02-27-1997 Regular Meeing and Public Hearing

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Zoning Board of Adju~ Minutes of Febmary 27,1997 Page 3 of 5 Mr. Pomonis asked the Board to void the proceeding due to lack of evidence. He noted that staff's report was not sworn testimony. Chairman Bernay explained that staff prepares background information for the Board which does not require swearing in of staff. Mr. Pomonis disagreed with that statement and asked the Board if they would rule on his motion. Sidney Grant called for a point of order. He noted that Mr. Pomonis is not on the Board and cannot make a motion. He added, in summary, that Mr. Pomonis should continue with his testimony and let the Chairman run the meeting. Mr. Pomonis responded by saying his testimonry relies on what he hears during the meeting. For clarification purposes, John Armstrong stated that the Zoning Ordinance states that the burden of proof is on the individual who wants to maintain the nonconforming status. However, it is initially up to the appellant to indicate to the Board of Adjustment information in the appellant's possession that would define the period of abandonment that the appellant is alleging. If the issue of abandonment of anon-conforming use is for the most recent Zoning Permit that was issued, then 90 days prior to January, 30, 1997, should be looked at. If the issue of abandonment of a non- wnforminguse is for 1992, then time has passed for an Appeal The applicant should define his reasons for the Appeal. Mr. Pomonis began his testimony. During the latter. part of January, he spoke with Richard, of Richard's Automotive Repair, at Richard's new business located on Fairmont Pkwy. Richard was reluctant to speak because he did not want to get involved. Richazd had already spoken with Ms. Stevens earlier in the day. Mr. Pomonis asked Richard when he moved out of the business on Old Hvvy.146. Richard told Mr. Pomonis he had completely moved out 18 months ago. Mr. Pomonis then asked Richard if he knew when Huber's Zinn closed their business. Richard's answer was that it had been a couple years or more prior to the time he left.. Mr. Pomonis reminded the Board that staff had not provided leases with dates to substantiate the dates they provided and as a resident of the area, he knows the buildings were empty for months and maybe as long as a year. In regard to the small engine repair business, Mr. Pomonis believes it was never a legally operating business since application was never made with the State for a sales tax permit nor was filing ever made for an assumed name. Sidney Grant asked Mr. Pomonis what his purpose was for filing this Appeal. Mr. Pomonis explained he is a past President of the Bay Colony Property Owners Association. During the annexation process of the Bayshore Municipal ut~ity District, the question of what would happen to businesses that close down under the new zoning was asked He was told by Staff that