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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD OCTOBER 7, 2008 Present: Lloyd Frink, Chairman, Scott Davis, George Dansereau, Allen Firstenberg Absent: Frank Barresi Others Present: Scott Greer, Esq. Dawna Chase Vernon Way Dollie Way Carol DiBerto Heidi Murphy Armand Alfonso Charles McCluskey Barbara Tomlins Rudy Tomlins Anna Tomlins Bob Crenshaw Meeting was called to order at 7:30 p.m. Secretary took roll – Mr. Barresi absent and Special Counsel Greer present. Mr. Dansereau made a motion to approve the minutes from the September 2, 2008 meeting, seconded by Mr. Firstenberg. Unanimously carried. Mr. Barresi – Absent. Mr. Frink stated that the Board had received a response from Dutchess County Department of Planning for zoning referral regarding Michael and Eric Perry, 2694 West Main Street. Mr. Frink stated that it was his opinion that the ZBA would let the minutes that were just approved speak for themselves and the Board agreed. Mr. Firstenberg made a motion to approve the minutes from the May 6, 2008 meeting, seconded by Mr. Davis. Mr. Frink stated since the time of the meeting there was a change in one of the lots of 3” and he feels that 3” in diminimous. The Board agreed and the minutes were unanimously carried. Mr. Barresi – Absent. BARBARA TOMLINS, 16 WEST STREET First on the agenda was a public hearing on the request of Mrs. Barbara Tomlins, 16 West Street seeking the following variances to legitimize the addition over the upper portion of her house to maintain a single family residential use: (1) total lot coverage – allowed is 30% or 1,657.8 sq. ft. and existing is 2,196 sq. ft., (2) front yard setback – required is 15 ft and provided is 3’5”, (3) side yard setback – required is 15 ft. for a corner lot and provided is 3’ 1”, (4) lot depth – required is 100 ft. and provided is 93 ft. Ms. Tomlins is also appealing, as an aggrieved person, the directive of the Code Enforcement Officer to remove the insulation above the attic floor level or remove the attic steps to ensure that the attic area is used as non-habitable space. It was stated that the legal notice was published in the September 27 2008 edition of the Poughkeepsie Journal – Dutchess County Dept. of Planning had responded to the zoning referral with a “matter of local concern” comment. Mrs. Tomlins presented the secretary with copies of receipts from mailing. Mr. Frink then read into the record a memo from Code Enforcement Officer Fenton dated October 7, 2008 (a copy of which is on file in the Planning/Zoning offices).