1986-10-23 - Laserfiche WebLink

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7onin? ~oard of Appeals ~inutes of ~e~.ting Held October 2..-3, 19~, ~esier I~omestead, '4apoingers Falls, '~lew Those oresent: Frank Savelli, Chairman: ~eor~e Casey; Robert Smith; Lynn Greco, Zoning Enforcement Officer~ louis Viglotti, Village Attorney; !~ancy Lowney, Recording Secretary Absent: Sterling Van~'!agenen ~thers ~resent: Chris Hargrave, I0 Dutchess Terrace, Villaoe Alan !Veitlich, 22 Prospect St.~ Village Jean Laffin, 15 Franklindale Ave., Village modd ~aright, 13~ Route g, Village Ca:leon qaright, 13~ ~oute 9, Village Richard ~aright, 13~ ~oute 9, Village Chairman Savelli called the meeting to order 7:35 p.m. He reeuested a motion to dispense with the reading of the minutes and to approve same as written and forwarded to all members by mail. !~oiion by ~!r. ~asey, seconded bv Mr. Smith to dispense with the reading of the minutes and to ap.)rove same as written and forwarded to all members by mail. All in favor~ motion carried. ~inutes approved. Chairman Savelli stated that the first item on the agenda would be a public hearing at the request of Alan ?!eitlich~ Thornton's Service Station, seeking a variance to erect a canopy at Thornton's Service Station, 166 West ~'ain Street, Village. Sacretary read the ~otice of Appeal, the Legal flotice as it appeared in the Southern Dutchess !,lows and +he recommendation from County Planning which was that the ~eard should proceed with caution, as they have not as yet reviewed the matter. F!owever~ if a decision is made, the vote must he a majority plus one. 'Ir. "~eitlich then addressed the ~oard. He ~resented a 0icture of +he canopy for the station. ~le stated that this is a common thing and most gas stations are doing this now. ~!e said that ?~e went before the Plannine ~oard in recard to the canonv~ numgs and tanks. He will be replacing the tanks. However, he was told that the Planning Board could not give per- mission for a canooy as this is a non-conforming use and only the Zoninq ~oard could grant the variance. The Plannin~ ~oard does not object. Tntrances & exits will not be changed. Chairman Savelli stated if the variance is granted~ the vote must be a majority plus one. ?otion by ~r. Smith~ seconded by '.~r. Casey that the variance ~or the canopy be granted. Roll call vote: F~r. Casey~ aye; ~ar. Smith, aye~ Chairman Savelli, aye. all in favor; motion carried. Variance a~proved. The decision of the qoard was based on the fact that County Planning had not given any recommeneation and this was done as a courtesy to f~r. "leitlich. Hr. !'!eitl[ch thanked the Soard. The next item on the anenda was a continuation of the public hearino at the request of Sariaht Associate, s, 133 Route 9, Village, seeking an Interpretation of the Zonina OrSinance in ren:~?d to his oremises located at 13a Route 9, Village. Atty. Viglotti stated that the lnteroretation is whether this is a public garage or a gasoline service station. A decision has to be made whether this is a public garage or a gasoline service station. They will not be dispensing gasoline, only changing oil. This is a service. There were two Local Laws adopted in 1975 in regard to gasoline service stations and public garages. If it is decided th:t this is a public garage, the Zoning ~oard Soard must also decide whether ?odious is considered a hospital. If that is the case. the variance cannot be granted as they are within 200 feet of each other. It seems that there must have been many problems with service static)ns in 1975. In any case they must comply with the Local Laws. Chairman Say, Iii stated that ~r. Bariqht should go to the Village ~oard. '~r. ~aright sta+e~ that this is a care care service. The oper~,tion is clean and it is dissimilar from a public garage.