VILLAGE OF CORNWALL-ON-HUDSON ZONING BOARD OF APPEALS MONDAY MAY 13, :30 P.M.

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1 VILLAGE OF CORNWALL-ON-HUDSON ZONING BOARD OF APPEALS MONDAY MAY 13, :30 P.M. Present Were: Horst Hoffmann, Chairperson Robert Quillin Michael Kelly Peter Osinski Andrew Maroney Also Present: Jeanne Mahoney, Village Clerk Robert Fink, Esq. Special Village Counsel Mark Taylor, Esq. Interim Deputy Village Attorney Mr. Hoffman called the meeting to order at 7:30 P.M. PUBLIC HEARINGS Fran & Loretta Djurasevic- 19 Maple Avenue Chairman Hoffmann stated that the public hearing will have to be postponed until June 9, 2008 at 7:30 PM due to an error on one of the Notices of Hearing and an insufficient mailing. The applicants were instructed to meet with the Zoning Board Secretary for the revised notice(s). Chairperson Hoffmann re-opened a public hearing on the application to void a building permit and certificate of occupancy issued to Lexand, LLC d/b/a Drew s on the Square ( ) and require that property owner apply to Planning Board for site plan approval. Robert Fink stated that only one of Mr. Missere s requests was filed timely. That is for the certificate of occupancy issued for the restaurant renovations. The zoning board can void the C.O., but can not instruct the Building Inspector what to do next. Chairman Hoffmann read a letter dated March 25, 2008 from the current Building Inspector, Mr. William Lee, which indicates that no site plan approval is needed because food has always been served at that location. Mr. Fink stated a restaurant is a permitted use with site plan approval in the CBS district.

2 He read from Village code section (b) which outlines requirements for site plan approval. Site plan approval is not needed if the restaurant is a legal pre-existing nonconforming use. Ray Yannone, owner of the property in question, stated that on May 19, 1998, the Planning Board granted site plan approval on an application presented by Joseph Maraday for a restaurant and dance studio. The dance studio was never built. The footprint of the building has not changed since. On July 17, 2001, the Planning Board approved the ice cream business, and on May 21, 2002 approved the upstairs apartment as it is now. Discussion followed regarding conditions placed upon the site plan approval dated May 19, 1998 by the Planning Board, and whether final site plan maps were ever presented and filed by Mr. Yannone. Mr. Missere referred to several sections of Village code cited in his application which state that every action requires a site plan and this property does not have a properly filed site plan or map. He stated that significant changes have been done to the footprint of the building and there have been time lapses in use of the building, so a new site plan should be required. Mr. Fink replied that if materials were improperly submitted or if the building was vacant for lengthy periods, a timely complaint would have needed to be filed with the Planning Board. The Zoning Board has no authority to undo any Planning Board action. The Board can only determine if the Certificate of Occupancy was improperly issued to Drew s on the Square. Mr. Missere s recourse is to file an Article 78. Mr. Missere replied that without prior Certificates of Occupancy on file, this C/O is not valid because it is now non-conforming. Mr. Fink answered that the basis for the Zoning Board to reverse the decision of the Code Enforcement Officer and Building Inspector would be if a Certificate of Occupancy was issued and premises did not have site plan approval. Discussion followed on whether or not the documentation before the Board is sufficient to justify reversing the decision of the Building Inspector. There being no further comments from the public, Chairman Hoffmann closed the Public Hearing at 9:00 P.M. and opened the Public Meeting. Chairman Hoffmann believes that all businesses should follow the same standards; however the Zoning Board can not act on a Planning Board decision if a site plan has been approved. The Building Inspector has already stated that the use of this property has not changed since 1998; therefore this new restaurant does not need a new site plan approval. The Board must follow Village Code even if he does not agree with it. Mr. Osinski stated that the Zoning Board must interpret and enforce the existing codes as

3 written. There is documentation that the Planning Board acknowledged and approved a restaurant use. The information presented by Mr. Missere does not justify reversal of the Building Inspectors issuance of a Certificate of Occupancy. Mr. Kelly agrees with Chairman Hoffmann that the current code is not right; however the Zoning Board must go by what is in effect. Mr. Maroney stated that it is unfortunate that the letter from the Building Inspector is of no help at all; however, there is a valid site plan approval from 1998 which the property is operating under today. Mr. Quillin agrees with all comments presented by the Board members. Mr. Kelly made a motion determining that the Certificate of Occupancy issued to Lexand, LLC d/b/a Drew s on the Square is valid and to deny Mr. Missere s application which was seconded by Mr. Osinski and carried by a vote of 4 ayes and 1 nay (Hoffmann). Mr. Fink stepped down. APPROVAL OF MINUTES April 14, 2008 Chairman Hoffmann made a motion to approve the minutes as written which was seconded by Mr. Osinski and carried by a vote of 5 ayes and 0 nays. Mr. Taylor stepped up to represent the Zoning Board on this application. Chairman Hoffmann opened the Public Hearing and read the Public Notice as follows: NOTICE is hereby given that, pursuant to the provisions of the Village of Cornwall-on- Hudson Zoning Code, , a public hearing will be held before the Cornwall-on- Hudson Zoning Board of Appeals at 7:30 P.M. on May 13, 2008, at the Board Room, Village Hall, 325 Hudson Street, Cornwall-on-Hudson, New York, for the purpose of considering the following application for an interpretation: A. Relief Requested: Interpretation of Zoning Code 172-5, , , , to appeal the issuance of certificates of occupancy on September 20, B. Premises Affected: Tax Map Section 102 Block 11 Lot Idewild Drive C. Applicant: 3-5 River Avenue Cornwall-on-Hudson, NY 12520

4 D. Owner of Premises Affected: Storm King Associates, LLC 101 Bracket Road Montgomery, NY E. Nature of Request: Applicant requests an interpretation, decision and order reversing the decision of the Building Inspector to issue certificates of occupancy on September 20, 2007 without requiring site plan review for a property adjacent to the applicant s property. The following sections of the Zoning Code are requested by the applicant to be interpreted: entitled Effect of districts, Subsections (A), (C) and (E); entitled Building permits, Subsections (A), (B), (D) and (F); entitled Certificates of occupancy, Subsections (A), (B), (C), (D) and (E); entitled Submission of and compliance with site plan required ; and entitled Relationship to other laws, ordinances or agreements. The Zoning Board of Appeals will hear all persons in support of the application as well as any objections thereto. The Village will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Village Clerk. The application filed in connection with this matter is on file in the Building Inspector s Office and may be examined during regular office hours. Dated: Cornwall-on-Hudson April 28, 2008 BY ORDER OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF CORNWALL-ON-HUDSON HORST HOFFMANN, CHAIRPERSON Mr. Missere, the applicant, stated that in accordance with zoning code section (I) Every building permit shall expire if the work authorized has not commenced within six(6) months after the date of issuance or has not been completed within eighteen (18) months. In response to a request for information (FOIL), he received copies of six (6) certificates of occupancy that were issued to Storm King Associates on September 20, 2007 for permits issued years back with no filed requests for extension. Name Year Building Permit Filed Joanne Grant 11/12/1989 Storm King Associates 07/24/1997 Joanne Grant/Painters 04/07/1987 Joanne Grant/Mid Hudson Galleries 04/25/1986 Storm King Associates 04/18/2005 Storm King Associates 05/18/2005 Interim Deputy Village Attorney Taylor stated that the Zoning Board needs to consult

5 with the former Building Inspector to find out why they were issued. The New York State statute is clear, an appeal must be filed within 60 days or the Zoning Board has no jurisdiction to rescind the Building Inspectors decision. Mr. Missere referred to an earlier Zoning Board decision in which Mr. Yannone was afforded an extension of the 60 day deadline because he did not have knowledge that a letter existed until after the deadline had passed. He is asking for the same consideration on his application because he only learned of the issuance of Certificates of Occupancy after he filed his FOIL request. Mr. Yannone stated that he contacted the former Building Inspector in September of 2007 when his tenant (Nicky s Restaurant) vacated the property. He wanted to see if there were any open permits/violations. He found out at for the first time that the permits listed above existed. Mr. Taylor suggested that this public hearing be continued until the June meeting. He will review Zoning Board jurisdiction and relevant precedents regarding time allowances. Further he suggested that the former Building Inspector provide an explanation for the issuance of these Certificates of Occupancy. He asked Mr. Yannone if he would like an opportunity to review his records and present evidence at the next meeting as to what happened back in September of Mr. Yannone replied in the affirmative. Discussion followed regarding the relevance of the certificates of occupancy issued with the exception of the ice cream stand and apartment (both building permits filed in 2005 by Storm King Associates). Mr. Hoffmann made a motion to continue this public hearing until June 9, 2008 and to adjourn tonight s meeting at 10:00 PM. which was seconded Mr. Quillin and carried by a vote of 5 ayes and 0 nays. Respectfully submitted, Jeanne Mahoney Village Clerk