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MEETING OF ZONING BOARD OF APPEALS HELD 7/10/05 Present: Lloyd Frink, Chairman, Susan Ruder, Vice Chair, Frank Barresi (alternate), Scott Davis, Newell Russell, George Dansereau Others Present: Bob Travis Scott Olsen, Esq. Howard Bennett Victor Momzzi Lou Viglotti Susan Bennett Meeting was called to order at 7:30 p.m. Clerk took roll call - all present. Mr. Frink stated that Board had received a notice from the Planning Board requesting to be Lead Agency for the Bethel Baptist Church project. Mr. Frink read the notice and made a motion stating that the ZBA had no objection to the Planning Board being Lead Agency for the project. Motion seconded by Mr. Dansereau. Roll call vote - Mr. Barresi - Aye, Mr. Frink - Aye, Mr. Russell - Aye, Mr. Davis - Aye and Mr. Dansereau - Aye. HOWARD BENNETT~ 8 BROWN AVENIJE First on the agenda was the request of Mr. Howard Bennett, 8 Brown Avenue seeking an area variance to be able to extend his fi.om porch - required from setback is 15 f~. and requested is 13 ft. Applicant presented to Board proof of legal notice being published and also proof of notices being sent to property owners within 200 ft. Secretary stated Dutchass County Dept. of Planning had responded to zoning referral with a "matter of local concern" comment. Applicant stated he wanted to rebuild the front porch and in the thought process - the fi.om porch is narrow and if he was going to rebuild he would like to make it more usable and make it an open from porch. He stated he was drawing measurements from the curb on the street and the house sits back about 15 % ft. from the curb and he wanted to extend it out about an additional 2 ft. - at that point it would be about 13 ~/~ ft to the curb. He also showed pictures that he was conforming to the three other houses on the street. Mr. Frink read a letter from Code Enforcement Brutting (copy of file in the Planning/Zoning offices) stating that the proposal had to be denied from his office because front porch does not meet the setback requirements for the R7.5 zone. Discussion followed regarding where the exact front property line would be and it was determined that the curb would be the front property line. Mr. Frink made a motion to close the public hearing, seconded by Mr. Dansereau. On roll call vote - Mr. Frink - Aye, Mr. Russell - Aye, Mr. Davis - Aye, Ms. Ruder - Aye and Mr. Dansereau - Aye. At this point Mr. Russell made a motion to grant the 2 ft. variance, seconded by Mr. Dansereau - Mr. Frink stated he is in favor of the motion - supporting evidence does not change the characteristic of the neighborhood, no detriment to the Village property or residences thereof and it will be a benefit to the applicant. On roll call vote - Ms. Ruder - Aye, Mr. Frink - Aye, Mr. Russell - Aye, Mr. Davis - Aye and Mr. Dansereau - Aye.