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659 - ZON:NG BOARD OF ApPEALS TOWN OF WAPPINGER TOWN HAL.L. WAPPINGERS FALLS. NEW YORK 121590 REC.EIVED MAR 1 0 1983 ELAINE H. SNOWDEN Tn. 297.6257 March 9th, 1983 Kat.""-"'Y11 :\bbott Route 9D Eugnsonville, NY 12537 RE: Appeal # 659 .. i I J Dear Mz. Abbott: At the Zoning Board of Appeals' Mar~ 8th, 1983 meeting, a motion was made by Mr. Urciuo1i, seconded by Mr: Cortellino, to grant your request to allow lor the:' subdivision of a legally ncn-confonning lot already occupied by buildings which would result in non-conformity as to sideyards. The motion was unanimously can'ied by those me'mbers present. : Very truly yours,. ~~1~ Lorraine T. Crosby; secr~ Zoning Board of Appeals ltc cc: Harold Reilly, Esq. ~ Elaine Snowden, Town Clerk Hans Gunderud, Zoning:Administrator Tom Logan, Assessor ZONING BOARD OF ApPEALS TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12!51K) TIEL. 297.62!57 LEGAL NOTICE PLEASE TAKE NOT ICE THAT THE ZONING BOARD OF APPEALS OF THE TOWN OF WAPPINGER WILL HOLD A PUBLIC HEARING PURSUANT TO SECTION 513 OF THE TOWN OF WAPPINGER ZONING ORDINA..~CE. APPEAL # 659 AT THE REQUEST OF KATHRYN ABBOTT, SEEKING A VARIANCE OF ARTICLE IV, SECTION 404.5 AND 411.2 OF THE TOWN OF WAPPINGER ZONING ORDINANCE, TO ALLOW FOR THE SUBDIVISION OF A LEGALLY NONCONFORMING LOT AND TO ALLOW FOR THE SUBDIVISION OF A LOT ALREADY OCCUPIED BY BUILDINGS WHICH WOULD RESULT IN NON- CONFORMITY AS TO SIDEYARDS, WHERE 20 FT. IS REQUIRED AND ONLY 3 FT. AND 6 FT. WILL EXIST, BEING PARCEL # 6157-01-033603, IN THE TOWN OF WAPPINGER. SAID HEARING WILL BE HELD ON THE EIGTH DAY OF MARCH, 1983, AT THE TOWN HALL, MILL STREET, WAPPINGERS FALLS, NEW YORK, BEGINNING AT 8:00 P.M., AT WHICH TIME ALL INTERESTED PERSONS WILL BE GIVEN AN OPPORTUNITY TO BE HEARD. ~IGNED: CAROL A. WADDLE, CHAIRPERSON ZONING BOARD OF APPEALS TQ';';N OF WAPPINGER DATED: FEBRUARY 18TH, 1983 TOWN OF WAPPINGER NOTICE OF APPEAL Appeal No. Date February 14, 1983 Appellant KATHRYN ABBOTT Home Mailing Address Route 90, Hughsonvi11e, New York Zip Code: 12537 Tel. #: 297 -3800 TO THE BOARD OF APPEALS: I. Kathryn Abbott ,appeal from a decision of the Zoning Inspector, dated January 31 ,19-8.L, and do hereby apply to the Zoning Board of Appeals for: []I A VARIANCE, 0 A SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Route 90 (street &. no.) 6157-01-033603 , Town of Wappinger, N.'Y. (wning dist.) (grid no.) -ArhGk~. 1. PROVISION(S)OFTHEZONINGORDINANCEAPPEALED. Sectlon 404.5 and 411.2 (see 1\ 10 C\ \~ior ~ <,;w\0.lV\S((,."" oft{ l~q~ ""''\.\f letter of Zoning Administrator annexed hereto) (,."'" i'o"I." 0 '"'~ G\ '-"'""' . ~.tt./ " .. ~ (article. section or subsection and paragra;1h) , ~ ~~~:..1f ~~, ~ftf~) l1~'\~';\~ ~~ vJJ. ru.",\t ,,J ~{.sY~~ ~i -tv s,~, l":'~ ~(is ~....~ 2. TYPE OF AP~EAL (Com~~ ~vant section). * a. A VARIANCE IS REQUEStED for the following reasons: 1) Strict application of the Zoning Ordinance would produce undue hardship because: (See ri de r a tta c hed ) 2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property and in this district because: (See rider attached) . 3) The variance would observe the spirit of the Ordinance and would not change the character of the district ~me: (See rider attached) b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article , section or subsection , paragraph of the Zoning Ordinance to pennit the following use on the above premises: c. INTERPRETATION of the Zoning Ordinance is requested became: d. AGGRIEVED PERSON(S) an appeal is requested because: J/O 3. OTHER REMARKS: (Use extra sheets if necessary) Signat / · The required plan must accompany the Notice of Appeal. APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL NOTICE IN THE LOCAL NEWSPAPER. .~.. _.1, (ot) 7't\!~~1 " Rider to Notice of Appeal - Kathryn Abbott, Apoellant I, Ii The premises are located on the southerly side of Route 9D, Hughson- ville, Tm'in of Wappinger, Dutchess County, New York. The premises were acquired by applicant1s parents, George W. Abbott and Violet Abbott on February 1, 1909. The property is improved with two structures. One has been leased and operated as a gas stetion and motor vehicle repair shop. Until recently, the second structure has been used by applica~t as a hardware store. Because of age and death of her sister and co-owner, applicant has been unable to i conti nue the operati on of a store in t1ii= seccnd structure. A variance of Sections 404.5 ~nd 411.2 of t~e Zoning Ordinance is I requested to permit the s~bdivision of this parcel ~ for the follo~1ng r~asons: (1) Strict application of the Zoning Ordinance would produce I. .' :i undue hardship because it is a practical impossibility to sell the two struc- , tures as a single unit. The tenant occupying the garage portion of the premises has occuppied the same for many years and has had an informal but I : morally binding option to purchase the same. In fact, a contract of sale of I that portion has been executed. However, he does not have the finances to purchase or the ability to utilize the second structure. Applicant also has a possible purchaser for the structure i formerly operated as a hardware store. This prospective buyer has no interest i I in purchasing the portion of the premises improved with the gas station. .- I~ fact~ it is impossible to sell as one parcel. (2) The hardship is unique and is not shared by all properties in the immediate vicinity of this property and this district because it is the only parcel known to applicant that has the proble~ of two independently used structures on one parcel. Like most of the struc~ures in Hughsonville, th~y Kathryn Abbott, Appellant -2- February 15, 1983 are very old and do not conform with present ordinances with respect to side- ! lines, building coverage, maximum floor area, etc. Unlike most of the other properties, the parcel has never been divided so that each structure is situ- ate on a separate parcel. (3) The variance would observe the spirit of the ordinance and would not change the character of the district because the district almost , I I " developed around these blo structures. In ether words, they are very old and are similar to the bulk of the other structures in the vicinity. If the I, requested relief is granted, it would merely place each building on a separate, :: lot and wou1 d not effect the character of the communi ty. II 'I / li , I , ' .. OFFICE OF THE ( . ZONING ADMINISTRATOR TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. N. Y. 12!S90 TEl.. 2Q7.e2ee January 31, 1983 Harold Reilly, Esquire 107 East Main Street Wappingers Falls, New York 12590 RE: Abbott property subdivision Dear Hr. Reiliy: I have reviewed the submitted subdivision map on the Abbott property in Hughsonville and find that there are and will be several variances of zoning regulations on the property. Basically the property is not considered a non-conforming use per Section 404.5 of the Zoning Ordinance but that section states no change shall occur which will result in the increase of any such (dimensial) non conformity. The lot is non-conforming in that: 1. a front yard setback of 75' is required - only 5' exists 2. sideyard setbacks of 20' is required - only 2' and 5' exists 3. a total' building coverage of 2279 square feet is permitted where 4220 square feet exists 4. a maximum floor area of 3419 square feet is permitted where 6244 square feet exists subdividing the lot will result in an increase of such non-conformities. In addition, the southerly lot will only have 41' lot width where 50' is U.0' r.j ~-:iF:'-::.l for the NB zone and the ne\..' 5ubci vision line between the existing buildings will create a 6' and 3' sideyard where 20' is required. Therefore a variance request should be submitted for Section 404.5 to "permit the subdivision of a legally non-conforming lot" and for Section 411. 2 "to allov.' for the subdivision of a lot already occupied by buildings which will result in nonconformity as to sideyards, where 20' is required and only 3' and 6' will exist. ......'.j \._ l. 't ::,'C': .. :;;:':c. .~j Q fee } s rcqu ired \o.'i th the c.:'.JLJ. ::'Cc.: :.::'on. . ~ Sincerely, Hans R. Gunderud Building Inspector & Zoning hd~inistrator EF~G/dlh encl. cc: Zoning Board of Appeals ge Door' Furniture 6156-02-777824 ZONING BOARD OF APPEALS TOWN OF WAPPINGER ACTION ON APPEAl... RECEIVED -" Appeal No. fiAO JUN 21 1983 Dated June 20th. 1983 ELAINE H. SNOWDEN Appellant Murrav Ackerman Pouqhkeepsie. NY 12603 Address Clouer IIill At a meeting oftheZoning Board of Appeals on June 14th ,19 83 ,AppealNo.680 was considered and the following action on the request for: KI A VARIANCE. 0 A SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE. 0 AN APPEAL AS AN AGGRIEVED PERSON(S). was taken: 1. VARIANCE: By resolution of the Board. it was determined that strict application of the Ordinance 0 would 0 would not produce undue hardship for these reasons: . . a. The property in question 0 would 0 would not yield a reasonable return if limited to the use permitted under the Ordinance, because: . :-' - .. ..'~' :. . .., 'f' b. The hardship created 0 is 0 is not unique and 0 would 0 would not be shared by all properties alike in the vicinity of the property and in the same use district. because: c; The variance 0 would 0 would not change the character of the district. because: . ;<<~,_:": ";,"'. . Therefore. it was further determined that the requested variance il bs-graRted ID be denied a.'1d that the previous decision of the Enforcement Officer ID be confirmed Q-be-feYeFSecb PLEASE SEE ATTACHMENT. 2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit 0 be granted 0 be denied. pursuant to article , section or subsection . paragraph of the Zoning Ordinance and. therefore, the decision of the Enforcement Officer 0 be reversed 0 be confirmed. because: 3. INlERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning Ordinance as requested in your appeal: 4. AGGRIEVED PERSON(S): By resolution of the Board. the following decision was made on your appeal: ~vgJ~ - C-bftirman., Zoning Board of Appeals CHAIRPERSON, Appeal # 680 -2- June 20th, 1983 At the June 14th, 1983 meeting of the Zoning Board of a motion was made by Mr. Cortellino, to deny the variance. motion was seconded by Mr. Caballero. Vote: Mrs. Waddle - abstained Mr. Cortellino - aye Mr. Urciuoli - aye The motion was carried. Appeals, The Mr. Caballero - aye Mr. Landolfi - aye (Mrs.) Carol A. Waddle, Chairpers" -'..,....--"._..,-..._---_._-_._~--_.._.._---_.__._----_.~~....- . . ,J ~ ./" TOWN OF WAPPINGER NOTICE OF APPEAL Appeal No. (p ?- () Date (~~~/ ~3 ApPellant /1 t/ If,e A- V A c ;(;.;=,e IS/ 1+ IIf ./tJtJ(j'!I;(~;e/e/1t . AI ~f Home Mailing /J J /I i/ ...../J Address (; / (/ y"C"rc Zip Code: / d ~tJ 3' )h// Tel. #: 4A -A C:4/ TO 1'HEJJOARD OF APPEALS: J. . 11 ~ If ~ AF /I- c !Wtf 1'1/ III ( , appeal from a decision of the ZsJoing Inspector, dated . , 19-='--- , and do hereby apply to the Zoning Board of Appeals for: IS3 A VARIANCE, 0 A SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVEDPERSON(S)(checkproperone),inconnectionwithpremiseslocatedat OlD. tftJ(J~ II/IRe AllfJ NINE I' 4- (street & no.) H 6 z A <t?l)~" 0 z... .... 111 g ~ , Town of Wappinger. N.Y (zoning dist.) (grid no.) , '1. PROVISION(S)OFTIrnZONINGORDINANCEAPPEALED Art~\-<: -n:z: ~-tt~4t~. S--n 10 ~\\~ frr (;\ '~~rJ M <'\ bv\,\J;~) ~,,~~ Wl\\ ~e/ 3 .feet- ~~( ~tJ~'l6o ~~ . {e~ W e\~"" ~ev~ ~ 2--fo~I\~~~b~~and;~1~ -fee*- l~ ~ec~~11d . X~2- TYPE OF ~PEAL (Complete relevant section).. . a. A VARIANCE IS REQUESTED for the following reasons: 1) Strict application of the Zoning Ordinance wouW prqduc~ undue hardship because: ~~~ 2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property and in this district because: c. INTERPRETATION of the Zoning Ordinance is requested because: d. AGGRIEVED PERSON(S) an appeal is requested because: . 3. OTHER REMARKS: (Use extra sheets if necessary) Signature · The required plan must accompany the Notice of Appeal. APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL NOTICE IN THE LOCAL NEWSPAPER. Route 22 Pawling, N. Y. .12564 855-3212 Route 9 Fishkill, N. Y. 12524 897-4211 STAGE DOOR fURNITURE .~'(.J)- 1; ~~ 2.a.t) Strict application af the Zoning Ordinance would pro- duce undue hardship because. the wall on which w. want to attach our 8ign is 2700 feet square and a 100-root-square sign would not be identifiable. Z)Our naMe requires 20 spaces and, in order to be legible to fast-moving traffic, would require the letters to be 3 feet high and 60 feet long or 180 square feet which is 80 square feet more than allowed. Attached. please find affidavits from_ two of our suppliers attesting to:~he. fact that because of the large wall area, a large sign should be installed in~ order to give us the necessary recognizability. It might be of interest to note that the two suppliers submitting the letters attached are multi-million dollar companies quoting frOM the experience factors of stores simi- lar to ours across the country, and their valued expertise has help8d~U.,m~~e pr9'itable decisions. . ~Our sign will be done in good taste in keeping with the kind of furniture we .ell and .ill be lighted with flood lights. Letters will be in Clarendon (a b19~k-Jetter type) and the color will be brown. - Slt\.-sS ,,~ ~,~ lI\SU IN.1hi. ~ Graph paper to show the proper scale of the sign is also attached. The Stage Door has been open six months, and Judging from customers' complaints, they have not be.n able to easily identify our location. Customers have passed us,. stopped to pall for directions, and many times have asked why .. do"'~ have a larger 8ignllll The banner we are using temporarily is larger than the 1aO square feet requested, so if our customers have trouble finding us nOll,our financial losses would be greater 1.t a much .maller sign .ere to be installed. As of this date our six-month sales potential has not materialized, and .. attri- but. that 1n part to the lack of a sign which should clearly Identify our building and should refloct the high quality of the furniture W8 sell. T :----..--.-<. ._.-......._---...~_._..-~........~--.. '""~--"-" ~ _....,/-~,.........__:~':C;...__~_____.~ ~,.... S/1Il1J ~''''''..-'''' -..,._",o.ooc",_ ""--' ~R. 3 0 1985 NORTH HICKORY FURNITURE COMPANY 509 11TH ST.. N.W. . P.O. DRAWER 759 HICKORY. NORTH CAROLINA 28601-0759 TELEPHONE (704) 328-1841 ~....... ...., Apri 1 28, 1983 Mr. Murray Ackerman Stage Door, Inc. Route 22 Pawling, New York 12564 Dear Murray: .. Your new store in Fishkill, New York, is beautiful e~terior and interior. This new store should generate considerable sales volume for you but I would be remiss if I did not make a constructive criticism. That is to say that the signage for this store is not proper'identity for such a fine retail furniture 'store. Lhope that you will consider this as constructive criticism and that \ . a proper sign can be affixed~ This one of the finer stores and should be greatly appreciated by all in the surrounding area. Yours very truly, NORTH HICKORY FURNITURE COMPANY ~.~.~ Ymes; Ph ill i ps, Pres i dent JEP:ks DwU->>gton' Freedom Periocl" Furniture EXECUIlVEOFf'ICES P.O. Box 314, Union, Nod. 0'7083 (201)688-7300. cna732-6837 "...... -.. April 22, 1983 stage. Door, Inc. Route' 9 Fishkill, N. Y. 12524 Attn: Mr. Murray Ackerman - President Dear Murray: If you recall at the Grand Opening I commented that I had difficulty finding your location. As I was driving up route 9 the building was obscured because of it's color and set-back. At that time I had suggested.thatca special designer be called in to aid in establishing the proper identification so that the building would stand out and be in keeping with the gorgeous interior. After six months of experience we find that the planned sales figures have not been achieved. We feel that this is in direct relationship to the traffic. It is most important that the projected plan be acted on. We cannot allow business to be lost. I would like to hear directly from you if anything is being done to correct this very serious problem. Very truly yours, THE BENNINGTON COMPANY off&? OL/paz .. I _-L I ! --r- I I I I C'::J AL 99-gSf: (f: t f:) :LroBV "lj:l!W 'Pla!JljlnOS '99V xoa "O"d :S3.LVI:>OSSV aNV NO.Ldl1 alA va :WOJJ slaa4s leuO!l!ppe JapJO 99 ^^ealj JO Jeln6aJ Ja l!a V. wall AJ!:lrdS) --J- , I L_~ L-! I:J, .! =t.....~_. ...., . f CIOkO k-........-C. :J :J ...., Lt.' C_CT_'"01 r!l f)....' I k.. I ....! O-k-O-: . 0, "0 CD .0' -~Q;.~~---= : I.! k! I .'.... ~ :J! CJt--~ CD"Oi ...._.._1: TU\~~.cij. I "'-~lt-C~ I 0, J.. i ....I.c -!--J-1L._'"010l ....' z:. .... r;;. , ....! . .... ....:.t:; CD'.o-+- I !I . ... .0;.... !~b~.-l-. ........ CD ki. f).... e :J:--. _.tO~.-ft- ' .' I 1-.' _..LC_!l_I:~_ .'0'l0 OJ ; .c;.... .c; 1'"0 i ....~---...rC-t.. ., ",-tkJL:~l__ O,:J0 QiOlI I ' .ct. 0 ~t~ t+- U'.c;, '.... I I ....Lu_"_~ I --L- I · '.... C.....+J I ~!.c; CD -.4!. , , f)j'!t-7-St ; ~I ...:...I:_-=-....,!.... I ~ l-- L.....O to .0 I .c;; ~ U .11) ) ! ....' :t-_-.. t--J . ~_; I I l' I...~!. f i tt+~ 1 '= =H~. ~r-W. ~ .---'tl -+_-~+-+- i:t. Jr~L.r.+-tilt-~ I ,I.~ "']I^'\/I\I ~ U~~\/U"'\IS I t ~~~v,...........~~~'~~'/~(..--. -'JP.1,:}dJl~L.'C'~ , - w_ -....... "U~~L" U 1I~""~a.t J I 19na ure _-;;:- _ _ _ ~ . _. .. _ '" . .( -il 'J " .. ...... -. L.. I I i , -.~ . " i. t'. ::l Z l'! ::l r ~. i I , "T ...--- I i J_ ~ i ,. ! 1Il " ~ - I l' ~ l' .. '. · The required plan must accompany the Notice of Appeal. -t' APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL NOTICE IN THE LOCAL NEWSPAPER. \. - ZONING BOARD OF ApPEALS TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12!580 TEL. 287-62!57 LEGAL NOTICE PLEASE TAKE NOT ICE THAT THE ZONING BOARD OF APPEALS OF THE TOWN OF WAPPINGER WILL HOLD A PUBLIC HEARING PURSUANT TO SECTION 513 OF THE TOWN OF WAPPINGER ZONING ORDINANCE. APPEAL # 659 AT THE REQUEST OF KATHRYN ABBOTT, SEEKING A VARIANCE OF ARTICLE IV, SECTION 404.5 AND 411.2 OF THE TOWN OF ~ WAPPINGER ZONING ORDINANCE, TO ALLOW FOR THE SUBDIVISION OF A LEGALLY NONCONFORMING LOT AND TO ALLOW FOR THE SUBDIVISION OF A LOT ALREADY OCCUPIED ":BY BUILDINGS WHICH WOULD RESULT IN NON- CONFORMITY AS TO SIDEYARDS, WHERE 20 FT. IS REQUIRED AND ONLY 3 FT. AND 6 FT. WILL EXIST, BEING PARCEL # 6157-01-033603, IN THE TOWN OF WAPPINGER. SAID HEARING WILL BE HELD ON THE EIGTH DAY OF MARCH, 1983, AT THE TOWN HALL, MILL STREET, WAPPINGERS FALLS, NEW YORK, BEGINNING AT 8:00 P.M., AT WHICH TIME ALL INTERESTED PERSONS WILL BE GIVEN AN OPPORTUNITY TO BE HEARD. ~ ~IGNED: CAROL A. WADDLE, CHAIRPERSON ZONING BOARD OF APPEALS TOWN OF WAPPINGER DATED: FEBRUARY 18TH, 1983 , . TOWN OF WAPPINGER NOTICE OF APPEAL Appeal No. Date February 14, 1983 Appellant KATHRYN ABBOTT Home Mailing Address Zip Code: 12537 Route 90, Hughsonville, New York Tel. II: 297-3800 TO THE BOARD OF APPEAlS: I, Kathryn Abbott , appeal from a decision of the Zoning Inspector, dated January 31 ,19.J3.L,anddoherebyapplytotheZoningBoardofAppealsfor: rn A VARIANCE, 0 A SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Route 90 (street &: no.) 6157-01-033603 ,TownofWappinger,N.'Y. (zoning dist.) (grid no.) . -AM0e~. (' - 1. PROVISION(S)OFTHEZONINGORDINANCEAPPEALED. Sectlon 404.5 and 411.2 see . 1\ --ro 0. \"ow-tor ~ S,^,~l..1\S~..... Dt-4 ~ ~1 letter of Zoning Administrator annexed hereto) Cot"'" . to ""o.d, "l ~ r ~"'~ 9' . . I. . . \, ~ (article. section or subsection and paragraph) J .b~lf ~~~f'~\J) bil\\~~!; ~\I\~ ~ rU^\T ,,J ~t-n-~~ cuiv S..b~" I~~ }.c' <.s teJ1.'^~ 2. TYPE OF A1>~EAL (ComP1~ ;;revant section). * a. A VARIANCE IS REQUESi)::D for the following reasons: 1) Strict application of the Zoning Ordinance would produce undue hardship because: (See ri der a Hac hed ) 2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property and in this district because: (See rider attached) . 3) The variance would observe the spirit of the Ordinance and would not change the character of the district because: (See rider attached) b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article , section or subsection , paragraph of the Zoning Ordinance to permit the follOwing use on the above premises: c. INTERPRETATION of the Zoning Ordinance is requested because: d. AGGRIEVED PERSON(S) an appeal is requested because: '" 3. OTHER REMARKS: (Use extra sheets if necessary) Sign at · The required plan must accompany the Notice of Appeal. APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL NOTICE IN THE LOCAL NEWSPAPER. 0~ _ I (0') T1\~.Jt Rider to Notice of Appeal - Kathryn Abbott, Apoellant The premises a~e located on the southerly side of Route 90, Hughson- vi 11 e, T m',n of Wappinger, Dutchess County, Nei'l York. The premises were acquired by appl icant I s parents, George W. Abbott and Violet Abbott on i February 1 , 1909. The property is improved with two structures. One has been leased a~d operated as a gas stction and motor vehicle repair shop. Until recently, the second structure has been used by app1ica~t as a hardware store. Because I of age and death of her sister and co-owner, applicant has been unable to I, continue the operation of a store in t'H~ 5ect~nd structure. A variance of Sections 404.5 and 411.2 Of t~e Zonina Ordinance is . ~ I -' requested to permit the s~bdivision of this parc~1 ~ fo~ tr.e fol1c~i~g r~asons: (1) Strict application of the Zoning Ordinance would produce undue hardshif:) because it is a practical impossibility to sell the two struc- tures as a single unit. The tenant occupying the garage portion of the premises has occuppied the same for many years and has had an informal but I i' morally binding option to purchase the same. In fact, a contract of sale of that portion has been executed. However, he does not have the finances to , purchase or the ability to utilize the second structure. Applicant also has a possible ~urchaser for the structure formerly operated as a hardware store. This prospective buyer has no interest in purchasing the portion of the premises improved ~~ith the gas station. ;to In fact, it is impossible to sell as one parcel. (2) The hardship is unique and is not shared by all properties in the immediate vicinity of this property and this district because it is the only parcel known to applicant that has the probleG of two independently used structures on one parcel. Like most of the struc~ures in Hughsonville, they Kathryn Abbott, Appellant -2- February 15, 1983 , are very old and do not-conform with present ordinances with respect to side- lines, building coverage, maximum floor area, etc. Unlike most of the other properties, the parcel has never been divided so that each structure is situ- ate on a separate parcel. , , , (3) The variance would observe the spirit of the ordinance and would not change the character of the district because the district almost developed around these two structures. In other words, they are very old and are similar to the bulk of the other structures in the vicinity. If the requested relief is granted, it would merely place each building on a separate lot and would not effect the character of the community. ~ OFFICE OF THE ZONING ADMINISTRATOR TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. N. Y. 12590 TKa.. 297.62158 January 31, 1983 Harold Reilly, Esquire 107 East Main Street Wappingers Falls, New York 12590 RE: Abbott property subdivision Dear Mr. Reilfy: I have reviewed the submitted subdivision map on the Abbott property in Hughsonville and find that there are and will be several variances of zoning regulations on the property. Basically the property is not considered a non-conforming use per Section 404.5 of the Zoning Ordinance but that section states no change shall occur which will result in the increase of any such (dimensial) non conformity. The lot is non-conforming in that: 1. a front yard setback of 75' is required - only 5' exists 2. sideyard setbacks of 20' is required - only 2' and 5' exists 3. a total':obuildCing coverage of 2279 square feet is permitted where 4220 square feet exists 4. a maximum floor area of 3419 square feet is permitted where 6244 square feet exists subdividing the lot will result in an increase of such non-conformities. In addition, the southerly lot will only have 41' lot width where 50' i? "Lr:c: r:~i:-..ir.'..::,l f()r the 1';B zone and the ne\".' subdivision line betv:een the existing buildings will create a 6' and 3' sideyard where 20' is required. Therefore a variance request should be submitted for Section 404.5 to "permit the subdivision of a legally non-conforming lot" and for Section 411.2 "to allow for the subdivision of a lot already occupied by buildings which will result in nonconformity as to sideyards, where 20' is required and only 3' and 6' will exist. \.....' 1. ~ ,- S35.~~ fee is requIye8 ~ith the aI-Jr.}. ~cG.. ~~orl. Sincerely, EPG/c1lh encl. cc: Zoning Board of Appeals Hans R. Gunderud Building Inspector & ,Zoning Ad~inistrator