2005-05-10 - Laserfiche WebLink

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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 5/10/05 Presem: Lloyd Frink, Chair, Susan Ruder, Vice Chair, Scott Davis, Newell Russell, Frank Baressi, Village Attorney Viglotti and Mary Ann Loncto, Secretary Absem: George Dansereau Others Present: Mark Metzger Dennis Suraci Charlotte Visentin Rob Barresi Meeting was called to order at 7:30 p.m. Secretary took roll call. Mr. Dansereau was absent. Mr. Frink welcomed Mr. Baressi as an alternate to the Board and stated a letter of appreciation should be sent to the Village Board thanking them for appointing Mr. Baressi. Mr. Frink made a motion to go into Executive Session at 7:30 p.m. - seconded by Ms. Ruder. On roll call vote - Mr. Baressi - Aye, Ms. Ruder - Aye, Mr. Frink - Aye, Mr. Russell - Aye and Mr. Davis - Aye. Board returned to regular session at 7:45 p.m. It was noted that no official business was conducted in Executive Session. DUTCHESS COUNTY ARC - 17 UPPER HENRY STREET First on the agenda was a discussion with Dutchess County ARC requesting an Imerpretation of the words "from yard" and "from yard setback" for their property located at 17 Upper Henry Street. Mr. Frink stated he was in receipt ora letter from Goldstein and Metzger, LLP dated February 17, 2005 (copy of latter on file in the Planning/Zoning offices) Letter requests an interpretation from the ZBA of the words "from yard" and "from yard setback". Mr. Suraci stated he as looking for a better imerpretation of Section 151 - 19(D)(2) of the Zoning Ordinance which states "parking spaces or access thereto shall not be located in any required from yard, except for entrance and exit drives ....... "When applicams met with the Planning Board they wanted an imerpretation of this section - applicant had delineated on the plan the first 15 ff. as from setback and beyond that - there was vehicle parking. The Planning Board wanted to make sure they were looking at this portion of the code correctly. Mr. Frink stated that the Planning Board had sent an imeroffice memo to the ZBA asking them for an imerpretation of the words "from yard" and "front yard setback" - the ZBA responded informally to the Planning Board. There has been no formal application. The only formality for application ofimerpretation is the aforementioned letter from Mr. Metzger. There has never been a formal application for Interpretation submitted. It was stated that applicam's had received a subdivision approval. Mr. Frink were on to state that the ZBA's response to the Planning Board was for the applicam to make formal Imerpretation application. Therefore, he is viewing the discussion tonight as an informal discussion. Applicam stated that in the Zoning Ordinance it references any "required