2003-10-07 - Laserfiche WebLink

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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 10/7/03 Present: Lloyd Frink Chair, Susan Ruder - Vice Chair, Newell Russell, Mike Kocan, Dave Crawford Others Present: Martin Andrew Dawna Chase Robert Kortright Darlene Smith Village Attorney Viglotti David Mazzacone Yvette Walden Christopher Whitten Pat Balash George Kolb Meeting was called to order at 7:30 p.m. Mr. Frink talked about the Dutchess County Dept. of Planning and their scheduled training sessions. He encouraged all Board members to attend and if they could not attend this session - to try to attend further sessions to keep abreast of all new codes, rules and regulations. He also informed Board about the sessions at the Pace University Training Center. Mr. Frink made a motion to have the Board go into Executive Session, seconded by Mr. Crawford. On roll call vote - Ms. Ruder - Aye, Mr. Crawford - Aye, Mr. Frink - Aye, Mr. Russell - Aye and Mr. Kocan - Aye. Board went into Executive Session at 7:31 pm. Board came back into Executive Session and it was stated that no action had been taken in Executive Session. DAWNA AND RAYMOND CHASE, 16 DOWNEY AVEN .UE. First on the agenda was the continuation of a public hearing on the request of Dawna and Raymond Chase seeking a change to a variance that was granted in 1996 allowing for a screened in patio 1 ft. from the rear lot line - to be able to add windows to the structure at 16 Downey Avenue. Mr, Frink stated the reason the hearing remained open was to give the Board the opportunity to review the file. Mr. Frink stated he has several questions - Mr. Frink then asked Mr. Kolb if the applicants had applied for a Building Permit and Mr. Kolb answered no they had not. Mr. Fdnk stated he has a jurisdictional problem. The most recent letter in the file is from Mr. Kolb dated 5/20/03 and this is the non- conforming that the Chase's were non-conforming Mrs. Chase stated that the letter dated 5/20/03 was the only notice she had received. Mr. Fdnk went on to state that there is no negative declaration from the Building Inspector/Zoning Administrator. This letter was written May and by law an applicant only has 60 days to appeal from any decision from the Building Inspector/Zoning Administrator. Mr. Frink stated he feels this is untimely and the ZBA now lacks jurisdiction in this matter according to Village Law 7- 712(A) (5). Mrs. Chase stated she was trying to understand this procedure. If she wanted to replace the approved screens with storm windows then she would have to apply for a Building Permit with Mr. Kolb - be turned down - and then she would have something to appeal