The Regular Meeting of the Zoning Board of Appeals of the Town of Van Buren, held at the Town Building, 7575 Van Buren Rd., was called to order at 7:30 p.m.
All present joined in the Pledge of Allegiance to the Flag.
Roll Call: Robert Cleverley present
James Bowes present
Ronald Abold present
John Virginia, Chairman present
Laura McBurney, Vice-Chair present
Also Present: Vera Cavallaro, Secretary
Ted Spencer, Attorney
MINUTES
Mr. Virginia and the Board made changes to simple typos on the September minutes that needed to be fixed. September minutes were approved as amended
Motion Mrs. McBurney moved to accept the minutes, as amended, Mr. Cleverly seconded the motion, there was no further discussion; motion carried unanimously.
APPEAL – L.G. ENTERPRISES, PINNACLE HILL DEVELOPMENT
Herman Rd. Tax Map Parcel # 054-03-16 IND Zoning District
Appeal from decision of Code Enforcement Officer – Revoked Building Permit
Mr. Virginia told Mr. Kempisty that he wanted to start off with an apology, the new zoning laws require that the Board mandatory hold a public advertisement and hearing; the old law had a verbiage that didn’t require that. It was missed and he apologizes for that. The Board has to hold a Public Hearing by law, based on that he knows the Board has had time to review it but the Board is still waiting for information from the Town so he would like this to be a continuance of consideration. After the last meeting on behalf of the Board the ZBA has requested the information from the Town attorney on the issue of the building structure for L.G Enterprises as the applicant has requested and the Herman property to determine if multiple applications are processed collectively or if they should be separate, the Town attorney
has not completed his review so far, he has been talking to him and Mr. Spencer has been talking to him. Pursuant to the Town code there is a requirement to conduct a Public Hearing to accomplish this; the matter needs to be continued so the Public Hearing can be advertised.
Mr. Virginia said that he has had time to review this and he has some questions, not of the applicant but he has questions for the Town and the ZBA attorney has conveyed those questions to the Town Board attorney. He asked Mr. Spencer if he was correct.
Mr. Spencer said yes.
Mr. Virginia asked the Board if they have had a chance to review all of the materials that were submitted.
The Board said yes.
Mr. Virginia said that in due respect to Mr. Kempisty he doesn’t think they should make to applicant wait another month, he thinks that the Board should have a Special Meeting.
Mr. Virginia asked the secretary if two weeks from today was open.
The secretary stated that it was open and the date would be October 30th.
Mr. Virginia asked Mr. Kempisty if that was ok with him.
Mr. Kempisty stated that it was.
Mr. Virginia stated that again he apologizes it was a mistake that he missed and everyone missed. It just came to light and he would like to correct the matter. This will give the Board time to push the attorney again and try to get things done.
Mr. Virginia said that the Board will continue this determination on October 30, 2006 at 7:30p.m.
ADJOURNMENT
Mr. Abold made a motion to adjourn the meeting to October 30, 2006; seconded by Mr. Virginia; motion carried. The meeting adjourned at 7:36 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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