Minutes - Board Meeting 08/13/08
Minutes of the meeting of the
Board of Trustees of the Incorporated Village of Mineola
held Wednesday, August 13,
2008 at Village Hall,
PRESENT:
Trustee
Trustee
Trustee
ALSO PRESENT:
Village Attorney
Village Clerk
Sunshine Observers: Approximately 31 Observers
Press:
A Public Hearing was held at 7:30 PM at the Village
Hall,
A PROPOSED LOCAL LAW AMENDING CHAPTER 30 OF THE MUNICIPAL
CODE OF THE INCORPORATED VILLAGE OF MINEOLA ENTITLED “ZONING”, SECTION 30.61
ENTITLED “FENCES AND BUFFERS”, SUBSECTION B.
ENTITLED “RESIDENTIAL DISTRICTS”, TO REDUCE SETBACK REQUIREMENTS FOR
FENCES WITHIN THE INCORPORATED
Mayor Martins requested a
motion to close the hearing and reserve decision.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
A Public Hearing was held at 7:30 PM at the Village
Hall,
APPLICATION OF WINTHROP UNIVERSITY HOSPITAL FOR A SPECIAL
PERMIT/DEVELOPMENT INCENTIVE BONUS, PURSUANT TO CHAPTER 30 OF THE CODE OF THE
INCORPORATED VILLAGE OF MINEOLA ENTITLED “ZONING”, SECTION 30.5 ENTITLED
“APPLICATION OF REGULATIONS”, SUBSECTION A ENTITLED “DEVELOPMENT INCENTIVE
BONUSES”, FOR A THREE (3) STORY ADDITION TO THE EXISTING PARKING FACILITY
LOCATED UPON 268 OLD COUNTRY ROAD, MINEOLA, NEW YORK, KNOWN AND DESIGNATED ON
THE NASSAU COUNTY LAND AND TAX MAP AS SECTION 9, BLOCK 433, LOT (S) 28A, 35A,
28B, 35B, 35-61.
Resolution
No. 213-08
Resolved that the application
Winthrop University Hospital Parking Garage Expansion/Development Incentive
Bonus be declared as an unlisted action under SEQRA with no significant
negative environmental impact.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Mayor Martins requested a
motion to close the hearing and reserve decision.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Mayor Martins announced that
the pending application of J.R.S. Architects would not be considered at this
meeting because the Zoning Board had not yet acted upon the application.
Resolution No. 214-08
Resolved to approve with
conditions the Application
for a Special Use Permit pursuant to Section 30.31(B) (5) of the Village Code for the installation of a taekwondo school.
NAME OF APPLICANT: 131
SUBJECT PROPERTY: Section 9, Block 450,
Lots 271-276
STREET LOCATION: 131
ZONING DISTRICT: B-1 District
RELIEF REQUESTED: Application For a Special
Use Permit pursuant to Section 30.31(B)(5) of the Village Code for the installation of a taekwondo school
PUBLICATION & POSTING: All
in accordance with applicable laws, rules and regulations.
DATE OF HEARING: July
9, 2008
APPEARANCES: Mauricio Duarte,
Architect
IN SUPPORT:
DECISION:
131 Jericho Associates, LLC (hereinafter,
“Applicant”) is before this Board pursuant to Chapter 30, Section 30.31(B)(5)
of the Municipal Code of the Incorporated Village of Mineola (the “Code”) for a
special permit for the installation of a taekwondo school upon the property
known as 131 Jericho Turnpike, Mineola, New York (known and designated on the Nassau
County Land and Tax Map as Section 9, Block 450, Lots 271-276) (hereinafter,
the “Property”).
By Notice of Disapproval, dated June 18, 2008, Applicant's building permit was denied. The Building Inspector determined that the
proposed application requires a special use permit from the Board of Trustees pursuant to
Chapter 30, Section 30.31(B)(5). As a
result, Applicant applied to the Board of Trustees for a special use permit.
During the public hearing, the following representations
were made by Applicant:
Applicant is proposing the
installation of a taekwondo school. It’s not a new school, but rather one that
is being relocated.
* * * *
There appears to be ample
parking at the site, at least 30 spaces. Most of the classes tend to be in the
evening.
* * * *
The building is 26 feet by 66
feet in depth. In order to maximize the space for exercise, the Applicant will
be demolishing the internal office.
* * * *
The building is fully
sprinkled.
* * * *
The classes are broken up
hourly (45 minutes, and 15 minutes turnover time between classes). Five classes
every day with 12 to 15 people in each class. The Applicant proposes to be open
Monday through Saturday and be closed on Sunday.
* * * *
Applicant is agreeable to not
having the public use the rear entrance since it is encroaching on a
residential area.
* * * *
Applicant will not host any
tournaments on site.
* * * *
Applicant will not be selling
or preparing any food on premises.
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:
The Applicant is seeking a
special permit for the installation of a taekwondo school upon the property
known as 131
The property is known and
designated on the
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:
The premises shall be
maintained in a clean condition at all times;
Patrons must use the front
entrance for drop off and pick up;
Only classes shall be
conducted on premises; no tournaments are to be held;
No food shall be sold on the
premises;
The Village shall maintain
jurisdiction over the site. In the event
that Applicant requires modification, 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;
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;
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
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.
Motioned by Trustee
Seconded by Trustee
Village Clerk
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Mayor Martins requested a motion to go into Executive
Session at 9:40 PM.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Mayor Martins requested a motion to come out of
Executive Session at 10:45 PM.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Mayor Martins requested a motion to close the meeting
at 10:47 PM.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee