Minutes – Board Meeting
Budget Work Session
03/25/09
Minutes of the meeting of the Board of Trustees of
the Incorporated Village of Mineola
held Wednesday March 25,2009 at Village Hall,
PRESENT:
Trustee
Trustee
Trustee
Trustee
ALSO PRESENT:
Village Attorney
Village Clerk
Deputy Village Clerk
Village
Superintendent of Public Works
Water Department
Supervisor
Sunshine Observers: 10 Observers
Mayor Martins called the Budget Work Session to order at
6:45 PM.
Resolution
No. 68-09
Resolved to approve bills and
payroll.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 69-09
Resolved to approve a Special
Use Permit Application of KIMCO Mineola, LLC.
BOARD
OF TRUSTEES
INCORPORATED
---------------------------------------X
In
the Matter of the Application of
KIMCO
For
a Special Permit pursuant to Chapter 30, Section 30.31(B) of the Code of the
Incorporated Village of Mineola, at premises known as 330 East Jericho
Turnpike, Mineola, New York, known and designated on the Nassau County Land and
Tax Map as Section 9, Block 381, Lot 44.
DECISION
---------------------------------------X
NAME OF APPLICANT: KIMCO
SUBJECT PROPERTY: Section
9, Block 381,
STREET LOCATION: 330
ZONING DISTRICT: ‘B-1’
District
RELIEF REQUESTED: Application For a
Special Use Permit pursuant to Section 30.31(B) of the Village Code for the
sale of food upon the property
PUBLICATION & POSTING: All in accordance with applicable laws, rules and
regulations.
DATE OF HEARING: March 11, 2009
APPEARANCES:
DECISION:
KIMCO Mineola, LLC (hereinafter,
“Applicant”) is before this Board pursuant to Chapter 30, Section 30.31(B) of
the Municipal Code of the Incorporated Village of Mineola (the “Code”) for a
special permit for the conversion of CVS into a new market for the sale of food
upon the property known as 330 East Jericho Turnpike, Mineola, New York (known
and designated on the Nassau County Land and Tax Map as Section 9, Block 381,
Lot 44) (hereinafter, the “Property”).
By
Notice of Disapproval, Applicant's building permit was denied. The Building Inspector determined that a
building may be erected, altered or used for any purpose set forth in
subsection 30.31(B) only when authorized by the Board of Trustees. Therefore,
applicant was required to seek a new special use permit from the Board of
Trustees. As a result, Applicant applied
to the Board of Trustees for a special use permit.
During
the public hearing, the Applicant made representations concerning hours of
operation, deliveries to the site, refuse disposal, employee parking, site
lighting and property maintenance that were relied on by the Board of Trustees.
A referral of the application was
made to the Nassau County Planning Commission on March 19, 2009. 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)
The Applicant is
seeking a special permit for the conversion of a CVS into a market for the sale
of food upon the property known as 330 East Jericho Turnpike, Mineola, New
York;
2)
The property is
located within the ‘B-1’ Business District; and
3)
The Board finds
that the proposed use is of such character, size, location, design and site
layout as to be appropriate to and in harmony with the surrounding properties.
Based
upon the above findings, it is hereby determined that the proposed 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. IT IS THEREFORE RESOLVED, that
the Special Use Permit is GRANTED subject to the following conditions:
1)
The premises shall
be maintained in a clean condition at all times;
2)
Hours of
operation will be as represented by the applicant and recorded for in the
hearing transcript;
3)
Deliveries shall
occur during off-peak hours. No deliveries shall occur between the hours of
8:00 p.m. and 7:00 a.m.;
4)
Applicant shall
cause all refuse to be removed from the premises by a private carter at
Applicant’s expense. All refuse shall be
stored indoors until pick-up and all putrescible waste shall be refrigerated
until pick-up. No dumpster or compactor
shall be permitted at the site;
5)
Applicant will
provide a designated area for employee parking;
6)
All necessary
venting of the premises shall be installed in such a manner as to be directed
toward Jericho Turnpike;
7)
All lighting
shall be designed such that it shall shine upon the premises only and shall not
be directed towards any neighboring residences;
8)
The Village shall
maintain jurisdiction over the site. In
the event that Applicant requires a modification of this special permit, the
Applicant shall make further application before the Board of Trustees for an
amendment of this approval or the Board of Trustees shall direct such
modification;
9)
Each of these
conditions is material to the approval granted by the Board of Trustees.
Violations of any of them shall subject the Applicant or it successors to
enforcement pursuant to the Village’s Municipal Code, including possible
revocation of this special permit;
10)
The
representations made by Applicant 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:
March
__, 2009
Filed
in the Office of the Village Clerk
on
the ____ day of March, 2009
Motioned by Trustee
Seconded by Trustee
Village Clerk Joseph R.
Scalero polled the Board:
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 70-09
Resolved to declare lead
agency status pursuant to the New York State Environmental Quality Review Act
with respect to the application for
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee Paul A. Pereira
Resolution No. 70-A-09
Resolved
to set May 20, 2009 as a Public Hearing date to consider the application for
250 Old
Country
Road, LLC.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 71-09
Resolved to amend Resolution
No. 37-09, of February 11, 2009, to increase funding for the upgrading of
Handicap Accessibility to the
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Village Treasurer,
Superintendent of Public
Works Thomas J. Rini presented the Department of Public Works Fiscal Year
2009/2010 departmental budget request.
Water Department Supervisor
Village Clerk,
Mayor Martins requested a
motion to close the Budget Work Session at 8:10 PM.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee