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Zoning Board of Appeals Minutes of Meeting Held July 7, 1981, Mesier Homestead, Wappi~ers FaS_Is, New York Those present: Chairman Frank Savelli; George Casey; Sterling VasWagenen; Robert Smith; Joel Neuman; Village Attorney James J. Lyons; Zoning Enforcement Officer John W. Hanbennestel; Recording Secretary Nancy Lowney Others present James AlfonsO, 8 Clinton St., Village Andrew R. Thornton, Florid~ Alan Weitlich, 22 Prospect St., Vfllage Mark Kerrigan, 120 Sterling St., Beacon, N.Y. M~bmoud Abdelqader, Montclair Apts., #3B, Wappingers Falls Harold Reilly, Attorney-at-Law, 14 Mesier Ave., Vil~sge Patrick DiDcmizio, 77 Mesier Ave., village Psnl R. Webster, 126 West ~in St., Village Douglas Deeb, 26 Clinton St., Village Chairman Savelli called the meeting to order 7:30 p.m. He requested a motion to dispense with the reading of the minutes and to approve same as written and forwarded to all m~mbers by m~il. Motion by Mr. Smith, seconded by Mr. Neuman to dispense with the reading of the minutes and to ~pprove same as written and forwarded to all members by mail. Ail in favor; motion carried. Minutes at, proved as written. Chairman Eavelli stated the first order of business on the agenda would be a public hearing at the request of Mahmoud Abdelqader, seeking an interpretation of the Zon- ing 0~dinance and also requesting a variance to operate an auto repair shop in con- ~mmction with the selling of gasoline at the Getty Station, West Main & Clinton St~., Village. He then asked secretary if all within 200 foot radius had been notified and secretary replied yes. Atty. Lyons stated that since the Notice of Appeal had a Rider attached which was quite lengthy, it would not be read. Copies of Rider given to Board members. Secretary read Legal Notice as it appeared in the Southern Dutchess News and letter fr~ the Dutchess County Department of Planning which recommended decision on the in- terpretation of & non-conforming use be based upon study of facts and provisions of the Vfllage Zoning ~rdinance and they then recmm~ended that the variance be disapproved and the Zoning Amendment process be followed. Atty. Lyons stated the application has two aspects; 1) the applicant requests interpre- tation of the Zoning Grdinance and County Planning does not recommend diss~roval, but that it be based on local study; 2) however, County Plsnning recommends disapproval for the variance and therefore, the Board would have to have a m~jority plus one to grant variance (4 affirmative votes) as this is the general provision l~w. Chairman Savelli asked if Mm. Abdelqader wished to present his case. Harold Reilly, 14 Mesier Ave., Atty. for M~. Abdelqader, stated he w(~_ld like to discuss the interpretation and he would also like to illicit sene facts by questioning Mr. Di- Demizio, former owner of the station. Atty. Reilly: Mr. D~Dcmizio when did yOu purchase the property and were yon the sole Mr. DiD~mizio: I purchased the property in 1955 along with ~ brother. We then leased station to Gulf Oil to dispense gas and do repairs in 1956.