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Minutes, Zoning Board of Appeals Meeting, June 10, 2008


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1

2 STATE OF NEW YORK

COUNTY OF WESTCHESTER

3 TOWN OF EASTCHESTER

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5

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

June 10, 2008 7:30 p.m.

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12 B E F O R E:

13

14 LOUIS SATRIALE, Chairman

PETER BORDUCCI, Member

15 ALAN PILLA, Member

MARK DE MARCO, Member

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17 P R E S E N T:

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19 MARGARET UHLE, Director of Planning

ROBERT TUDISCO, Deputy Town Attorney

20 JAY KING, Building Inspector

KERI OUELLETTE, Assistant Planner

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22

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 - 6/10/08

2

THE CHAIRMAN: I would like to

3 welcome everybody to the June 10th

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: We have a fairly

10 lengthy agenda this evening due I think

11 largely to the fact that this is our last

12 meeting before the summer break. So,

13 we'll try to be as efficient as possible

14 in moving through the agenda.

15 I'm just going to run through the

16 agenda quickly for a couple of reasons.

17 One, if the applicant is here,

18 please so advise the board that you are

19 here and indicate that you're prepared to

20 proceed tonight so that in case there is

21 somebody who is not the public here or

22 watching on TV will not have to sit

23 through the whole agenda to find out

24 later on that you're not going to proceed

25 tonight.

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/10/08

2 The second issue that I need to

3 raise is that as you can see we have a

4 board of four tonight. Mr. Baker is not

5 able to be here tonight and will not be

6 here for any part of the meeting. The

7 consequence of that is a board of four

8 requires a vote of three for an

9 application to be approved. So, if the

10 applicant ends up with a two/two vote,

11 it's a denial. You need three out of the

12 four of us to get an approval. If we had

13 a full board, you would only need three

14 out of five of us. So, you are at a

15 slight disadvantage having a board of

16 four. Because of that situation you have

17 the option to adjourn until our next

18 meeting in September. So, I'm going to

19 run through the agenda to see if you're

20 here and if you're ready and I'm also

21 going to ask if you want to proceed

22 tonight with a board of four. You have

23 an absolute right not to proceed tonight

24 if you don't want to. If you do proceed,

25 you do so understanding that if there is

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/10/08

2 a two/two vote your application is

3 denied. I'll run the agenda quickly.

4 First application is 31 Stewart

5 Place. Mr. Salerno is here. Mr. Salerno

6 is going to proceed with a board of four.

7 Next one is 85 Tuckahoe Avenue.

8 Mr. Davis is here and ready to proceed

9 with a board of four? Mr. Davis is going

10 to proceed.

11 Next one is Prodigy Learning

12 Center. Is someone here for the

13 applicant? Yes. Are you going to

14 proceed with a board of four? That one

15 is going to proceed with a board of four.

16 Next one is 26 Arlington Road. Is

17 somebody here on that application?

18 Gentleman in the back. Are going to

19 proceed on that one with a board of four?

20 That one is going to proceed as well.

21 Next one is 144 Gaylor Road. Mr.

22 Cotugno, board of four? He is going to

23 proceed with a board of four.

24 Next one is 6 Wildwood Road. Is

25 somebody here? Mr. Crocco's office,

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/10/08

2 Rebecca, you're going to proceed with a

3 board of four?

4 Ms. Rivera: Yes.

5 THE CHAIRMAN: Next one is 1

6 Corwood Road, is somebody here on that?

7 Yes. Will you proceed with a board of

8 four? 1 Corwood Road is going to

9 proceed.

10 Next one is 19 Hilltop Road, is

11 somebody here? Yes. That application

12 will proceed with a board of four.

13 Next one, 141 Hillside Place. Mr.

14 Bauman. Mr. Bauman is going to proceed

15 with a board of four.

16 Next one, 603 California Road.

17 This gentleman here. You'll proceed with

18 a board of four? That one will proceed.

19 Next one, and I believe the final

20 one, yes, it is, 146 Summerfield Street.

21 Mr. Cotugno. He will also proceed with a

22 board of four.

23 So, the entire agenda will go

24 forward tonight with a board of four. We

25 have one adjourned item that will

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/10/08

2 continue until at least our September

3 meeting and that's Application 08-10, 165

4 Oakland Avenue. So, if you're here for

5 Oakland Avenue or watching about Oakland

6 Avenue that one will not go forward

7 tonight.

8 Final item before we go to the

9 first application would be the approval

10 of our minutes from our May 13th meeting.

11 Is there a motion to approve the minutes?

12 MR. PILLA: So moved.

13 THE CHAIRMAN: Moved by Mr. Pilla.

14 Is there a second?

15 MR. BORDUCCI: Second.

16 THE CHAIRMAN: Second by Mr.

17 Borducci. All in favor.

18 (All aye.)

19 THE CHAIRMAN: The minutes from the

20 May meeting are approved and we're ready

21 to proceed with the first application,

22 which is the first and only one under old

23 business, it's Application 07-58, 31

24 Stewart Place. Mr. Salerno.

25 MR. SALERNO: Good morning, Mr.

DINA M. MORGAN, REPORTER

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1 EASTCHESTER ZBA - 6/10/08

2 Chairman, members of the board -- good

3 evening, rather, Rocco Salerno, attorney

4 for the applicants, Rocco and Helen Reese

5 and with me this evening is Helen Reese.

6 THE CHAIRMAN: Where we left off,

7 if I am correct, you presented at our

8 last meeting. Given the length of time

9 between the last presentation and when it

10 left the board in the fall, we had asked

11 and the building department had asked the

12 applicant to re-notice for tonight so

13 that the neighborhood would have notice

14 of this hearing. You presented. We left

15 the public hearing open and we're back

16 again tonight.

17 MR. SALERNO: That's correct.

18 THE CHAIRMAN: Do you have anything

19 to add from to your presentation at this

20 point?

21 MR. SALERNO: No, I don't, Mr.

22 Chairman.

23 THE CHAIRMAN: If there is anything

24 from the public, we'll give you the last

25 word.