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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD FEBRUARY 19, 2008 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Scott Davis, Allen Firstenberg, George Dansereau and Mary Ann Loncto, Secretary Others Present: Al Capelli Pete Csizmar Eileen Sassmann Mike Martin David Flam Mrs. Flam Gary Schwartz Gary Borgia Victoria Borgia Kristy Borgia Meeting was called to order at 7:30 p.m. Roll call was taken. All members present. It was stated that the regularly scheduled meeting from last week was postponed until tonight because of weather conditions last week. Mr. Frink stated he would like the minutes to reflect that Members Frink, Davis and Dansereau attended County training center and received 3 credit hours for 2008 – topical matter was “Findings, Records, Minutes and Studies of Case Law.” It was stated that Home Depot had requested an adjournment until next month but an adjournment is technically not in order because the public hearing has not been open yet. Mr. Frink stated as a matter of procedure he requests that Home Depot renotice the hearing. BORGIA PETROLEUM COMPANY, 2755 WEST MAIN STREET First on the agenda was the public hearing on the request of Brogia Petroleum, Inc., 2755 West Main Street seeking a variance from Section 151-20(C)(1) of the Zoning Ordinance to be able to extend the items currently being sold at their snack shop (updated list is attached) – original list was composed on March 16, 1994 along with resolution granted August 10, 1993 list was amended to include the definition of dairy products to include packaged milk, packaged butter and packaged ice cream. Mr. Frink stated under General Municipal Law 239LM this was referred to the Dutchess County Department of Planning for their referral. This response will be introduced into the record once the hearing is open. Mr. Michael Martin, Attorney and Mr. Gary Borgia, Owner were present for the hearing. An affidavit of publication dated February 1, 2008 was submitted into the record. Copies of all legal notices being sent to property owners within 250 ft. certified mail were submitted for the record. Mr. Martin: The letter from the County helps clarify the different things we need to address – from our perspective this property has been a gas station for many years – it preexisted the local zoning – and then when zoning was put in place and permits were subsequently issued for whatever reason the permit was issued based upon the inventory on that given day and of course by the inventory the very next day there might have been some technical violations. With that said – the service station industry has changed considerably over the years and today you see a service station built – it seems like gasoline is almost a side product and all the merchandise is the main product. For a business to be successful – it needs to be competitive with other gas stations – if people can't fill up – buy milk, or whatever they need – they go to the next gas station. Obviously when it was zoned – it was zoned multi family knowing it was a gas station – so when you apply the four part test from the County the initial one – competitive financial evidence – common sense – every gas station in the world sells all these “convenient store” products – and if you area handicap by having a limited product list – you do