Minutes - Board
Meeting 06/04/08
Minutes of the meeting of the Board of Trustees of
the Incorporated Village of Mineola held Wednesday, June 4, 2008 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
Spellman
Village Clerk Joseph
R. Scalero
Village Treasurer
Giacomo A. Ciccone
Superintendent of
Buildings Daniel B. Whalen
Superintendent of
Public Works Thomas J. Rini
Sunshine Observers: Approximately 10 Observers
Press: Joe Rizza, Mineola
American
Gary Simeone, Williston Times
Mayor Martins called the Work Session to order at 6:55
pm.
Resolution No. 118-08
Resolved to approve bills and
payroll.
Motioned by Trustee Paul S.
Cusato
Seconded by Lawrence A.
Werther
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 119-08
Resolved to accept the Minutes
of the Board of Trustees for January 2008 – April 2008, as amended.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Thomas F.
Kennedy
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 120A-08
Resolved to approve Rodger
O’Gara, Company No. 1, as a member of the Mineola Fire Department, as approved
by the Fire Council.
Motioned by Trustee Paul S.
Cusato
Seconded by Trustee Thomas F.
Kennedy
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 120B-08
Resolved to approve Thomas
McKeon, Company No. 2, as a member of the Mineola Fire Department, as approved
by the Fire Council.
Motioned by Trustee Paul S.
Cusato
Seconded by Trustee Paul A.
Pereira
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Mineola Fire Department Chief
Scott Holliday presented a report of the Department’s activities for the month
of May 2008
Resolution No. 121-08
Resolved to authorize the
following banks to be designated as additional depositories for deposits of all
monies received by the Treasurer of the Village of Mineola.
HSBC Bank USA, National Association Mineola Branch
Flushing Commercial Bank New
Hyde Park Branch
Motioned by Trustee Paul S.
Cusato
Seconded by Trustee Thomas F.
Kennedy
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Superintendent of Public
Works presented a report on the Department’s activities.
Mayor Jack M. Martins requested a motion to go into
Executive Session at 7:32 pm.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Paul S.
Cusato
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Mayor Jack M. Martins requested a motion to come out
of Executive Session at 7:38pm.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Thomas F.
Kennedy
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution
No. 122A-08
Resolved to accept the
resignation of employee Danny Martins and authorize the payment of unused
accumulated benefit time in accordance with the collective bargaining
agreement.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Paul S.
Cusato
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 122B-08
Resolved to authorize the
Superintendent of Public Works to post for the position of Parking Enforcement
Officer.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Paul A.
Pereira
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 123-08
Resolved to grant a 90-day
extension for Residential Building Permit No. 0148 at 264 Rudolph Road.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Paul A.
Pereira
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 124-08
Resolved to accept a grant application
under the Nassau County Environmental Fund.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Paul S.
Cusato
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolution No. 125-08
Resolved to approve 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 236 Willis Avenue,
Mineola, New York, known and designated on the Nassau County Land and Tax Map
as Section 9, Block 453, Lots 327-330 and 369-370.
NAME OF APPLICANT: First
Korean Church of New York
SUBJECT PROPERTY: Section
9, Block 453, Lots 327-330 and 369-370
STREET LOCATION: 236
Willis Avenue
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) to maintain a
church
PUBLICATION & POSTING: All in accordance with applicable laws, rules and
regulations.
DATE OF HEARINGS: August
8, 2007 and December 10, 2007
APPEARANCES: Thomas
Pantelis, Esq., Applicant’s Attorney
Robert
Eschbacher, Applicant’s Professional Engineer, Eschbacher & VHB
DECISION:
First Korean Church of New York
(hereinafter, “Applicant”) is 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 maintain a church at the property known as 236 Willis
Avenue, Mineola, New York (known and designated on the Nassau County Land and
Tax Map as Section 9, Block 453, Lots 327-330 and 369-370) (hereinafter, the
“Property”).
By
Notice of Disapproval, dated January 26, 2007, Applicant was advised that a
special use permit was needed to operate a church at the property. The Building Inspector determined that,
pursuant to Village Code §30.31.(B)(5), a church may be maintained in the B-1
Zoning District only when authorized by the Board of Trustees as a special use
after a public hearing. As a result, Applicant sought relief before the Board
of Trustees for a special use permit.
A
review of Applicant’s application, sworn to on April 25, 2007, as submitted to
this Board, states that the Applicant intends to use the existing building on
the property for “Church services and Church-related activities”. Accompanying its special use permit
application, the Applicant has submitted a lease agreement, dated February 26,
2002, between the Mineola Order of Odd Fellows, Applicant’s predecessor in
title, and the Mineola Union Free School District, which provides, among other
things, that the Mineola School District has the exclusive right to occupy
twenty-five (25) of the thirty-two (32) parking spaces in the parking area at
the Property for a ten (10) year period from July 1, 2003 to June 30, 2013 (the
“Lease”). The Lease further provides the
Mineola School District with an option to extend the Lease for an additional
ten (10) year period. The Lease provides
that the twenty-five (25) parking spaces are available for the School
District’s sole use Monday through Friday between the hours of 7:00 a.m. and
5:00 p.m., excluding public holidays.
Public
hearings on the application were held before the Board of Trustees on August 8,
2007 and December 19, 2007. During the
public hearings, the following representations were made by Applicant:
There is an existing parking area which is owned by
the Church and part of the property. That parking area has 32 parking spaces.
* * * *
There are approximately fifty (50) member families on
the membership rolls of the Church.
* * * *
Church services are held on Sunday mornings from 11:00
a.m. to 12 noon and then from 12 noon to 1:00 p.m. On Wednesdays and Fridays, prayer services are
held from 7:00 p.m. to 8:00 p.m.
* * * *
The Church has no intention of renting the facility to
any outside group.
* * * *
The Church offered as a condition in the special use
permit that the Church would not utilize the Property for any purpose
whatsoever during periods when the parking is occupied by the School District.
* * * *
The Church has no intention of cooking or preparing
food on the premises.
* * * *
The Church would accept as a condition of the special
use permit to limit the total occupancy of the Property to no more than one
hundred (100) persons.
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 use permit to maintain a church at the property known as 236
Willis Avenue;
2)
Pursuant to
Village Code §30.31(B)(5),a church use may be maintained in the B-1 Zoning
District when authorized by the Board of Trustees as a special use;
3)
The applicant has
assumed the lease entered into by the Mineola Order of Odd Fellows and the
Mineola Union Free School District on February 26, 2002;
4)
The lease is for
a term of ten (10) years with an option to extend the lease for an additional
ten (10) year period;
5)
Pursuant to the
lease, the Mineola Union Free School District has use of 25 parking spaces at
the parking lot adjacent to 236 Willis Avenue;
6)
The Mineola Union
Free School District has access to the parking spaces from Monday to Friday
between the hours of 7 AM and 5 PM, excluding public holidays;
7)
The Applicant
purchased the property on October 18, 2006;
8)
The Church has
approximately fifty (50) member families on the membership rolls;
9)
The Church’s
services are held on Sunday from 11:00am to 12 noon and 12 noon to 1:00pm. Wednesday and Friday evening prayer services
are held from 7:00pm to 8:00pm.
10)
The Applicant has
no plans to alter the exterior of the building or to make any additions to
increase the size of the building;
11)
The Applicant has
no intention of renting the facility to any outside group;
12)
The Applicant is
agreeable to limiting the total occupancy of the building to no more than one
hundred (100) persons;
13)
The Applicant
will not utilize the premises while the Mineola Union Free School District has
access to the leased parking lot;
14)
The subject
property will provide adequate parking (32 spaces) to accommodate the proposed
church during permitted hours of operation and subject to the occupancy limit;
and
15)
Although members
of the public raised questions regarding the validity of the Church during the
public hearings, the Board has assumed the validity of the Church and, as such,
accommodations have been made to the Church based upon this assumption and
pursuant to law.
Based
upon the above findings, it is hereby determined that the proposed use, subject
to the ongoing and continuous conditions stated below, which will be recorded
with the deed for the property as Covenants and Restrictions and filed with the
Nassau County Clerk, is appropriate.
IT IS THEREFORE RESOLVED, that the
Special Use Permit is GRANTED
subject to the following conditions:
1)
The Applicant
will limit the total occupancy of the Property to no more than one hundred
(100) persons;
2)
The Applicant
will not utilize the property for any purpose whatsoever during periods when
the parking lot is occupied by the School District (Monday through Friday
between the hours of 7:00am and 5:00pm, excluding public holidays);
3)
The Applicant
will not rent the property to outside groups for any non-church service or
non-church related activities;
4)
The Applicant
will not prepare or cook food upon the premises;
5)
Each of these
conditions is material to the approval granted by the Board of Trustees.
Violations of any of the conditions shall subject the applicant or its
successors to enforcement proceedings pursuant to the Village’s Municipal Code,
including possible revocation of this special use permit;
6)
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;
7)
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;
8)
Applicant shall
acknowledge that the conditions set forth in this decision are reasonable, fair
and equitable. In the event that any legal action or proceeding shall be
instituted by the Village in order to enforce any condition herein, the Village
shall be entitled to an award of attorney’s fees in the event that it shall
prevail in any such action or proceeding; and
9)
The Applicant
shall prepare Covenants and Restrictions in recordable form and acceptable to
the Village Attorney incorporating these conditions.
Motioned by Trustee Paul S.
Cusato
Seconded by Trustee Lawrence
A. Werther
Vote:
Yes No Abstain
Trustee
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Village Attorney John M.
Spellman announced that the Village of Mineola Fence Committee had completed
its report and made recommendations for Building Code revisions regarding
fences. He noted that copies have been
distributed to the Village Board for review.
Mayor Jack M. Martins thanked
the members of the Fence Committee for volunteering their time in service of
their fellow residents and requested that the Board not take action on the
report until input was received from the Village’s planning consultant, John
Shapiro, as early as the Board’s July 2, 2008 meeting.
Mayor
Martins requested a motion to close the Work Session at 7:40pm.
Motioned by Trustee Paul S.
Cusato
Seconded by Trustee Lawrence
A. Werther
Vote:
Yes No Absent
Trustee Paul A. Pereira
Trustee Thomas F. Kennedy
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Mayor Martins opened the Public Meeting at 7:40 pm.
Mayor Martins reported on the
Blood Drive at Village Hall sponsored by the Mineola Fire Department that took
place June 4 and congratulated the Fire Department officers who were installed
this week. Mayor Martins also thanked
the Veterans of Foreign Wars and American Legion Posts for conducting the
Annual Memorial Day Parade. Mayor Martins
announced the opening of the John S. DaVanzo Pool would be June 14 and reported
on the success of Jack’s Run for Autism Awareness held June 7. Mayor Martins also reported that he took part
in awards ceremonies at Mineola High School and Mineola Middle School.
Trustee Lawrence Werther
congratulated Mayor Martins and the Martins family on the birth of their
daughter, Caroline Ann. Trustee Werther
reported on the annual inspection of the Mineola Fire Department prior to the
Memorial Day Parade and the Boy Scouts Pancake Breakfast. Trustee Werther announced that the next meeting
of the Mineola Chamber of Commerce would be June 17 with Nassau County District
Attorney Kathleen Rice scheduled to be the featured speaker.
Trustee
Trustee Thomas Kennedy
reported on the Memorial Day Parade, the Fire Department Inspection, and
welcomed home firefighter John Fucci from Basic Training.
Trustee Paul Pereira reported
on the Mineola Fire Department Inspection and the success of the veterans’
video tribute that aired on Mineola TV on Memorial Day.
Nine speakers addressed the
Board.
Mayor Martins requested a motion to close the meeting
at 10:00 pm.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Paul
Pereira
Vote:
Yes No Absent
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee