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MINUTES OF PLANNING BOARD -2- 9/7/07 show changes discussed this evening. Motion was seconded by Mr. Moran. On roll call vote – Mr. Moran – Aye, Mr. Kolb – Aye, Mr. McCormick – Aye, Ms. Firstenberg – Aye and Mr. Morris – Nay. 2696 WEST MAIN STREET Proposal was pulled from the agenda per the applicants. QUIZNOS, LAFAYETTE PLAZA, ROUTE 9 No one was present for the meeting. WAPPINGERS AUTO SALES, MARSHALL ROAD Next on the agenda was the change of ownership for Wappingers Auto Sales, Marshall Road. Mr. Kamal Diogun was the applicant. Mr. Morris asked if he was planning on changing anything with the business and he answered no he was not. The only thing he would like to do was put a bathroom on premises. Mr. Kolb stated he does not believe there is sewer there and septic is not allowed in the Village. Applicant should check with either the Code Enforcement Officer or the Highway Supt. To find out about the sewer. Applicant stated he would be having the same operating hours as the previous tenant. Mr. Kolb asked applicant if he was aware that there is a limit on the number of vehicles he was allowed and he answered yes he was. Mr. Morris stated the list of requirements for the Certificate of Occupancy are as follows: (1) no more than 15 vehicles allowed on site, (2) No vehicles on site without being able to turn a key to start and (3) no outside storage of vehicle parts and (4) no mechanical work allowed on site. Mr. McCormick made a motion to approve the change of ownership with all above restrictions, seconded by Mr. Kolb. Unanimously carried. ARNOLD AND PAT RESTIVO FOR ROCKHILL CONDOS RE: BOSTWICK PROJECT Next on the agenda was permission from Pat Restivo to take with the Board about the Bostwick project. Arnold Restivo represented his wife and stated he is also on the Condo Board. Mr. Kolb stated before we start, with all due respect to Mr. Restivo, he was wondering why he was at the Planning Board since the current Bostwick site plan is in compliance. Mr. McCormick agrees this is a matter for Legal Counsel or the Village Board and he also does not think the Planning Board should talk about it as long as the site plan is in compliance it is a done issue with the Planning Board. Mr. Restivo stated it seems like the position of the Board is he is in compliance even though he is encroaching onto Rockhill's property. Mr. Kolb again state that is an assumption on Mr. Restivo's part and based on documentation that the Planning Board has and certification from the Code Enforcement Officer the site is in compliance. At this point Mr. Restivo asked if the Planning Board had an “as built” survey and Mr. Kolb answered – again what he was saying is that if the Code Enforcement Officer certifies that the site is in compliance then the Planning Board has no issues. Mr. Restivo then stated he made a FOIL request more than 30 days ago and he has not heard anything yet – Mr. Morris stated he had a copy of a letter dated August 6, 2007 addressed to Mrs. Pat Restivo from the Village Attorney that states he has received the FOIL request and will get back to her in a short period of time. Mr. Restivo stated he had not seen that letter and asked for a copy of it and Mr. Morris informed him he could come into the office during normal business hours to pick one up. At this point Mr. Kolb made a motion to pull this item off the agenda and informed Mr. Restivo to take his complaints up with whatever authorities he feels should be handling this situation – Mr. McCormick seconded the motion. Unanimously carried. LUKE CAMAJ, 2696 WEST MAIN STREET Next on the agenda was the discussion with Luke Camaj to be able to paint his building at 2686 West