Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 July 25, 2007
The regular meeting of the Zoning Board of Appeals of the Town of
ROLL CALL: Present - William Bond, Chairman
Penny K. Price
Daniel P. Dunn
Sandra Giese Rosenswie
Michael Hughes
Paul Notaro, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
Motion by Mr. Dunn, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2007-05 of
Ayes: All Noes: None Motion Carried
OPENING OF PUBLIC HEARING
Motion by Mr. Dunn, seconded by Mrs. Price, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
Chairman Bond stated that Item #2007-055 will be taken out of order to accommodate the applicant who is a police officer and on his lunch break.
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2007-055 Request of Nicholas Adinolfi for a variance for property located at
Mr. Adinolfi stated he would like to erect a 2000 sq ft addition to his house.
Mr. Bond noted the reason for the requested variance is that applicant would like the edition to be within 15 ft of the rear yard. He noted that looking at the survey with one inch equaling 20 ft, the drawing on the survey shows the addition to be 30 ft, in which case a variance would not be needed. Then taking into account the request to be 15 ft from the rear yard line, another 1 ½ inches would need to be added to the diagram. He felt this was quite a large addition and noted the applicant listed maximum use of the pool and increase in the value of the home as reasons for the variance.
Mr. Hughes asked the current square footage of the house.
Mr. Adinolfi stated his house is 1700 sq ft and the reason for going back the distance indicated was to cover the pool.
Mr. Dunn asked if applicant intended on enclosing the pool.
Mr. Adinolfi responded that he was.
Mr. Bond asked if the pool would be enclosed by the addition.
Mr. Adinolf stated that was correct. The pool is not existing but is planned for part of the addition.
Mrs. Price asked the applicant what else was planned for the addition.
Mr. Adinolfi stated that he was planning a family room and workout room also.
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Mr. Bond asked the applicant if he would be willing to accept less than what he was asking for. The ordinance requires 30 ft and applciants wishes to be 15 ft from the rear yard line and asked if 25 ft would be acceptable.
Mr. Dunn noted that the plan could be reconfigured so that the hot tub was moved to the side and the pool shifted over.
Mr. Adinolfi stated he could make those adjustments. Letters of no objection were submitted from residents at
No comments were received from the public.
Mr. Bond noted the side yard requirement is 5 ft and applicant is requesting 4.39 and stated a variance would not be required if the applicant revised his plan and stayed 5 ft from the side yard.
Mr. Adinolfi stated he would be willing to do that also.
Mr. Bond asked what was behind applicant’s property.
Mr. Adinolfi stated there is only a creek which is about 250 yards back.
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
TABLED ITEM:
2007-051 Request of Donald Grasso for an appeal of decision of Code Enforcement Officer for the issuance of building permit for property located at
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Motion by Mr. Hughes, seconded by Mrs. Price, to remove this item from the table.
Ayes: All Noes: None Motion carried
Mr. Bond explained that he would be allow the applicant to state his case on why he believes the Code Enforcement Officer’s decision to issue a building permit is wrong. Then the Code Enforcement Officer will have an opportunity to explain his decision and allow
Donald Grasso, 64
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listed under schools and this facility would be an accessory building to a school. This is not a school. It is an athletic facility.
Mr. Bond asked the applicant what his definition of a school is.
Mr. Grasso replied that in general terms, a school can be anywhere someone is taught.
Mr. Bond noted that it did not have to be a building.
Mr. Grasso responded that a
Mr. Bond stated that the argument of
Mr. Grasso stated that
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granted on the basis of it being an accessory building and used for rest rooms and concession stands. If it is a school, then under the Education Law, the plans for that school should have been submitted to the Chief of Police so that the plans could be checked for safety and evacuation.
Mr. Czuprynski stated it was his opinion that it was a school and this was a proper school use.
Joseph Picciotti, Esq., representing
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not a private business. This is an accredited nonprofit school. When discussing accessory versus principal uses for schools, that
designation is not honored in the same way as it might be for other uses. If a school is to use a property for curriculum requirements as is the case here, as demonstrated by what was submitted to the Building Inspector, then that is allowed more so here where the zoning specifically allows the use. The other intent of the school for using the property is religious retreats which is part of its founding principle. There is a free exercise of religion issue here and the school has every intent to rely on that. The facility is in a beautiful surrounding and uniquely qualified on the environmental science side of the curriculum and also as a religious retreat. He indicated the other individuals present, including David Crow, Project Manager, Fr. Higgins, and Principal William Kopas, were available to speak on elements of the project and the challenges that Canisius is now facing in its inability to provide athletics as required and why it needs this facility.
Mr. Bond noted that one of the intended uses is for a religious retreat. He asked if it was the position of
Mr. Picciotti stated it was his opinion that was a permitted use as well.
Mr. Grasso stated that physical education is required by
Fr. James Higgins,
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fulfill its mission and comply with what the Middle States Association mandated in its last accreditation that additional space be provided for athletics and interscholastic sports. This is an integral principal use of the field for their mission.
William Kopas, Principal, Canisius High School, referred to the information presented to Board members and Title 8 of the Education Law points out that physical education, including athletics, is part of a school. Also is the Middle States view which points out that Canisius needs to seek further athletic fields away from the school as it is a landlocked school. The primary use is an athletic field and supplementing the P.E. courses, the athletes actually take study hall during P.E. and the course of study is athletics afterwards. Schools are pressed to do more and more for students and schools are all purpose facilities. Students are allowed to take study hall during the school day in lieu of their P.E. class on campus during the season of their sport and this is consistent with what other schools have done across the country and Western
David Monolopolous, 97
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Mr. Czuprynski stated there was proper zoning under the zoning ordinance.
Mr. Monolopolous asked what rules and regulations Canisius High School was required to follow in terms of size, height, capacity and use of this facility, and if Canisius High School paid for the building permit.
Mr. Bond responded that those questions had nothing to do with the issue before the Board, which is whether this is a school function or school use. Whether or not the applicant is a religious corporation has nothing to do with the issue.
Mr. Monolopolous felt zoning was in place to protect the citizens from certain projects that significantly impact its area’s residents. A new zone should have been created with provisions intact to protect the residents who have made an investment in their property and town. This project should be denied due to improper zoning.
Joseph Corey,
Amy Carpenter,
Mr. Bond responded that it was his opinion that there need not be a “building” per se, as long as it is a place where students are taught by teachers.
Ms. Carpenter asked whether safety issues were taken into considerations.
Mr. Bond stated that is not an issue before this Board. The issue before the Board is whether or not the Code Enforcement Officer
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was correct in issuing a building permit based on the zoning. The Town Engineer and the Building Department will address safety issues if the project goes forward.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to recess.
On the question, Mr. Bond noted that no decision will be made during the recess. The Board members are taking a recess to consider how to proceed with this matter.
Ayes: All Noes: None Motion carried
The Board recessed for 5 minutes
Mr. Bond reconvened the meeting following recess.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and reserve decision until such time as the Board has an opportunity to review the documents submitted.
On the question, Mr. Bond stated a decision will be rendered following consultation with Deputy Town Attorney Paul Notaro. He expected the decision will be ready within four or five days.
Ayes: All Noes: None Motion carried
VI. NEW BUSINESS:
2007-052 Request of Lauren Sgranfetto for a variance for property located at
Lauren Sgranfetto,
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Mr. Dunn asked if it was applicant’s intention to remain in the same footprint that is currently there.
Mrs. Sgranfetto stated that was correct.
A letter of no objection was received from the resident at
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-053 Request of Major Patrick Pascall for a variance for property located at
Mrs. Pascall stated she was appearing on behalf of her husband who is on duty and unable to make this meeting. The motor home is used for personal and military use. Letters of no objection from residents at
Mr. Hughes asked Mrs. Pascall to clarify the term military use, whether it applied to a military authorization or notification of some type.
Mrs. Pascall stated there was nothing issued from the military. His unit is located in
Mr. Bond noted the motor home was not actually for military use, but rather used by the applicant since he is in the military.
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Mr. Dunn asked the size of the motor home and when the additional driveway was installed to accommodate it.
Mrs. Pascall stated she did not have information on the size of the motor home, but was aware the side of the motor home has “36 SS” indicated on it. She also submitted photographs of the motor home. The driveway was done in March or April.
Mr. Dunn noted the driveway is not conforming either.
Mrs. Pascall stated that the motor home is barely noticeable when making the turn at 25 miles an hour.
Mr. Dunn stated there would be a problem if the Zoning Board allowed this motor home on the property because everyone else in town who owned a motor home would want to be afforded the same privilege.
Mrs. Pascall responded that other residents in town are not using their motor home for military use.
Mr. Bond stated the use of the motor home is not a determining factor. The issue is whether a motor home should be allowed to be parked outside in a residential district.
Mr. Dunn noted that the second driveway would also need a variance.
Mary Donnarummo, 94 Woodcrest, stated her property is located to the rear of the subject property. They were concerned after seeing cement trucks on the applicant’s property. Their own property is landscaped and they are proud of its appearance. The applicant has never extended the courtesy of explaining what was taking place on the property. The motor home is an eyesore and in the winter the applicant’s property will look like a parking lot once the foliage is gone. Photographs were submitted. The applicant’s garage blocks the view of this motor home but they are forced to constantly see this vehicle which is 4 to 5 feet away from the
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property line. The motor home is even visible from their second story windows.
Mr. Dunn asked when the motor home was obtained.
Mrs. Pascall stated that prior to their move from
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and deny the request for a variance for property located at
On the question, Mr. Dunn noted that the motor vehicle had been previously stored and applicant can continue that arrangement. The motor home is not an appropriate vehicle to be stored in the back yard of someone’s home.
Mr. Bond stated the size of the vehicle is not an issue. It is simply a recreational vehicle and if it were allowed to be parked on the property, the rest of the town would want to be able to do the same. This is a use varance in the sense the property would be used for something for which it is not authorized. In order to qualify for a variance, it has to be shown that the land in question cannot yield a reasonable return and the plight of the land owner must be due to unique circumstances and not the general conditions of the neighborhood, and the use to be authorized does not alter the essential character of the neighborhood and is compatible with the area. This application fails to meet all three of those grounds.
Ayes: All Noes: None Motion carried
2007-054 Request of Santoro Signs, Inc. for a variance for property located at
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Rocco, Santora, Santora Signs, Inc.,
Mr. Bond noted that the concern of the Zoning Board with sign requests has been visibility for traffic, but the location of the proposed sign is far enough back from the street to eliminate that concern.
Mr. Dunn also remarked on the usual concern of the Zoning Board for sight lines, but noted this sign will be back far enough not to pose an obstruction of view for traffic.
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-056 Request of Nathan Randall for a variance for property located at
Nathan Randall,
Mr. Bond asked if the 6ft section of fence would extend from the corner of the garage to the property line.
Mr. Randall stated that was correct.
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No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: Three (3) Mrs. Rosenswie, Mr. Hughes, Mrs. Price
Noes: Two (2) Mr. Bond, Mr. Dunn Motion carried
2007-057 Request of Denise Peacock for a variance for property located at
Mr. Bond noted the application states the applicant is requesting a second principal building with the existing building to be demolished upon completion of the new building. The applicant’s parents will apparently be living in the existing house until the new house is completed and then the existing building will be torn down. Mr. Bond asked the applicant when the construction is planned.
Denise Peacock,
Mr. Bond cautioned the variance is only valid for six months. If a variance is granted now, the construction would have to be commenced within six months which places the timeframe in the middle of winter. He asked the applicant if she would prefer tabling this item for a month or two.
Ms. Peacock stated she would prefer that since they no plans to start construction until April.
Motion by Hughes, seconded by Mrs. Rosenswie, to table this item until the November/December meeting, or until such time as the applicant notifies the town clerk to re-submit the matter on the Zoning Board agenda.
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Ayes: All Noes: None Motion carried
2007-058 Request of Harold O. Ellis for a variance for property located at
Mr. Bond asked if permission had been received from the Association.
Mr. Ellis stated that he has not received the paperwork back from the Association yet.
Mr. Bond cautioned that written permission is needed prior to building.
Mr. Ellis stated he was aware of that and submitted letters of no objection from residents at
No comments were received from the public.
Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-059 Request of Paul Stachelski for a variance for property located at 1 Nina Terrace to erect 6 ft fence in exterior side yard.
Paul Stachelski, 1 Nina Terrace, stated his property is currently lined on both sides by arborvitaes. There are 25 in the back and 25 along the side. Over the last several years, they have been damaged by deer and the October storm of last year. He submitted photographs of the damage done by the deer which come across the street from the
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for privacy. His side lot is East and
Mr. Czuprynski stated the applicant’s property is tied up with easements. There is a 20 ft drainage easement on the back lot line and the fence may not be allowed. Applicant would need to get permission from the Engineering Department prior to erecting a fence.
Mr. Bond stated there was also a New York Telephone easement along East & West Road.
Mr. Paul Stachelski stated there is a space between East & West and the arborvitae line.
Mr. Bond cautioned that even if the fence was allowed, the applicant runs the risk of having the fence knocked down if work had to be performed on that easement. He recommended that the applicant speak to the Town Engineer first.
Mr. Czuprynski stated that even if the Zoning Board granted a variance for a 6 ft high fence, it has nothing to do with the easement. If the Engineering Department denied his request, he simply would not be able to do it, whether or not he has a variance.
Mr. Bond stated the applicant does not need a variance from the house back. He needs the variance from the house to the East & West lot line.
Mr. Dunn asked the applicant if he intended to have a 3-sided fence around the back yard, leaving one side open.
Mr. Stachelski stated that was correct. What he really needs is privacy from East & West Road. He had no problem with leaving the one side open.
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No comments were received from the public.
Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 1 Nina Terrace to erect 6 ft fence in exterior side yard, conditioned on permission being given by the Town Engineer to build on the right of way.
Ayes: All Noes: None Motion carried
2007-060 Request of John & Rebecca Brierley for a variance for property located at
Becky Brierley and John Brierly,
Mr. Dunn noted the previous pool was 1.67 ft away from the side yard.
Mrs. Brierley stated the new 21 ft pool will encompass the 3 ft variance needed from the neighbor’s lot.
Mr. Bond stated that requires applicants to be closer to the house. He questioned Mr. Czuyprynski if an above ground pool required a fence.
Mr. Czuprzynski stated an above pool does not require a fence, but they do require a gate and a pool alarm.
Mrs. Brierley stated there was no access from the deck to the 21 ft pool. The pool is entered by way of a ladder.
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Mr. Czuprzynski stated if applicant can reach the deck from the house, then the entranceway onto the deck must have a self closing device. He will review the building permit with applicant in the event the variance is granted.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-061 Request of Ken Pszczolkowski, for a variance for property located at
Ken Pszczolkowski,
Mr. Bond asked if the applicant planned on building a breezeway in the future.
Mr. Pszczolkowski stated it would actually be an addition on to the back of the house. The proposed garage will have a footer, but the addition will not be erected for several years.
Mr. Bond questioned how applicant will get to the garage with the concrete drive on the left hand side.
Mr. Pszczolkowski stated they have two driveways on the property.
He reviewed photographs with the Zoning Board members. The second driveway was stone at the time they purchased the property and he then concreted it as a turnaround. The second driveway was cut when the road was redone. Letters of no objections were submitted from residents at
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Mr. Bond asked the distance on the side between the garage and the lot line.
Mr. Pszczolkowski stated the distance was 5 ft.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-062 Request of Patrick & Michelle Barr for a variance for property located at
Patrick and Michelle Barr,
Mrs. Barr stated their property is constantly used as a cut-through and they have been unsuccessful in keeping people out of their yard.
Mr. Bond noted that the fence is already erected.
Mrs. Barr stated that was correct.
Mr. Bond also noted that the letters of no objection submitted by applicants did not indicate the fence was 8 ft high, but does say the erected fence is a benefit of all the neighbors.
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No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at
On the question, Mr. Dunn noted that he would not normally be in favor of a request of this nature, but the applicants have a unique situation and a hardship does exist.
Mr. Bond agreed, noting that because of the unusual shape of the lot with the drop-off, it does come within the uses of an area variance.
Ayes: All Noes: None Motion carried
2007-063 Request of Signtech of WNY, Inc. for a variance for property located at
Russ Cleversley, 121 Laurelton, representing Dr. Krutchick, stated that Dr. Krutchick would like to replace the existing sign with a 45.36 sq ft pedestal ground sign and submitted photographs and letters of no objection from residents at 297 Center Road and 277 Center Road.
Mr. Dunn inquired about the need of Dr. Krutchick for such a large sign.
Mr. Cleversley stated it is actually only 1 ½ ft larger than the original sign and is needed for visibility. It is a 2 sided sign illuminated internally.
Mr. Dunn asked if Dr. Krutchick’s practice is based on walk-in traffic or appointments.
Mr. Cleversley responded Dr. Krutchick makes appointments, but does pick up a fair amount of traffic as a result of the sign. He is
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the marketing company for applicant who also sends out fliers every month.
Mr. Hughes asked how long the current sign has been in place.
Mr. Cleversley did not have that information but based on the condition of the sign and the 16 years that Dr. Krutchick has been in business, it was lengthy.
Mr. Czuprynski stated the application of applicant indicates the zoning to be R-65A which allows a 3 sq ft sign not to exceed 4 ft in height. He asked if the applicant had ever rezoned his property. The applicant would not have been allowed to have his business under a R65-A zoning.
Mr. Cleversley stated he was unaware of that.
Mr. Bond commented that the applicant had received a variance to operate his business and add a chair.
Mr. Czuprynski stated that R-65A allows a practice if the professional lives on the property and it was his recollection that the applicant had received a variance so that he was not required to live there, but never changed the zoning. Therefore, he is still zoned R65-A which means the applicant is only allowed a 3 ft sq sign. Applicant may also have received a variance on the existing sign which is oversized.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to table this request until the August meeting to provide an opportunity for the applicant to submit an alternate sign and allow the Code Enforcement Officer to determine the correct zoning for the property.
Ayes: All Noes: None Motion carried
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2007-064 Request of Erica Kuper for a variance for property located at
Erica Kuper,
Mr. Bond noted that according to the diagram, applicant intends on bringing the 4 ft fence out from the side of the house and then to the back of the house, with a 6 ft fence along the side of the property on Maryon, then around the concrete pad.
Ms. Kuper stated that was correct.
No comments were received from the public.
Mr. Bond noted there was no sight line problem with the distance back from the corner of the house.
Motion by Mr. Dunn, seconded by Mr. Hughes to close the public hearing and grant a variance for property located at
On the question, Mr. Dunn also noted that the request presented no sight line problem.
Ayes: All Noes: None Motion carried
2007-065 Request of Strollo Development-Buffalo LLC for a variance for property located at
Mr. Bond noted that the application of applicant reflects the fence requested was at the direction of the Town Board as part of the rezoning granted by the Board.
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Ralph Lorigo, Esq.,
Mr. Czuprynski requested the Zoning Board add the 4 ft section of fence that encompasses the pond.
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at
Ayes: Four (4) Mr. Hughes, Mr. Dunn, Mr. Bond, Mrs. Price
Noes: One (1) Mrs. Rosenswie
2007-066 Request of Anthony Scaccia for a variance for property located at
Anthony Scaccia,
Mr. Bond noted this was a request to erect a 6 ft x 8 ft front entry cover 27 ft from front property line.
Mr. Czuprynski stated this was an enclosure for the barber shop of applicant.
No comments were received from the public.
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Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing, adjourn the regular meeting, and enter into executive session to discuss Item #2007-051. (9:30 p.m.).
Ayes: All Noes: None Motion carried
EXECUTIVE SESSION
2007-051 Request of Donald Grasso for an appeal of decision of Code Enforcement Officer for the issuance of building permit for property located at
Motion by Mr. Bond, seconded by Mrs. Price, to deny the applicant’s appeal of the decision of Code Enforcement Officer for the issuance of a building permit for property locationed at 2448- 2869 and further uphold the decision of the Code Enforcement Officer for the issuance of a building permit for property locationed at 2448-2869 Clinton Street.
Ayes: Three (3) Mr. Bond, Mrs. Price, Mr. Dunn
Noes: Two (2) Mr. Hughes, Mrs. Rosenswie
Motion carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary