2005-11-22 - Laserfiche WebLink

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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 11/22/05 Present: Lloyd Frink, Chairmma, Scott Davis, Newell Russell, George Dansereau, Alien Firstenberg, Lou Viglotti, Attorney, and Mary Ann Loncto Others Present: Don Miller Theresa Noviek Diane Hogan Arnold Restivo Michael Novick Anne Kirtley Walter Hogan Patficia Restivo Meeting was called to order at 7:30 p.m. First item on the agenda was clearing up the minutes of June 7, 2005 regarding 17 Upper Henry Street. Mr. Frink stated he had received a phone call from Dennis Suraci who is the Architect of record for that project. He had a question on the minutes that were previously approved for that meeting. There are three people present at the meeting tonight which were also part of the June 2005 meeting. Mr. Frink feels they are the only ones who should have a voice in this · discussion. On page 5 of the above mentioned minntes - it stated in part" ..... Mr. Frink · made a motion that interpretation of"required front yard" and "front yard" as it pertains to Section 151-19(D)(2) is the same...." And it should state ". ..... it is not the same ..... " Mr. Frlnk made a motion to amend the minutes of the June 7, 2005 minutes and insert thee word not in the second sentence on page 5. Motion seconded by Mr. Davis. On roll call vote - Mr. Frink - Aye, Mr. Russell - Aye and Mr. Davis - Aye. The next item of business - with the resignation of Ms. Ruder the Board needed to cOnsider a member for Co-Chairman. Mr. Frink suggested the Board wait until next month when Mr. Barresi was in attendance. NOVICK~ 28 MARKET STREET First item on the agenda was the public hearing on the request of Frank Novick seeking a variance from Section 151-19 of the Zoning Code - Parking Requirements and a variance fi-om Section 151-16 of the Zoning code - rear setback (required is 25 ft. and requested is 16 ft.) for a proposed building (6 apartments upstairs and 5 storefronts downstairs) at 28 Market Street. Mr. Don Miller from Richard Barger's office represented applicant. Mr. Miller gave secretary copies of affidavit from Poughkeepsie Journal dated November 4, 2005 and receipts of the registered mailing. Secretary stated Dutchess County Dept. of Planning had responded to the zoning referral with a "matter of local concern" comment. Mr. Miller stated the footprint is slightly larger than the original building. (Original building was destroyed by fire). He also stated parking would be on an empty lot across the street which is also owned by the applicant. Mr. Frink asked Mr. Miller to look at the chart on page 2 of his submission -he specified that a 1 ft. side yard was required - Mr. Ffink stated and is not 1 ft. but actually a footnote #1 which states, "When a lot line coincides with, or is within twenty five feet of the boundary of a residence district, the required yard shall be ora width determined by the Planning Board as adequate to provide for the screening required under 151-13(B)." Applicant stated they are actually