ZONING BOARD OF APPEALS TOWN OF CHESTER 1786 Kings Hwy Chester, New York September 21, 2017

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1 MEMBERS PRESENT: Vincent Finizia, Chairman Walter Popailo Julie Bell Dan Doellinger ALSO PRESENT: David Gove, Attorney Alexa Burchianti, Secretary Bob Favara, Alternate Tom Atkin, Alternate ABSENT: Gregg Fiegelson The meeting was opened at 7:00 pm by the Acting Chairman Vincent Finizia who led those present in the Pledge of Allegiance. Tom Atkin is now an alternate member of the Zoning Board. Motion made to adopt minutes from August 17, Motion made by Julie. Second by Dan. Motion carried 4-0 Motion to open Public Hearing: Motion made by Julie Bell. Seconded by Dan Doellinger. Motion carried 4-0 DAVID ANNUCCI PUBLIC HEARING First item on the agenda is an area variance for 8 for a swimming pool. The property location of the application is 24 Pewter Circle. Let the record reflect that the proper notice was placed in the Times Herald Record and that proper mailings were mailed out. Letter of support read into minutes:

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3 Anyone to speak for or against the application. Bill Valazquez 28 Pewter Circle spoke for the application. Mr. Valazquez stated there is a big tract of land behind the property and is for the application and has absolutely no impact. Let the record reflect no one else spoke for or against the application. Counsel for Zoning Board Dave Gove, Application before the board by David and Melissa Annucci, seeking a variance of Section 98 the Zoning Ordinance of the Town of Chester as it pertains to the applicants property located at 28 Pewter Circle, Chester NY also known as section 34 Block 2 Lot 15, on the tax map of the Town of Chester, NY, located in an SR-2 district, seeking an area variance to permit a rear yard setback of Seven (7) feet, for the installation of a proposed swimming pool, where the Town Code requires a rear yard setback of fifteen (15) feet. In making the determination whether to grant or deny this variance the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted is weighed against the detriment health, safety and welfare of the neighborhood or community by said such grant. In making the determination the board shall consider the following: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created. Chairman Vincent Finizia: 2. Whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than the area variance. Chairman Vincent Finizia: 3. Whether the requested area variance is substantial.

4 Chairman Vincent Finizia: ZONING BOARD OF APPEALS 4. will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Chairman Vincent Finizia: 5. Was the alleged difficulty self-created. Chairman Vincent Finizia: Motion made to grant area variance. Motion made by Dan. Second by Walter. Motion carried 4-0

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8 Motion to open Public Hearing. Motion made by Julie. Second by Walter. Motion carried 4-0 DMTRY LIBMAN PUBLIC HEARING Let the record reflect that the proper notice was placed in the Times Herald Record and that proper mailings were mailed out. First item on the agenda is an area variance for 9 6 side yard setback, for an addition to the house. The property location of the application is 1 Arthur Rd. S/B/L Peter Manouvelos from LAN Associates representing Mr. Libman. Let the record reflect no one spoke for or against the application. No letters were mailed in that were for or against the application. Counsel for Zoning Board Dave Gove, Application before the board by Dmtry Libman, seeking a variance of Section 98-9 the Zoning ordinance of the Town of Chester as it pertains to the applicants property located at 1 Arthur Rd, Chester NY also known as section 20 Block 3 Lot 8 located in an SR-2 district, seeking an are variance to permit a side yard setback of 5 (five) feet 6 (six) inches, for the construction of a proposed two (2) story addition to an existing house where the Town Code requires a side yard setback of fifteen (15) feet. In making the determination whether to grant or deny this variance the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted is weighed against the detriment health, safety and welfare of the neighborhood or community by said such grant. In making the determination the board shall consider the following: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created. Chairman Vincent Finizia: 2.Whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than the area variance.

9 Chairman Vincent Finizia: ZONING BOARD OF APPEALS 3. Whether the requested area variance is substantial. Chairman Vincent Finizia: 4. Will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Chairman Vincent Finizia: 5. Was the alleged difficulty self-created. Chairman Vincent Finizia: Motion made to take a roll vote. Motion made by Walter. Second by Julie. Motion carried 4-0 Roll Vote as follows: Chairman Finizia: Yes Yes Yes Yes

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13 Area variance GRANTED. Motion to Close the Public Hearing. Motion made by Walter. Second by Julie. Motion carried 4-0 Meeting adjourned Respectfully Submitted, Alexa Burchianti ZBA Secretary