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MINUTES OF THE ZONING BOARD OF APPEALS MF, ETING HFJ,B 5/9/96 Present: Frank Barresi, Vice Chairman, Allen Firstenberg, Scott T. Davis. George Dansereau, Floyd Hood and Mary Ann Loncto, Secretary ' Absent: Lloyd Frink Others Present: Kevin Brutting JoAnn Raffaele Michael Novick Paul Pilon George Kolb Meeting was called to order at 7:30 p.m. Francis Farrell Teresa Novick Stephen Burns John Zuccaretti James Horan, Esq. _SCOTT AND BARBARA DAVIS~ 44 LISS RO/~r~ First on the agenda was the public hearing on the request of Scott and Barbara Davis, 44 Liss Road seeking an area variance from the sideline requirements to be able to conslruct a deck in the rear of 44 Liss Road - required is 15 ft. and provided will be 13 ft. Mr. Davis who is a member of the Zoning Board of Appeals recused himself from discussion and subsequent voting on this matter. Applicant presented board with legal notices which were mailed on April 12, 2006 and an affidavit from the Southern Dutchess News stating his legal notice was printed on April 12, 2006. Secretary informed Board that Dutchess County Dept. of Planning had responded to the zoning referral with a "matter of local concelTl' Mr. Davis stated he wanted to remove his old deck which was in a state of disrepair and replace with a new deck. His old deck was 12' x 12' and he wanted to make it four feet bigger - 12' x 16'. The house was there before zoning and is non-conforming - the edge of the deck will line up with the edge of the house. Mr. Davis presented the Board with a sketch plan of his proposal. After some informal discussion regarding the plan, Mr. Dansereau made a motion to close the public hearing, seconded by Mr. Firstenberg. On roll call vote - Mr. Dansereau - Aye, Mr. Firstenberg - Aye, Mr. Hood - Aye, Mr. Barresi - Aye. Mr. Barresi made a motion to approve the variance with the following factors considered: there is no undesirable change to the character of the neighborhood or detriment to nearby properties, that the variance is not substantial (only asking for a 2 ft. variance), that the house predates zoning, that the benefit to the applicant cannot be achieved by a feasible alternative, that the alleged difficulty was not self-created and that the variance would not have an adverse impact on the physical or environmental conditions to then neighborhood Mr. Dansereau seconded the motion. On roll call vote - Mr. Barresi - Aye, Mr. Dansereau - Aye, Mr. Hood - Aye and Mr. Firstenberg - Aye. TERESA NOVICK~ 28 MARKET STREET