAN, REPORTER 3 1 EASTCHESTER ZBA - 1/9/08 2 anybody is here or watching and is 3 interested in certain items. 4 First item under new business 5 tonight is 600 White Plains Road. Is the 6 applicant here on that application? 7 APPLICANT: Yes. 8 THE CHAIRMAN: Are you prepared to 9 proceed? Let me just ask you one 10 follow-up question. As you can see, we 11 have a board of four tonight. If you 12 would prefer to adjourn until the 13 February meeting, we would expect to have 14 a board of five at that time. If you 15 would like to go forward tonight, you 16 certainly have a right to go forward as 17 well, knowing that a two to two vote 18 would be a denial because you need a vote 19 of three in order to get an approval. 20 Your application, which is the 21 interpretation application, my guess is 22 we wouldn't vote on any way. Normally 23 for interpretation applications we take 24 at least two meetings. So, if you were 25 to proceed there really wouldn't be any DINA M. MORGAN, REPORTER 4 1 EASTCHESTER ZBA - 1/9/08 2 prejudice because I think it would be 3 unlikely we would vote any way, but I at 4 least want to give you that option. 5 The applicant's attorney has 6 indicated they want to proceed tonight on 7 application 07-97, which is 600 White 8 Plains Road. 9 The second and final application 10 for tonight will be 551 White Plains Road 11 and Mr. Salerno I believe is here for the 12 applicant. Mr. Salerno has indicated he 13 would like to proceed with a board of 14 four. 15 The adjourned items for tonight are 16 as follows: 17 31 Stewart Place has been adjourned 18 to our February meeting 10 Park Drive is 19 also adjourned to the February meeting 20 and 68 Lake Shore Drive has been 21 adjourned to the February meeting. 22 For the public's information, we 23 normally would meet on the second Tuesday 24 of each month. Obviously we're not doing 25 that tonight because of a conflict with DINA M. MORGAN, REPORTER 5 1 EASTCHESTER ZBA - 1/9/08 2 the town board meeting and the same holds 3 true for our February meeting. So, we'll 4 be meeting on February 13th for the 5 February meeting, which is the second I 6 believe Wednesday of February as opposed 7 to our normal night. 8 I should also add with regard to 9 the board of four that we have, the 10 reason we have four tonight instead of 11 five is because Fred Salanitro, who 12 formally sat to my immediate right, is no 13 longer a member of the Zoning Board 14 because he has been appointed to the town 15 board. Mr. Salanitro was on the board 16 for at least the past two years, I 17 believe, or possibly more. He was very 18 instrumental in driving the board on 19 several important resolutions and I know 20 the board will and I certainly will 21 personally miss Fred and we wish him the 22 best on the town board. 23 I believe that a fifth member of 24 the Zoning Board was appointed last night 25 by the town board, so I fully expect that DINA M. MORGAN, REPORTER 6 1 EASTCHESTER ZBA - 1/9/08 2 at the February meeting we'll be back to 3 a board of five. 4 Also, before we start the agenda we 5 are joined tonight by the new deputy town 6 attorney, Mr. Robert Tedesco sitting to 7 my far right, and Mr. Tedesco I believe 8 was appointed last night as deputy town 9 attorney and he's replacing Mr. Lou Reda 10 who normally would sit with us because 11 Mr. Reda has become town attorney. 12 I think I have all the players now 13 and Mr. Tedesco welcome and we look 14 forward to working with you. 15 MR. TEDESCO: It's nice to be here. 16 THE CHAIRMAN: We could go right 17 into the agenda now. First item of new 18 business is 600 White Plains Road, 19 Application 07-97. If you wouldn't mind 20 just coming to the mike. Thank you. 21 MR. PERISI: Good evening. My name 22 is Matthew Perisi. I'm with the law firm 23 Blakely, Platt and Schmidt in White 24 Plains. 25 I would like to introduce the DINA M. MORGAN, REPORTER 7 1 EASTCHESTER ZBA - 1/9/08 2 principal of 600 White Plains Road, LLC, 3 Mr. Robert Delgotti, who is here as well. 4 MR. DELGOTTI: Good evening. 5 MR. PERISI: Just a brief 6 application. We submitted the packet. 7 600 White Plains Road, LLC filed a Zoning 8 Board application challenging the 9 building inspector's determination that 10 the operators of the gasoline service 11 station at 600 White Plains Road were in 12 violation of the zoning code at Section 13 6-D-4. 14 I'll just do a quick background 15 about the situation. 16 600 White Plains Road is now a 17 residential area, but it has been a 18 gasoline service station for more than 19 forty-five years. The original 20 Certificate of Occupancy was issued in 21 August of 1962, and as part of our 22 application we submitted an Affidavit of 23 Christopher Thomas who is assistant 24 manager for the landlord of 600 White 25 Plains Road and attached to that is a DINA M. MORGAN, REPORTER 8 1 EASTCHESTER ZBA - 1/9/08 |