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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 4/6/10 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Allen Firstenberg, Bryan Murphy, Lisa Cobb (Attorney) and Mary Ann Loncto (Secretary) Absent: Scott Davis Others Present: Trustee Alfonso John Chase Jim Chase Kevin McCourt Jill McCourt Ken Saltzman Debbie Kennedy John Furst Virginia Dowd Peter Dowd Joe Sarchino Carlo Caldera Wayne Zuckerman RAY AND DEBBIE KENNEDY, 1 BROWN AVENUE First on the agenda was the public hearing on the request of Raymond J. and Debra A. Kennedy, P. O. Box 34, East Durham, NY 12423 seeking area variances to be able to subdivide parcel at 1 Brown Avenue into two lots and have existing house conform to the Zoning Code: (1) Section 151- 11(A)(1)(a) – Rear of existing garage to be rebuilt is not 10 feet high and will be more than 2.5 feet into rear setback, (2) Section 151-11(D) – Existing old 4 ft. high chain link fence is constructed at the back edge of the concrete sidewalk within the triangular area formed by the intersecting street lines and a straight line joining point on said lines 25 feet from such intersection, (3) Existing principal building – required is 15 ft. in the front and provided is 14’3” and 14’8”, (4) Existing principal building – required is 8 ft. on the side and provided is 4’6” (to porch), (5) Accessory building – required is 5 ft. sideline and provided is 2’7” and 2’ +. Mr. Frink informed applicants that the Board was one member short and if they wanted to wait until the next meeting when we have a full Board that was his option. Mr. Saltzman handed in the notices of mailing and affidavit of publication for the legal notice. It was stated that Dutchess County Planning Department had responded to the Legal Notice with a “matter of local concern” comment. Mr. Saltzman representing the applicant stated they would proceed this evening. Mr. Saltzman stated he would like to apologize for missing the last meeting – it was a miscommunication with his client. It was stated that the filed map was filed in 1887 – 6 of the 9 lots on the map are not conforming to the present zoning. Applicants would like to create a new lot and in order to meet the area requirement – use the old lot line as well as a remaining portion of the remaining property. Two of the garages on the property have been removed. They would like to rebuild the remaining garage. It was stated that all would conform on the new lot. The curb cut would be closed up and a new driveway would be constructed onto School Street and all parking spaces would be provided in the rear of the property. Parcel “A” – frontage would be Brown Avenue. Mr. Frink asked applicant why they wanted to subdivide the existing parcel and Mr. Saltzman answered Parcel B would be sold to a builder – at this time there is no contract for this lot. Mr. Frink asked applicant if they could rebuild the porch as an uncovered porch – if so they would not need a variance for it – (Section 151-11(1) (d)). Mr. Saltzman answered yes they could rebuild as an uncovered porch. Mr. Saltzman showed Mr. Frink on the plan where the curb cut and driveway would be located on the School Street side. Mr. Frink asked what the projection of the front porch stairs to the front yard was and Mr. Saltzman stated about 6 ft. The porch on the Brown Avenue side