Minutes - Board
Meeting – 02/10/10
Minutes of the meeting of the Board of Trustees of the Incorporated Village of Mineola held Wednesday, February 10, 2010 at Village Hall, 155 Washington Avenue, Mineola, New York 11501.
PRESENT: Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
ALSO PRESENT: Village Attorney, John M. Spellman
Village Clerk Joseph R. Scalero
Deputy Village Clerk Cora T. Kelly
Superintendent of Public Works Thomas J. Rini
Sunshine Observers: 18 Observers
Mayor Jack M. Martins called the Work Session to order at
6:40 PM.
Superintendent of Public Works Thomas J. Rini presented a special report on the ongoing blizzard conditions and the status of road plowing.
Resolution No.
28-10
Resolved to approve bills and payroll.
Motioned by Trustee Paul S. Cusato
Seconded by Trustee Paul A. Pereira
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 29-10
Resolved to approve the
Girl Scout Troop #1154 request for the use of a classroom on alternating
Wednesdays from 3:15 PM to 4:15 PM, for their bimonthly meetings:
March 10, 2010 & March 24, 2010
April 7, 2010 & April 21, 2010
May 5, 2010 & May 19, 2010
June 2, 2010 & June 16, 2010
Sept 22, 2010
October 6, 2010 & October 20, 2010
November 10, 2010 & November 24, 2010
December 15, 2010
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Paul S. Cusato
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 30-10
Resolved to approve a request
by the Mineola Fire Department for a budget transfer in the amount of $1,980.52
from the following lines:
From: Annual Installation and Inspection
To : New Chief’s Car
Motioned by Trustee Thomas F. Kennedy
Seconded by Trustee Lawrence A. Werther
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Mayor Jack M. Martins announced the cancellation of the February 17, 2010 Board Meeting due to Ash Wednesday and President’s Day holiday week and stated that the next Board Meeting will be the first Wednesday in March 2010.
[Mayor Jack M.
Martins announced that his family members had recently purchased the property
where the applicant is seeking the Special Use Permit and recused himself from
all deliberations to avoid any potential conflict of interest.]
Resolution
No. 31-10
Resolved to approve the Special Use Permit application of Manny Ferreira and Avelino Pinto known as 68-70 East Old Country Road.
BOARD OF TRUSTEES
INCORPORATED VILLAGE OF MINEOLA
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In the Matter of the Application of
MANNY FERREIRA and AVELINO PINTO
DECISION
For a Special Use Permit pursuant to Chapter 30,
Section 30.31(B) of the Code of the Incorporated
Village of Mineola, at premises known as 68-70
East Old Country Road, Mineola, New York,
known and designated on the Nassau County
Land and Tax Map as Section 9, Block 298, Lots
48 and 49.
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NAME OF APPLICANTS: Manny Ferreira and Avelino Pinto
SUBJECT PROPERTY: Section 9, Block 298, Lots 48 and 49
STREET LOCATION: 68-70 East Old Country Road
Mineola, New York 11501
ZONING DISTRICT: Business "B-1" District
RELIEF REQUESTED: Application For a Special Use Permit pursuant to Chapter 30, Section 30.31(B) for restaurant use
PUBLICATION & POSTING: All in accordance with applicable laws, rules and regulations.
DATE OF HEARING: January 13, 2010
APPEARANCES: Marco Silva, Esq., Applicants' Attorney
Paul Barroca, Applicants' Engineer
DECISION:
Manny
Ferreira and Avelino Pinto (hereinafter, “Applicants”) are before this Board
pursuant to Chapter 30, Section 30.31 of the Municipal Code of the Incorporated
Village of Mineola for a special use permit to re-establish a pre-existing
bar/restaurant upon the property known as 68-70 East Old Country Road, Mineola,
New York (known and designated on the Nassau County Land and Tax Map as Section
9, Block 298, Lots 48 and 49) (hereinafter, the “Property”).
By Notice of Disapproval, dated December 10, 2009, Applicants' building permit was denied. The Building Inspector determined that the proposed application is contrary to the Village’s zoning regulations in that the Special Permit for the prior restaurant at the site had expired due to abandonment and that the re-establishment of a restaurant use upon the Property requires a special use permit. Applicants were thus required to seek relief before the Board of Trustees for a special use permit.
A review of Applicants’ application which was sworn to by Applicants on December 14, 2009, as submitted to this Board, indicates that the application is to re-establish the pre-existing bar/restaurant use upon the Property.
A referral of the application was made to the Nassau County Planning Commission. The Nassau County Planning Commission has recommended that this Board take whatever action it deems appropriate. Based upon the evidence adduced at the public hearing, and the documentation submitted to the Board in support of the application, the Board makes the following findings of fact:
1) Applicants are seeking a special use permit to re-establish a pre-existing bar/restaurant use upon the property known as 68-70 East Old Country Road;
2) The proposed use, subject to the conditions imposed by this Board, will provide a desirable service and convenience to the Village;
3) Applicants will provide adequate parking to accommodate patrons of the proposed restaurant.
Based upon the above findings, it is hereby determined that the proposed restaurant use, subject to the conditions stated below, is harmonious to the “B-1” District, will conform to the general character of the neighborhood and that the public health, morals, safety and general welfare of such neighborhood will be secured by the granting of the requested Special Use Permit. Further, it is hereby determined that the Special Use Permit will provide a desirable facility to the area and will not be incongruous to the neighborhood by reason of excessive traffic.
IT IS THEREFORE RESOLVED, that the Special Use Permit is GRANTED subject to the following conditions:
1) All putrescible waste shall be refrigerated indoors until pick-up;
2) No garbage or refuse shall be kept or stored at the rear of the premises;
3) All deliveries and garbage pickups shall take place through the front door;
4) All lighting shall be designed such that it shall shine upon the premises only and shall not be directed towards any neighboring residences;
5) There shall be no amplified live music at the restaurant;
6) Applicants shall provide valet parking on weekends (Friday night and Saturday night) and during all special events;
7) The rear doors of the restaurant must remain closed during business hours;
8) Applicants will use their best efforts to encourage all patrons to refrain from parking on residential side streets in the neighborhood;
9) Each of these conditions is material to the approval granted by the Board of Trustees. Violations of any of them shall subject the applicants or their successors to enforcement pursuant to the Village’s Municipal Code, including possible revocation of this special permit;
10) The representations made by Applicants on the record in this proceeding have been deemed material to this application and have been relied upon by the Board of Trustees in its deliberations and decisions. Said representations are deemed to be part of the conditions of this special permit; and
11) Violation of a condition set forth in this decision shall be deemed a violation of the Village Zoning Law and shall subject the owner or occupant of the premises to all penalties set forth in the Zoning Law.
Dated: Mineola, New York
February 16, 2010
Motioned by Trustee Paul A. Pereira
Seconded by Trustee Paul S. Cusato
Village Clerk Joseph R. Scalero polled the Board:
Vote:
Yes No Abstain
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Paul S. Cusato
Deputy Mayor Lawrence A. Werther
Deputy Mayor Lawrence A. Werther requested a motion to close the Work Session at 7:10 PM.
Motioned by Trustee Thomas F. Kennedy
Seconded by Trustee Paul S. Cusato
Vote:
Yes No Abstain
Deputy Mayor Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira