2004-04-13 - Laserfiche WebLink

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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 4/13/04 Present: Susan Ruder, Vice Chair, Newell Russell, Dave Crawford, George Dansereau and Mary Ann Loncto Absent: Lloyd Frink, Chair and Attorney Viglotti Others Present: Gary Leonard Don McCormick Mike Kocan Mike Witkowski Meeting was called to order at 7:30 p.m. Ms. Ruder who was chairing the meeting in the absence of Chairman Frink stated for the record that Village Attorney Viglotti was not present. She also welcomed new Board member Dansereau and stated that Mr. Kocan was not reappointed even though Chairman Frink wrote a letter of recommendation to the Board of Trustees for Mr. Kocan's reappointment. She went on to say that Mr. Kocan served the ZBA well and will be missed. GARY LEONARD~ 2684-2686 WEST MAIN STREET First on the agenda was the application 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 0- to be able to have two undersized apartments (proposed are 735 sq. ft. and 720 sq. ft. and required is 750 sq. ft.) for the two storefronts at 2684 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. Ms. Ruder asked applicant for his affidavit of publication in the Poughkeepsie Journal and proof of mailings of legal notices. Applicant stated he did not bring this information with him. Ms. Ruder went on to state that she would like to make a suggestion - the Board has not heard from Dutchess County Dept. of Planning regarding the zoning referral; therefore, no decision can be made until this documentation arrives. Ms. Ruder stated that the area variances are contingent upon applicant receiving his use variances - Board will review use variance first. Mr. Russell made a motion to review the use variance first, seconded bY Mr. Dansereau. On roll call vote -Mr~ Russell - Aye, Ms. Ruder - Aye, Mr. Crawford - Aye, and Mr. Dansereau - Aye. Ms. Ruder stated with respect to the use variance - the first test for approving a use variance is dollars and cents proof that you are not able to realize a reasonable return on your investment. Applicant did submit a statement with yearly income and mortgage payments, etc. What Ms. Ruder felt was lacking was proof of the submitted numbers. There is some paperwork with the application but what she would like to see is proof of income, copies of the last several months of either cancelled checks or bank statement to substantiate the numbers submitted a copy ofthe mortgage book to substantiate the loan amount. She was also curious of how applicant came up with the loss of income from the building and applicant answered he included what he is losing for the two unrented storefronts. Ms. Ruder went on to state that applicant will also have to prove to the ZBA that the property as zoned is not realizing a return for applicant. It was stated that