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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD 3/10/15 Present: Allen Firstenberg, Chairman, Bridget Gannon, Vice Chair, Rachel DiGrazia, Heidi Murphy, Hilda Duque, Lou Viglotti(Attorney) and Mary Ann Loncto, Secretary Absent: Frank Barresi Others Present: Trustee Huber Frank Buyakowski Bill Povall Robert Lackaye, Attorney DAVIS FOWLER GROUP FOR DUTCHESS SHOPPING PLAZA First on the agenda was the public hearing on the request of Davis Fowler Group, LLC, 25 Corporate Park Drive, Ste., C, Hopewell Junction, NY seeking the following area variances to be able to enlarge and rebuild sections of the Dutchess Shopping Plaza that were previously (1) Minimum lot damaged by fire located at 1582 Route 9. The area variances needed are: coverage – allowed is 85%, existing is 98% and proposed is 97% - therefore a 12% variance is (2) Frontsetback (principal) requested, – allowed is 2 ft. min/12 ft. max, existing is 43.8 ft. to 90.1 ft., and proposed will range from 55.2 ft. to 90.1 ft. – therefore a 78.1 ft. setback variance is (3) Front Setback (Secondary) requested. – allowed is 2 ft. min/12 ft. max., existing is 68.3 to 107.0 ft., and proposed is a maximum of 107.0 ft. – therefore a 95.0 ft. variance is requested for (4) Side Setback the existing setback. – allowed is 0 ft. min/24 ft. max., existing is 47.4 ft. to 54.6 ft., proposed is 49.3 ft. to 70.2 ft., - therefore a maximum 46.2 ft. setback variance is (5) Building height requested. – allowed is 72 ft. max. (2 stories min. /6 stories max), existing is 1 story and proposed is 1 story – therefore a one story variance is requested. Mr. Frank Buyakowski owner of the plaza, Mr. Bill Povall, Engineer for the project and Mr. Robert Lackaye, Attorney for applicant were all present. It was stated that proof of publication in the February 26, 2015 edition of the Poughkeepsie Journal was submitted and Certificates of Mailing the legal notice the required 14 days before the meeting (mailed on February 24, 2015) was also submitted. It was further stated that there are no outstanding debts owed to the Village and no known violations. Mr. Povall stated that this project was submitted to the Planning Board for discussion at their March 5, 2015 meeting but in order to continue with the Planning Board, there are four (4) variances that the proposed action will require. The southern end of the plaza is proposed to be replaced due to fire damage. The owner is proposing to replace this 9,066 sq. ft. portion of the building with a 7,381 square foot building that is to be shifted back away from Route 9 to improve parking and parking lot access in that area. As part of the rebuild, the curbs, sidewalks and pavement will be modified as shown on the amended site plan. The north end of the plaza which was occupied by Domino’s Pizza, was destroyed by a fire last year. That portion of the existing building has been removed and a concrete slab foundation remains in that space. This 1,389 sq. ft. section of building is proposed to be reconstructed with a 1,624 sq. ft. attached structure. A slight change to the building configuration is proposed to accommodate the reconstruction and provide more efficient space. Because of the reconstruction – the following variances will be needed: (1) the requirements for a front setback (principal) in the CMU district is 2 ft. min/12 ft. max. The current pre existing non conforming front yard setback to Route 9 ranges from 43.8 ft. to 90.l ft. This setback is to the southern fire damaged portion of the building. With the proposed rebuild of this portion of the building, the new setback will range from 55.2 ft. to 90.1 ft. With a maximum setback proposed to remain at 90.1 ft. a 78.1 ft.