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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 1/10/06 <br /> <br />Present: Lloyd Frink, Chaimmn, Frank Ban'esi, Vice Chairman, Scott Davis, Al/an <br />Firstenberg <br /> <br />Absent: George Dansereau <br /> <br />Others Present: <br /> Bib Kirstein <br /> Gary Borgia <br /> Jeff Smith <br /> Michael Novick <br /> <br />Joseph Indovino <br />Richard Barger <br />Theresa Novick <br /> <br />Meeting was called to order at 7:30 p.m. <br /> <br />JOSEPH INDOVINO~ 2554 SOUTH AVENUE <br />First on the agenda was a public hearing on the request of Mr. Joseph Indovino appealing <br />as an Aggrieved Person to grieve the Planning Board's decision on December 1, 2005 <br />giving Wappinger Properties, LLC, d/b/a/Valero Corporation, 2558 South Avenue <br />approval to erect a service station sign along the edge of the property - the approved sign <br />will conflict with Mr. Indovino's existing sign and will block vehicular traffic going <br />south on Route 9D from seeing Mr. Indovino's sign. <br /> <br />Applicant submitted legal notice publication and proof of mailings to the Clerk. Mr. <br />Frink stated he has concerns regarding this hearing - his main concern is if the ZBA has <br />jurisdiction to appeal a decision that has been made by the Planning Board. He stated he <br />will open the public hear/ng and immediately close it pending research by Counsel of <br />whether or not the ZBA has jurisdiction. In that manner he feels both parties rights are <br />preserved. <br /> <br />Attorney Viglotti stated he will have an answer to the Board in a week's time. Mr. <br />Viglotti reminded Board that cun~ntly there is a stay on construction of the sign until a <br />decision has been made. He further stated that the ZBA does not have the authority to <br />review site plan approvals - their responsibility is to grant and issue variances and review <br />Administration's orders. Up until approximately I0 y ears ago all sign approvals were <br />the responsibility of the Zoning Enforcement Officer and by statute is now the <br />responsibility of the Planning Board. <br /> <br />Mr. Frink made a motion to adjourn the heating until the question of law is answered. <br />Mr. Davis seconded the motion. On roll call vote - Mr. Frink - Aye, Mr. Davis - Aye, <br />Mr. Firstenberg - Aye, Mr. Ban'esi - Aye - and Mr. Dansereau - Absent. Again Mr. <br />Viglotti stated he will have a memo to the Board by this time next week. <br /> <br />FRANK NOVICK, 28 MARKET STREET <br /> <br /> <br />