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MINUTES OF ZBA MEETING HELD MAY 11, 2010 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Allen Firstenberg, Bryan Murphy, John Kozak (Alternate), Lisa Cobb, Attorney and Mary Ann Loncto, Secretary Absent: Scott Davis Others Present: Joe Sarchino John Furst Wayne Zuckerman Carlo Caldara Ray Kennedy Trustee Alfonso Meeting was called to order at 7:30 p.m. Mr. Frink welcomed Mr. John Kozak as an Alternate Member to the Board. RIVERBEND II, MYERS CORNER ROAD First on the agenda was the continuation of a public hearing on the request of Sterling Acquisitions Group, LLC, 600 South Livingston Avenue, Livingston, NJ 07039 seeking the following area variances relating to two buildings constituting a proposed project known as Riverbend II, a 54 unit luxury apartment complex with internal garages to be located on the southerly portion of an 8.6 acre parcel identified as tax parcel number: 6158-20-779013, with frontage on the north side of Myers Corner Road across from and just west of its intersection with Losee Road – Height Variances from Section 151-16(B) of the Zoning Ordinance: (1) Proposed building height in feet – allowed is 40 feet and proposed is 49 feet, 6 inches and (2) Proposed number of stories – allowed is 3 stories and proposed is 4 stories. Mr. Frink stated in regard to the proposed sign he had received an electronic communication from Mr. Morris, Chairman of the Planning Board stating his objection to allowing the up lighting of the proposed sign. Mr. Frink responded to the communication stating that he would introduce Mr. Morris’ concerns into the record. After the communication was received the applicants through their attorney wrote a letter to the ZBA dated April 19, 2010 (copy of letter is on file in the Planning/Zoning offices) stating that they are withdrawing their request for two variances relating to signage. Mr. Furst stated that the Dutchess County Department of Planning had responded to the Zoning referral with a “matter of local concern” and that there was no one from the public who showed up having any objection to the variances. Mr. Frink stated under the current code – if the basement precludes use as habitable space there is room for an interpretation that that would not be counted towards the number of stories – there is a proviso that the interior ceiling height would have to be 5 ft. or less – with that being said – could you give me a sense of the interior ceiling height of the first elevation in regards to average terrain and Mr. Joe Sarchino the Engineer for the proposal answered – Mr. Frink stated the reason for this line of questions is twofold – the first is for a concern over time – say 25-50 years from now that the first elevation be converted into habitable space and if it was deemed to be a basement – that would be precluded and the Board could attach comments onto the resolution that would prevent that – but the Village more or less does have an issue with space that clearly – by design intent – not to be habitable or converted into habitable space. The second reason for the line of question – in the