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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD JUNE 7, 2016 Present: Allen Firstenberg, Chairman, Rachel DiGrazia, Frank Barresi, Heidi Murphy, Hilda Duque, Lou Viglotti (Attorney) and Mary Ann Loncto (Secretary) Absent: Bridget Gannon Others Present: Dave Stenger Richard Cantor Marie Bettenelli Meeting was called to order at 7:30 p.m. Secretary took attendance. Ms. Gannon absent. Mr. Firstenberg stated that Mr. Barresi was reappointed to the ZBA by the Board of Trustees at their reorganization meeting for a five year term. Ms. Duque was reappointed as alternate for a one year term. Mr. Firstenberg stated since there is not a full Board this evening, appointment of Chair and Vice Chair would be done at next month’s meeting. 6-20 MARSHALL ROAD, LLC FOR 6-20 MARSHALL ROAD First on the agenda was the public hearing on the request of 6-20 Marshall Road, LLC (David Stenger), P. O. Box 1670, Wappingers Falls, NY seeking the following area variances to be able to construct a three story, 24 unit apartment building at 6-20 Marshall Road which is in a CMU zoning district and identified on the tax map as: 135601-6157-07-735965: (1) Article 2, Table 2F of the Zoning Ordinance requires a frontage build out to be 80% minimum and applicant requesting 39% requiring a 41% variance, (2) Article 2, Table 2F of the Zoning Ordinance requires a side setback of 24 ft. maximum and applicant is requesting a 54 ft. side setback on the left side of the parcel requiring a 30 ft. variance and (3) Article 2, Table 2F of the Zoning Ordinance requires a side setback of 24 ft. and applicant is requesting 223 ft. side setback on the right side of the parcel requiring a 199 ft. variance. Mr. Dave Stenger, owner of the property and Mr. Richard Cantor, Attorney were present. Applicant submitted his “Certificates of Mailing” and proof that legal notice appeared in the May 24, 2016. It was also stated that Dutchess County Department of Planning had responded to the legal notice with a “Matter of Local Concern” comment. For the record Mr. Firstenberg stated that the applicant is also involved in another project in the Village that is across the street from his house and next door to another ZBA member. He does not see a conflict of interest in hearing this case but wanted to make the public aware of this. He asked applicant if he saw a conflict of interest and Mr. Cantor stated that the applicant does not see a conflict of interest but wanted to thank the Chair for this information. He went on to state that the Planning Board had granted Conditional Site Plan and Special Use Approval at their last meeting with one of the conditions being that applicant sought and received the above mentioned variances. It was also stated that the Planning Board had issued a Negative Declaration at their last meeting – so that SEQRA has been completed. Mr. Stenger then explained his project to the Board. The project is located within the CMU (Commercial/Mixed Use) zone. The property is a long piece of property and given the narrowness and topography of the site, this variance will allow the owner to construct a residential development that is consistent with zoning and area land uses and provides sufficient parking with the required storm water maintenance area. Mr.