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.MINUTES OF 7A)NING BOARD OF APPEALS MEETING HELD 12/9/03 <br /> <br />Preserlt: <br />Crawford. <br /> <br />Lloyd Frink, Chair, Susan Ruder, Mike Kocan, Newell Russell, Dave <br /> <br />Others Present: <br /> Chris Whitten <br /> Dennis Suraci <br /> James Lyons <br /> Keith Mead <br /> Arian Defizio <br /> Michael Strauch <br /> <br />Betsey Bergmann <br />Maureen Fitzgibbons <br />Michele Mead <br />Judy Morris <br />Steve DeFizio <br />Susan Stmach <br /> <br />Meeting was called to order at 7:30 p.m. <br /> <br />Mr. Frink stated he was in receipt of two notices - one from Wenliss Terrace and one <br />from Planet Wings regarding if the ZBA had any objection to the Planning Board being <br />Lead Agency on these projects - Mr. Frink made a motion agreeing that the Planning <br />Board should be Lead Agency and the ZBA had no objection - motion seconded by Ms. <br />Ruder. On roll call vote - Mr. Frink - Aye, Mr. Russell - Aye, Ms. Ruder - Aye, Mr. <br />Crawford - Aye and Mr. Kocan - Absent. <br /> <br />CHRISTOPHER WHITTEN~ D/B/A L1BERTY AUTO SALES~ 6 MARSHALL <br />ROAD <br />Firs! on the agenda was the continuation of a public hearing on the request of Mr. <br />Christopher Whitten, d/b/a/Liberty Auto Sales, 6 Marshall Road, seeking a variance to <br />be able to have 35 vehicles on premises - allowed is 15 which was established by the <br />Planning Board in 1987. This is also a CB zone and auto sales is not allowed in a CB <br />zone but use was grandfathered. For the record it was stated that the Dutchess County <br />DepL of Planning has responded to the zoning referral with a "matter of local concern" <br />comment. Applicant stated in the auto sales business inventory is everything. Ifa <br />customer comes in looking for something particular and you don't have it - he will just <br />move on to the next person. Applicant stated his expenses have increased, he wants to <br />make improvements to the property and his rent has increased. As of this date he is still <br />waiting for the paperwork for the least but he intends on signing a five year lease with the <br />owner of the property. He went on to state that essentially his inventory is depleted <br />because he is left with a stock waiting for delivery, When questioned further by Mr. <br />Frink applicant stated that his average hold time for a vehicle is 5-7 days and at the <br />present time he has six vehicles waiting to be delivered - factors involved in delivery <br />hold times are waiting for customers to secure a loan, waiting for customers to get their <br />vehicles registered and insured and some vehicles are sent out for minor repairs. There is <br />no mechanical work done on site. Currently applicant has only a port-a-potty on site and <br />he would like to build a bathroom onto the building. Previously Mr. Kolb had allowed <br />applicant to exceed his current Certificate of Occupancy requirements and let him put the <br />35 vehicles on site to be able to take pictures for the ZBA to give them a better view of <br />what the site would look like with 35 vehicles on site. At the present time there are close <br /> <br /> <br />