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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD APRIL 7, 2015 Present: Allen Firstenberg, Chairman, Bridget Gannon, Vice Chair, Rachel DiGrazia, Heidi Murphy, Frank Barresi, Lou Viglotti, Attorney and Mary Ann Loncto, Secretary Absent: Hilda Duque Others Present: Trustee Komornik William Povall Frank Buyakowski Jon Adams Mr. Firstenberg informed the Board that Rachel DiGrazia had been reappointed to the ZBA for a five year period and Hilda Duque had been reappointed as the Alternate for a one year period. Secretary took roll call. Ms. Duque absent. Mr. Barresi made a motion to nominate Mr. Firstenberg to be Chairman for the next year. Motion was seconded by Ms. Gannon. On roll call vote – Mrs. Murphy – Aye, Ms. Gannon – Aye, Mrs. DiGrazia – Aye, Mr. Barresi – Aye and Mr. Firstenberg – Abstain. Mr. Barresi made a motion to nominate Ms. Gannon as Vice Chair. Motion was seconded by Mr. Firstenberg. On roll call vote – Mrs. Murphy – Aye, Ms. Gannon – Abstain, Mr. Barresi – Aye, Mrs. DiGrazia – Aye and Mr. Firstenberg – Aye. DAVIS FOWLER GROUP FOR DUTCHESS SHOPPING PLAZA, 1582 ROUTE 9 First on the agenda was the continuation of a 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 (1) previously damaged by fire located at 1582 Route 9. The area variances needed are: Minimum lot coverage – allowed is 85%, existing is 98% and proposed is 97% - therefore a (2) Frontsetback (principal) 12% variance is 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 (3) Front Setback (Secondary) ft. setback variance is 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. (4) Side Setback variance is requested for 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. (5) Building height setback variance is 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. William Povall, Engineer and Mr. Frank Buyakowski owner of the plaza were present. Mr. Firstenberg stated that the Board had received the zoning referral from Dutchess County Department of Planning stating a “matter of local concern” comment. Mr. Povall stated that he had gone to the Planning Board on April 2, 2015 and received comment letters from both KC Engineering and Greenplan and will be working on these comments. He also stated at this time there is no changes to the plan but would like to point out that in Greenplan’s comment letter in addition to the five requested variances – there should be a sixth one that the applicants should be seeking and that is for parking location – uncovered parking is only permitted in the third lot layer, i.e., it is not permitted in front of the building or within 20 ft. of the front façade