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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 9/7/04 <br /> <br />Present: Lloyd Frink, Chairman, Susan Ruder, Vice Chair, Newell Russell, David <br />Crawford, George Dansereau and Mary Ann Loncto, Secretary <br /> <br />Others Present; <br /> Trustee Enson <br /> Rudy Tomlins <br /> Armand Alfonso <br /> Heather McCormick <br /> Fred DiBerto <br /> Tracy Blakey <br /> Robert Morris <br /> Mike Witkowski <br /> Yvette Walton <br /> Mishaal Ali <br /> Darlene Smith <br /> Mary Ross <br /> George Kolb <br /> Scott Greer, Esq. <br /> <br />Mayor Lawrence <br />Barbara Tomlins <br />Rob Alfonso <br />Don MCCormick <br />Carole DiBerto <br />Gerald Blakey <br />Michal Kocan <br />Dawna Jean Chase <br />Mark Liebermann <br />Russell Schlinder, Esq. <br />Pat Balash <br />Rich Travis <br />Al Lattimore <br /> <br />Meeting was called to order at 7:30 p.m. Clerk took attendance. All members present. <br />It was noted that Special Counsel to the ZBA Greet was also present. <br /> <br />Mr. Frink stated for the record that there were a few procedural items that need to be <br />announced before we get into the meeting. Supboe~ms have been issued to Mishaal Ali, <br />George Kolb and Mike Witkowski. All subpoenas were exactly the same. Mr. Frink <br />read the subpoena. (Copy of subpoena is on file in the Zoning/Planning offices). Mr. <br />Frink went on to state that the Tomlins matter had been referred to the Planning Board for <br />their comment and Mr. Morris (Chairman of the Planning Board) responded by memo <br />dated August 26, 2004 (Copy of said memo on file in the Planning/Zoning offices). The <br />appeal also has been sent to the Dutchess County Dept. of Planning and they responded <br />to the zoning referral in a letter dated September 7, 2004 (copy on file in the <br />Planning/Zoning offices). The Board had one matter before it - to determine Section <br />151-10(H) in the Village Code Section 151 Zoning. This goes back to what does Local <br />Law//3-97 say. He went on to state that he asked both the Village Clerk and Village <br />Attorney for a copy of LL//3-97 and neither party was able to produce said copy of Local <br />Law. The Dept. of State was contacted and they do have a copy on microfiche for <br />approximately $.50 per page - the Local Law is approximately 66 pages plus affidavits <br />associated with it. Mr. Frink and Ms. Ruder did not obtain the entire copy from the <br />Department of State but Mr. Frink stated he had in his possession a copy of Local Law <br />$3-97. The ZBA also asked Village Clerk to supply them a copy of the Village Board <br />minutes from February 1997 - Mr. Frink paraphrased the minutes - "...there was a <br />discussion on 15 [- 10(H) regarding building uses and lots and recommended this be <br />referred to Dutchess County Dept. of Planning for recommendation." This statement was <br />made by Mr. Hank DiMarco. Motion was made by Trustee Goebel, seconded by <br /> <br /> <br />