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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD 6/9/09 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Allen Firstenberg, Kristina Costa, Scott Davis and Lisa Cobb, Attorney Others Present: Paul Pilon Jay Van Benschoten Dana Van Benschoten Rod Toratella Rich Swanson Cathy Doyle Meeting was called to order at 7:30 p.m. Mr. Frink read a letter from Adam Lauricella of 2663 East Main Street thanking the Board for all of their work for his appeal. (Copy of letter is on file in the Planning/Zoning offices). Mr. Frink then stated that there was no request on file for this meeting for Mr. Nazmi Berisha of 21 S. Mesier Avenue - therefore there was no hearing. GREYSTONE PROGRAMS, INC., 24 DELAVERGNE AVENUE First on the agenda was the public hearing on the request of Greystone Programs, Inc. 24 Delavergne Avenue seeking a use variance from Section 151-20C(1) “Non-conforming use of buildings” to be able to increase their residents from 6 clients to 8 clients at their facility at 24 Delavergne Avenue - variance was originally granted on September 9, 2003 for a maximum of 6 clients. Mr. Rod Toratella, Ms. Cathy Doyle and Mr. Rich Swanson were there to present the case. Secretary stated she had the affidavit of publication from the May 30, 2009 edition of the Poughkeepsie Journal. Secretary stated she had copies of the legal notice mailings which were mailed on May 29, 2009. Applicant did not have the original copies of the mailings. Mr. Frink made a motion that the Board accept the submitted copies of the notice of mailings as proof of mailings. Motion was seconded by Mr. Firstenberg. Mr. Frink then asked Mr. Swanson if it was his testimony that he did in fact place in the US mail with the proper postage legal notices sent certified mail to the list of property owners provided by the Zoning Office. Mr. Swanson stated yes he did. On roll call vote - Mr. Furstenberg - Aye, Mr. Barresi - Aye, Mr. Davis - Aye, Ms. Costa - Aye and Mr. Frink - Aye. Ms. Doyle stated they have enjoyed a good relationship with the Village of Wappingers Falls since they moved in 16 years ago with 6 clients (4 of whom are in wheel chairs) - and are looking to expand by two people. They have adequate space. This has always been their intent and are now looking to fill the two bedrooms with people who are considered medically frail which is the same type of people who live there now. The clients are active in the community and she hopes some of the Board members have seen them throughout the Village. Mr. Frink asked if there was any intention on Greystone’s part to sell the property in the future and Ms. Doyle answered absolutely not. Mr. Frink then asked if Greystone sees this use variance as analogous to a residential use or do they see it differently and she answered to Greystone it is a Residential use. Mr. Frink then went on to say he remembered 5 years ago he recalled that the testimony was that the 6 residents would cover approximately 70% of the cost of the mortgage - they attempted to sell the building as it was - they could not find a suitable buyer - and another facility that they operated they received MINUTES OF ZBA MEETING -2- 6/9/09