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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 5/11/04 Present: Lloyd Frink, Chair, Newell Russell, Dave Crawford, George Dansereau, Lou Viglotti, Attorney and Mary Ann Loncto Ab sent Susan Ruder, Vice Chair Others Present: Mike Kocan Trustee Enson Gary Leonard Mike Witkowski Meeting was called to order at 7:30 p.m. Secretary took roll call - Member Ruder absent due to a family emergency. Chairman Frink stated there was a published agenda for the evening. I-Ie went on to state that the first item on the agenda (sign request for Planet Wings) was adjourned until the following month because applicant had a personal emergency which had just come up. For the record it was stated that the applicant had phoned the Zoning Office to inform the ZBA of this emergency. GARY LEONARD, 2684 WEST MAIN STREET First on the agenda was the continuation of a public hearing on the request of Mr. Gary Leonard, 41 Cloverbrook Drive, Cold Spring, NY seeking the following variances from Section 151-16(B) of the Zoning Ordinance - Area Variance to be able to have two undersized apartments (proposed are 735 sq. ~. and 720 sq. ft. and required is 750 sq. ft.) for the two storefronts at 2684 and 2686 West Main Street and a use variance to be able to have residential units on the first floor in a Central Business (CB) zone and a variance from Section 151-19 parking requirements. Mr. Leonard presented proof of his legal notice being published in the paper to the Board. When asked for proof of mailing to neighbors within the 200 ft. of subject property - he stated he did not do this because he knew nothing about it. It was pointed out to him that Ms. Ruder reminded him of this mailing at the last meeting. This statement is included in the text of the April 13, 2004 approved minutes. Therefore Mr. Frink along with the consent from Attorney Viglotti stated that the Public Hearing could not be opened because it was not properly noticed. It was further discussed that on the advice of counsel - the public hearing notice did not need to be republished in the newspaper. Mr. Frink asked if there were any comments from the audience and Mr. Kocan stated he felt that the Legal Notice should be republished in the newspaper in fairness to the community. Mr. Frink explained to the applicant that this notice must be sent to the list provided him by the clerk within 10 days of the date of the next meeting. Next meeting is scheduled for June 8, 2004. At this point Mr. Frink made a motion to adjourn the hearing, seconded by Mr. Russell - on roll call vote - Mr. Dansereau - stated he needed additional clarification on the conversation regarding the publication of notices - Mr. Viglotti explained the protocol of