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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD MARCH 11, 2009 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Scott Davis, George Dansereau Absent: Allen Firstenberg Others Present: Adam Lauricella, Mike Novick, Jay and Dana VanBenschoten, Paul Pilon, John Fenton, Jim Horan, John Kelly, Esq., Nigel and Alison Taylor, Shane Cashman, JAY AND DANA VANBENSCHOTEN, 2559 SOUTH AVENUE First on the agenda was the request of Jay and Dana Van Benschoten/MDM Realty of Dutchess 51 MacGhee Road, Poughkeepsie, NY seeking the following variances to be able to have a third apartment in a property that is a two family house located within two family zoning (house is located in an NB zone) at 2559 South Avenue. Applicant is seeking a use variance to be able to have a three family house in two family zoning. The applicant is also seeking the following area variances: (1) required is 750 sq. ft. per dwelling unit and proposed is 587 sq. ft. per dwelling unit and (2) required is 13,000 sq. ft. minimum lot size and existing is 9,396 sq. ft. Secretary stated that Dutchess County Department of Planning had responded to the zoning referral with a matter of local concern comment. Secretary also stated that legal notice had been published in the February 19, 2009 Poughkeepsie Journal and given to secretary proof of mailing to neighbors. Mr. Paul Pilon, architect for the project spoke on behalf of the owners. He stated that applicants inherited the property about 8 months ago – it is a two family unit – at the present time the third level is being used by the occupants of the second floor apartment. Because of the existing roof configuration and a lack of maintenance prior to them obtaining the property – the roof has been leaking on the upper level and it has damaged the roof, the roof structure and a good portion of the second floor apartment (walls and ceilings). Since the building does need a roof – the applicants are proposing to reframe it so that they can correct some of the deficiencies that are collecting water and make a better roof that sheds water – they will not be changing the footprint of the building – there will not be any additions out the sides, etc. As it currently exists the second floor unit cannot be rented – there is too much damage. They are estimating that the repairs will be about $100,000.00. In addition to that the expenses for the building are running about $25,000.00 per year and being limited to only one unit the income from the building is about $13,000.00 per year. Applicants would like to get the variances to get the third unit in and offset the expenses. The area variance for the apartment is 163 sq. ft. however, all of the rooms that will be used for the unit do comply with the residential code of the State of New York. As far as the lot size variance – the applicants would like to point out that there is sufficient room behind the building on the lot as it currently stands for at least 6 vehicles and the building does exceed the minimum parking requirements (required for 3 apartments is 4.5 or 5 spaces). He also stated he does not feel the request will have an impact on the neighborhood as the use is still residential. Mr. Frink asked if there was presently dwelling space in the attic and Mr. Pilon answered the space may have a current Certificate of Occupancy – he is not sure – again he is stating that there