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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD NOVEMBER 13, 2008 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Allen Firstenberg, Scott Davis, George Dansereau, Mary Ann Loncto, Secretary Others Present: Cindy Latino Cornelia Crist Donald Gioia Donald Trabucco Meeting was called to order at 7:30 p.m. Clerk took roll. All present. It was stated for the record that Counsel of Record was absent from the meeting. Mr. Frink stated that he and Planning Board Chair Morris had attended a court put on by Pace University last Friday – he gave the information to the Board – Pace University also offers certification class – Mr. Frink will order the materials – the Board can complete the materials but every Board member must complete the materials and achieve a passing score – once that is done the Board will be certified. He went on to stated that he and Mr. Morris will be petitioning the Board of Trustees to adopt a resolution which states that the Chairs and Co Chairs of each Board can determine the in service credits of Board members. It was also stated that Mr. Barresi and Mr. Dansereau attended a class in which they received 2 hours of in service credit. CINDY LATINO FOR FIRST PRESBYTERIAN CHURCH, 2658 SOUTH AVENUE First on the agenda was a public hearing on the request of Neighborhood Daycare Services, 11 Mill Street seeking a Special Use Permit to be able to use the First Presbyterian Church at 2658 South Avenue for an After School Program. Ms. Latino then submitted her affidavit of publication and proof of mailing legal notice. It was also stated that Dutchess County Dept. of Planning had responded to the zoning referral with a “matter of local concern” comment. Ms. Latino stated she is outgrowing her space at 11 Mill Street – she approached the Presbyterian Church and they were very open to Ms. Latino having her after school program there – the program would be run after school from 3:00 p.m. stth To 6:00 p.m. Every day – it would be fore children from 1 to 6 grades and would be open all day when there is no school and she may run a summer camp there – but she is not sure yet. She would be registered with the New York State Office of Children and Family Services which is the office that licenses her Day Care Center. She would be using the dining room area – as you come down the stairs off Elm Street it is to the left and she is registered for 30 children. At the present time she has 17 children that she would be moving over to the space. She also said that she would be using the space downstairs – but if she had to she could use the auditorium. Mr. Frink asked what the approximate size of the dining room is and she answered 41' x 33' – according to NYS you need 35 sq. ft. per children and her total space is 1,302 sq. ft. Mr. Frink asked what the entire space was and it was stated it is estimated to be approximately 5,000 sq. ft. Mr. Frink stated his reason for asking the question is the the Special Use permit is bounded by 30% of structure and he just wants to make sure that the Board meets the requirement. Mr. Frink asked Ms. Latino if she expected any problems with parking spaces, traffic flow or anything like that – Ms. Latino stated it is usually a 5 minute pick up time. Mr. Frink asked Ms. Latino how many employees she had and she answered she had 18 employees – there would be three employees on site – a site director and two assistants which conforms to the ratios of the state. It was stated that the Planning Board had informally heard this case – they had no objection – stating that parking was not a problem and that Ms. Latino would not be installing any new signs. Mr. Frink asked Ms. Latino to conform this statement and she did confirm it. At this point Mr. Frink swore Ms. Latino in. Mr. Frink asked Ms. Latino if the Presbyterian Church was aware that she was making this presentation and she stated yes they were – there is a letter on file stating this. Mr. Frink read the letter into the record (a copy is on file in the Planning/Zoning