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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD 10/6/09 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Scott Davis, Allen Firstenberg, Kristina Costa, Lisa Cobb, Attorney and Mary Ann Loncto, Secretary Others Present: Charles Norman John Fenton Frank Cannizzaro Mike Berta Meeting was called to order at 7:30 p.m. Clerk took role – all present. Mr. Frink asked the Board to refer to Page 151:12.1 of the Zoning Ordinance – there is an editor’s note that has given the Board problems in the past – “Editor’s Note: Former Subsection H, which immediately followed this subsection above and dealt with two or more uses on the same lot, was deleted 2/12/97 by Local Law No. 3-1997.” – with the help of Ms. Cobb they were able to obtain the minutes of the Village Board meeting regarding Local Law #3-1997 and that section was specifically accepted which means that it was not included when the Local Law was adopted – a better way to say it is that Subsection H was accepted – it was never enacted into law – that should resolve any questions about that editor’s note in that particular requirements. Secondly, there was a memo dated September 25, 2009 from Mr. Frink to Mr. Morris, Chairman of the Planning Board (copy of memo is on file in the Planning/Zoning offices) regarding the variances requests for 2677 made by David Dookie – Mr Morris intended to introduce a motion that would declare the Planning Board to be Lead Agency for SEQRA – that did not occur at the October 1, 2009 Planning Board meeting. Mr. Dookie called the office today and stated that he would not be appearing before the ZBA as scheduled this evening. CHARLES NORMAN, 1 MARKET STREET Public hearing on the request of Charles A. Norman, 1 Market Street seeking an area variance from Section 151-16(B) from the rear setback of a proposed third level deck – required is 25 ft. and existing is 0 ft. and public hearing on the request of Charles A. Norman, 1 Market Street seeking an area variance from Section 151-16B from the rear setback of an existing deck (shop or street level) – required is 25 ft. and existing is 0 ft. It was stated that Mr. Norman had submitted his notice of publication and proof of mailing to property owners within 250 feet from subject property. Mr. Frink stated that last month there was a hearing and because he was actually projecting into Mr. Terbush’s property – it was considered a co application – should this