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M1NUTES OF ZONING BOARD OF APPEALS MEETING HELD 10/12/04 Present: Lloyd Frink Chairman, Susan Ruder, Vice Chair, Newell Russell, Dave Crawford, George Dansereau and Mary Ann Loncto, Secretary Others Present: Scott Greer, Esq. Jori Adams, Esq. Calvin Lawrence Jeffrey Smith Tracy Blakey Dawna Chase Armand Alfonso Don McCormick Anna Tomlins Russell Schlinder, Esq. Trustee Enson Hugo Von Burg Bob Morris Gerald Blakey Yvette Walton Rob Alfonso Rudy Tomlins Barbara Tomlins Mee~,~ ~,,~ v,~i',~d ~v ,~der at 7:30 p.m. Clerk took roll call - all members including Attorney Greet were present. It was stated that the Presbyterian Church who was first on the agenda withdrew their application and would document this to the Clerk. BOB AND JUDY MORRIS AND TRACY BLAKEy RE: 16 WEST STREEI Continuatioa ora public hearing on the request of Bob and Judy Morris and Tracy Blakey seeking an interpretation as aggrieved persons. Mr. Frink: Last month - I asked Mr. Schlinder and Mr. Adams to submit to the Board short legal briefs matters of laws - and proposed findings of fact and conclusions. I have received them both and I thank both of you very much for that. I think they will be instrumental. Before we proceed is there any member of the public who would like to speak either in behalf of the application or against the application or has any comments - Mr. Morris. Mr. Morris - I believe you have been previously sworn in so remember you are under oath Mr. Morris: I thank you for the opportunity to be heard. I just want to make some clarifying points regarding certain things that were mentioned several months ago The first thing is that Barbara Tomlins stated that at no time was there work being done while there were children present I present to the Board a couple of letters that were written to Child Protective Services and to the Department of Health regarding work being done while children present. There is also a picture of the work being done. A letter regarding the Cease and Desist order was submitted. There is a letter from Jori Adams When we first filed to be heard - a letter was given to the ZBA and Zoning Enforcement Officer dated June 1 l, 2004 - To paraphrase this letter Mr. Adams asked that a stop work order be issued immediately to the Tomlins' because the appeal triggers a stay on all work being conducted. Ihis letter was dated June 11, 2004 and the stop work order was not issued at that time. On July 1 Mr. Witkowski - Building Inspector wrote a letter to Mrs.