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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD 9/8/2015 Present: Allen Firstenberg, Chairman, Rachel DiGrazia, Hilda Duque, Lou Viglotti (Attorney) and Mary Ann Loncto (Secretary) Absent: Frank Barresi, Bridget Gannon, Heidi Murphy Others Present: William Povall Trustee Huber 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 (1) were 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 (6) Off streetparking requested. – not permitted in front of the principal building or within 20’ of the front façade of the principal building. Mr. William Povall, Engineer for the project was present. Mr. Firstenberg informed the applicant that there is not a full Board this evening and in order for any approvals to be granted – it would have to be a unanimous vote from the entire Board. It was the applicant’s choice to either proceed or wait for the next meeting where there may be a full Board. Mr. Povall stated he would like to proceed. It was stated that the Planning Board, at their September 3, 2015 meeting adopted a negative declaration for this project and the SEQRA review was closed. Mr. Firstenberg asked the applicant if there has been any significant changes to his plans since he was before the ZBA in April and Mr. Povall stated nothing has changed with the footprint or the parking but they have been working with the Planning Board regarding the elevations. It was further stated that the owner of the plaza is in a lease agreement with Auto Zone for the southern most end of the plaza. Mr. Firstenberg asked if the entire southern portion of the building which was destroyed by fire will be a tear down and Mr. Povall answered yes – so much damage including the frame melting from the fire that the entire portion needs to come down and be rebuilt. Trustee Huber stated he is in favor of the project and would like to see it get started as soon as possible. Mr. Povall stated he would be rebuilding approximately 33% of the building including the north end where Dominos was also destroyed by fire. Mr. Firstenberg stated that being 2/3 of the building will be existing and they will have to work around that portion that is existing – the need for the variances is understandable. Ms. Duque asked Mr. Povall the reason why he does not want to do two floors and Mr. Povall answered that the existing building is a one story structure and to put two stores on the end would not “flow” with the existing building. It would look odd. It is more of a functionality.