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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 2/10/04 Present: Lloyd Frink, Chair, Susan Ruder, Vice Chair, Dave Crawford, Mike Kocan, Newell Russell, Mary Ann Loncto, Secretary and Village Attorney Viglotti Others Present: Dennis Suraci Steven Constable Eileen Sassmann Ariane DeVizio Crys McCuin Marie Fitzmaurice Steve Devizio Meeting was called to order at 7:30 p.m. Clerk took role and all present. Mr. Frink made a motion to go into Executive Session, seconded by Ms. Ruder. Roll call vote required by procedure: Mr~ Frink - Aye, Ms. Ruder - Aye, Mr. Crawford - Aye, Mr. Kocan - Aye and Mr. Russell - Aye. Board returned to regular session at 8:00 p.m. Two actions were taken during Executive Session - both by unanimous consent. The first action was: (1) a letter will be drafted to the Village Board regarding the safe keeping of zoning files and (2) The ZBA will remain a party to active litigation in regards to Humpty Dumpty Day Care Center. Both communications will be done in writing for tomorrow's Village Board of Trustees meeting. ARC-DC~ 17 UPPER HENRY STREET Next on the agenda was the continuation of a public hearing on the request of Mauri Associates as agents for ARC-DC for property located at 17 Upper Henry Street seeking area variances (1) rear yard setback for an existing building on property and a variance from the parking requirements for a two family house. Applicant is in the process of subdividing property. Mr. Frink asked applicant if the lot would be divided into two or three lots. Applicant stated that the Village Board has agreed to accept the third lot - therefore they will be applying for a three lot subdivision. The only two variances to be considered are: (1) parking variance and (2) rear setback for the existing house. Mr. Frink stated a search of prior files revealed that there were no previous conditions or contingencies placed on this property. Mr. Frink asked applicant for a short form EAF and he stated he had not filed a short form EAF. The last issue was the question of irregularly shaped lots and now that we have a three lot subdivision - that question is greatly diminished. It was stated that required is a 25 ft. rear setback and existing is 16 ff. - therefore a 9 t5. variance is required. The second variance was a parking variance to be able to park in the front yard. Mr. Viglotti asked if there was any way to mitigate the situation and Mr. Frink stated previous testimony given was that to move the parking would be going against the contour of the land and property would be left with a large amount of asphalt for parking in the rear. Ms. Ruder stated there were concerns from neighbors regarding the parking in the front and she asked applicant if anything had been done about it. Mr. Suraci stated what they are attempting to do is move the building so