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MINUTES OF ZONING BOARDOF APPEALS MEETING HELD 10/12/05 Present: Lloyd Frink, Chairman, Frank Barresi, Scott Davis, Newell Russell, George Dansereau and Allen Firstenberg (Alternate), Village Attorney Viglotti Others Present: Nellie Zhinin Pat Restivo Craig O'Donnel Barry Feinman Jose Zhinin Chris Marsullo Nonna Zoro Joe Indovino Meeting was called to order at 7:30 p.m. Clerk took roll - all present. Mr. Frink started the meeting stating that Ms, Ruder had tendered her resignation effective September 11, 2005 - therefore Mr. Barresi will become a full member of the Board. Mr. Frink then introduced and welcomed Mr. Allen Firstenberg as the new alternate and stated he would continue to look to Mr. Barresi for continued support. Next Mr. Frink made a copy for all members of the Dutehess County Planning Federation's Annual Courses - Session II and Session III which will be held on October 20th and October 26th respectively. He encouraged all Board members to attend - and stated the Village reimburses expenses incurred for same. JOSE ZHININ~ 2553 SOUTH AVENUE First on the agenda was the application of Jose Zhinin seeking a use variance to be able to operate a part time taxi business from his home - it will only involve one vehicle, only sign involved will be on vehicle and he will be picking up passengers after receiving a phone call. This is not an allowed use in a R7.5 zone. Mr. Frink asked applicant to submit his affidavit of publication in the newspaper and notices of mailings to property owners within 200 ft. Applicant did not have an affidavit of publication from the newspaper - but did have a dated copy of newspaper - notice of publication was printed in the September 28, 2005 edition of Southern Dutchess News - 7th column - in legal notice section. Mr. Frink went on to ask Mr. Viglotti with his consent can he consider this to be an accurate publication - does it constitute an affidavit of publication. Mr. Viglotti stated as long as the copy is dated - it does. Therefore Mr. Frink made a motion that the dated September 28, 2005 edition of the Southern Dutehess News does indeed show positive proof of publication. Mr. Davis seconded the motion. Unanimously carded. At this point Mr. Frink asked the applicant to present his case. There was a bit of a language barrier - Mr. Zhinin had his daughter to help him interpret the Board's questions and information. To make it easier for applicant - Mr. Frink asked applicant if the type of business (taxi service) which he wanted to start was needed to pay tax and winter fuel bills and applicant answered yes it was - Mr. Frink went on to state that the documents applicant submitted stated he was the owner of the premises -is lfis correct