2005-02-08 - Laserfiche WebLink

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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 2/8/05 Present: Lloyd Frink, Chairman, Susan Ruder, Vice Chairman, Newell Russell, Dave Crawford, George Dansereau and Mary Ann Loncto, Secretary Others Present: Douglas Frye Carmine Carolei Village Attorney Viglotti Cai Lawrence Joseph lndovino KevinBruRing Meeting was called to order at 7:30 p.m. Clerk took roll call - all present. Mr. Frink started the meeting by stating that the Board is in receipt of copies of letters from Ms. Tracy Blakey which were addressed to the Code Enforcement Officer and he is aware of them. DOUG FRYE, D/B/A THE ANCHOR PUB~ 2557 SOUTH AVENUE First on the agenda was the public hearing on the request of Mr. Douglas Frye, d/b/a The Anchor Pub, 2557 South Avenue seeking a variance from the offstreet parking regulations as outlined in Section 151-19 of the Zoning Ordinance. Before the public hearing was opened - Mr. Ffink had a question of how jurisdiction of this matter was conferred to the ZBA - after consultation with the Village Attorney Mr. Frink stated he is relatively confident (not 100% confident) that the ZBA does have jurisdiction to hear the case. The reason he asked the question - where is previously existing decision that has been reviewed and information provided is that the applicant has previously appeared before the Planning Board and the Village Board and was directed to appear before the ZBA. Mr. Fdnk is still a bit leery because there is nothing in writing that says a request was made and denied - but through Village Counsel he feels it is alright to go ahead and open the heating. Mr. Viglotti stated that the particular statute in question calls for the parking to be supplied by an adjoining lot provided there was an instrument filed to the satisfaction of the Village Attorney. There was a lot across the street that was vacant and was utilized for purposes of parking. At the time the lot was in common ownership but since then ownership has changed - therefore changing parking requirements. At this point Mr. Dansereau made a motion to open the public hearing, seconded by MR. Crawford - On roll call vote - Ms. Ruder - Aye, Mr. Frink - Abstain, Mr. Russell - Nay, Mr. Crawford - Aye and Mr. Dansereau - Aye. Motion carries 3-2. At this point applicant submitted his notice of publication and notices of mailings. Mr. Frink stated parking for the pub occurs at both 2557 South Avenue and the lot on Franklindale Avenue: At this point there is a contract of sale for the lot and applicant will lose his parking in that lot. Mr. Frink asked applicant to describe where the parking will now occur. Applicant presented a sketch of where proposed parking could be found. Mr. Carolei stated that applicant is losing approximately 11 parking spaces. According to the regulations - it states that Mr. Frye's type of business needs to show off street parking and that is what he is appealing from. It was stated that in order to run his business he