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<br />MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD 11/13/07 <br /> <br />Present: Lloyd Frink, Chairman, Allen Firstenberg, George Dansereau <br /> <br />Absent: Scott Davis and Frank Barresi and Village Attorney Viglotti <br /> <br />Meeting was called to order at 7:35 p.m. <br /> <br />It was stated that Village Attorney Viglotti had a conflict of interest with the public hearing on Mid <br />Hudson Park Management and could not serve as Counsel for the Board this evening. <br /> <br />Mr. Frink called for a moment of silence for all Veterans in honor of Veterans Day. <br /> <br />MID HUDSON PARK MANAGEMENT, 120 CHANNINGVILLE ROAD <br />First on the agenda was the public hearing hearing on the request of Mid Hudson Park Management <br />seeking an area variance from Section 151-12(G)(2) which refers you to Section 151-12(H)(2)(a) of the <br />Zoning Code to be able to have a monument sign at Oak Tree Gardens Apartment Complex located at <br />120 Channingville Road which is in a RM-1 zone. Mr. Frink asked the Board members to refer to <br />Section 151-12G in its entirety – Paragraph 1 talks about for each dwelling unit – professional sign or <br />sign indicating a permitted home occupation....such signs shall be reviewed by the Zoning Enforcement <br />Officer for consistency with the requirements of this subsection and with 151-12I – if the Zoning <br />Enforcement Officer determines that the proposed sign is consistent with these requirements, he/she <br />may issue a sign permit without Planning Board approval – otherwise the Zoning Enforcement Officer <br />shall refer the application to the Planning Board for review.” There is a letter of denial from the Zoning <br />Enforcement Officer and based on the information and belief it has been referred to the Planning Board <br />for review. Paragraph 2 - “For permitted and special use permitted nonresidential use....” Mr. Frink <br />stated he feels the ZBA can rule out that the property at 120 Channingville Road is not a special use <br />permitted nonresidential use -does the Board agree on that – all three Board members in attendance <br />agreed. The question becomes is the use at 120 Channingville Road a permitted use – The zone is a <br />RM-1 zone where you are allowed three or more families – it is an apartment complex – which, based <br />on information and belief three or more families are allowed – so it would be a permitted use. (As a <br />side note the Board stated they are all in agreement that the parcel they were talking about is labeled <br />105 Channingville Road on the Zoning Map but it was also labeled Oak Tree Gardens). For the record <br />the Board unanimously agreed that an apartment complex is an allowed use in the RM-1 district , is <br />analogous to a Neighborhood Business or Office Business and unanimously agreed that 151- <br />12(G)(3) was not applicable because it is not a non-conforming use. <br />At this point Mr. Frink stated the Board was ready to open the Public Hearing. He asked the applicants <br />to supply the Board with the Affidavit of Publication and Proof of Mailing of the Legal Notice. The <br />applicants were unable to produce any of the necessary paperwork – therefore Mr. Frink stated the <br />Public Hearing could not be open. <br />Mr. Firstenberg made a motion to approve the minutes of the October meeting, seconded by Mr. <br />Dansereau. Unanimously carried. <br />Mr. Dansereau made a motion to adjourn the meeting, seconded by Mr. Firstenberg. Meeting was <br />adjourned at 7:45 p.m. <br />