045
ZONING BOARD OF APPEALS
TOvVN OF WAPPINGER
NOTICE OF APPEAL
" IN' L,-
.'"l,ppea l o. """":,;?"'""""".".",,..
Date ".3./.1.4./9.9..",,,,,..,,"'.."',,.....
A 11 -. '~G' ;',.,,, T ,., 'DD
~ppe ant .,~,~,'-,.~..','".,N..,:...,..:.-!,,,,,.\-I..9,,....\.!."'.,~.\ ......"".."'''"."'''"..,.....,,,,,,,,.,,...,,,...,,,,,.,,, Address
TO THE BOARD OF APPEALS:
1 "1 "r;:'"v Doc'~- 'Qo"'d ;:t~DD."" F 11 1\-. Y - 1
..""."..""""':,~.-::-..'::',::~.~~.\......,;';......'::',,::.,,.:-:,'..,,.'?'..,:-""".....~.9:~"..,,::,~~g~J...~..,,,.. a" , S, l~ ew o.r ~<::
.... .......... .............................................................................................................
................u..............................................................
T (T'T"'\ l.c/:.=W X8.B'r J. C ,l';::m I f~ d: . , .
.I.. .::...vJ """'''"..".."''''''"."".."''''"......."",;-:..""..,,,..,,..,,...,,.,,,,,,,,....,,..,,,,""....."".."'".."'".""..."...,,., appea J. om a eClSlOn of tne Zonmg
(name of appellant)
Inspector, dated ....""...."......,........"",..,......,....."",, 19"..:".,,'''''' and do hereby apply to the Zoning Board of A..ppeals
ror: [J A VARIANCE, 0 A SPECIAL USE PERMIT, m AN INTERPRETATION OF THE
ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (check praper
) . " h . I d f: lb' p '--;:;' , ~
'One , m connectlOn WIt premIses 'Ocate at ...",L"""an.Y.."~..Q9..Y..".7.~.Qa.Q."..."..".......".,,..........."..........".""."~1~2'O'"..,,.......
(street & no.) (lat no.) (zoning district)
'f' 'W' NTY
~ awn a... appmger, 1. .
1. PROVISION (S) OF THE ZONING ORDINANCE APPEALED 4:16..,..o35"..ar"d"..!+.1.6..a.o3.4-
- Seed en 416t 05, S e c. #422 ~0-:xZt:.';~'XLtt)).::n(XIit:nJ' (ind:caJe
if ~Xj.q.Y.l.g.~.....9.+"..r0.?+, r..,. ..l,Q.t.....l..1,ne.,."0,f:.,..1.6.f.:t,,.....a,nd.....:i.:f.....n,e,c.,e,$..s.ary....l0....ft......v..ar..{,anc.a....o f
article, section 'Or subsection and paragraph) front yard.
2.. TYPE OF APPEAL (Camplete'relevant section).*
a. A VARIANCE IS REQUESTED for the follawing reasons:
, r) Strict application of the Zonipg Ordinance would p-raduce undue har~ship because: Pe'~.: t~ O1':.e:."
presen~~y conQUC~S a grocery B~ore on her sa~d prem~ses oy v~rture of a-non- _
cOnfOi."2~l1g use. Because the State, under -its pO'.'Jer of em~nent dOL,a~n.,. ~s tak~ng
a port.:on of her property, pet~t-ionerls store bu~ld~ng w~11 be deuol:she2 and
c.est:c'oyedp.,.." COD$8QUently, unless she ~s Derm,.~te;; to erect.a ne,:, s,tol~2,.bu-ild~ng
on ~ler-2) L'1e harcishlp created 1S umque and IS not sharea DyaD propertIes alIKe 111 the Immecilate
2:e:.:2. ~ n-" ng vicinity 'Of this property and in this district because: __
land,she Pettt.:oneT has the only grocery store bus.:ness ~n the
v:~ll oe area ~n quest.:en, ana such bus~ness w411 be completly destroyed
put out unless the Var.:ance -is granted.
of bus -i sf3 8:11t variance would 'Observe the spirit 'Of the Ordinance and would nat change the character of
the district becaus'e: Bus~ n"'!ss use oi'- prell-i ses has been C8.rr~ ad on for at
least 15 years and ex~st-ing non-conferm~ng use would not be changed, except
w-ith respec~ to locat.:on of store bU-ild-ing.- Tfl fact, proposgd new bu~ld4ng
lQ." ~~ ~n~~ ft+~~~n+.v~ ~n~ COM"ac+ +~an ex.s+.n~ o~e -and ~~~el'~~+ ~.'l
..... ..l..j'- we ~..v..:.. c: C. II t.J..:.. .;;:,~ v'"t \.,;;< 0..1. '-4. .-.}l......... v v.l.... _., \.I.,... c ....., _... Cl.}.MJ_..; ..:..ctJ..J.l...J ~I.........
con.r,ly ';-,T.'r-.. ,'O-n.,\r ~'"~.'''' 111."'''''' ""e..a~"prJQ"'~ .....such ':lS sCl>.ean.:no et",
~ D. .A. S?ECT}{L US.t. PEKlY1IT 1S KEQ u'"E,:, ll!lI pur::"'ua~.t'lt to af6cfe .....:".~.:?.L..., ::;e-celOn 'Or subsec~
tion.............................., paragraph......,......................... of the ZOlling Ordinance to permit the following use
an the above premises:
~,1. 'J~: '-: ~\1 G B 0 ~\l--=tD
v c.- ::.:~>>~EI~::?:.R::s;f4'f~)J 'Of the Zoning--~~n.1ffl~rs requested because: The prpsent bu~ :!.d.: ng
~n ~h-'ch t~2 p~=3Gnt non-conform-ing use is-locatea ~s be~ng -involuntarily
cOITve~tsG &2d a~ ~nterprGtat-'on of-the Zon-,ng Ordinance of the Town of
;'."-,)..^,.,.,'.'.~'" ~'.-r:'_ft ~"." .'1'10 '0' Y' ~-y..." ?on.'nO' "oP'Pd-.s ':"lr.::cessary +0 "110'" ""econs+r"c-
'''L.oi.:... ~.J-' ......;..::;;;;:;..:.., c......~u. C1. ..... v.":"" .1c v..:..l.c; ..:..J~.... - -....0 D '........ ., .l....._ "" '-"- \;;. .. u U.
+.,...,01": """.:- .:-:......., ~~,j,.'1rl.~r: f""''Y"'I; ryrl-t-.+.~V'\,~..(...lC'l r ~ .~.n;Y l<'jr'l.~
v, ....." d~j~ AG'GRIEVE~D"1P:2Rs'ON'~Syan~appeai i:r reqligstecl~5~cfuse-~~~u
3. OTHER REMARKS: T,t"..should....be....no.te.d....that.....the....non-co-nf.0-rm~.ng....us-e....w.,..ll not
- --
-" ---_c. -----:,r ,.c.]'" '.~';" -SE:..:S::::'~"::; (:.. .0:.:' -..s:: 'j -'.eo. ;"..:6 -2::9' "0 U"C'" T::: .1+., DS -. C?~l":..,;?e.d:....on....{Tl....C~....::G':.:.5.....:::0:..' 2
attrac~::vc s~ructura~ relocat-ion Of-S2-"d ~se be-"ng =ada necessary by afora-
conds~n2t~on proc2ed-"ngs. Su~ely, ~t liQuId be unreasonable to use str~ct
aDnl-'cat~o~ of ~~e zon~n~ or~-"n8.nce to destroy a grocery store ~hen there are
. - (e se extra sheets if necessary) Signature _........ .. ....~..,..,...... ..................................................................
S t -' -ry.-'J // "-.:... Ii ~ '
* The required. plan must accompany the Notice 'Of Appeal. 4 gna U?~ ,- /O/1'~' {/' . /,.;"
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
NOTICE OF APPEAL
..-,,::., /i Ii
_-:.:.- _ ~."' '- -'__ '- .f .
Appeal N o. ..........:-::::..........1......-l~
Date , <
Appellant
. ~_ U~;:: J.. C.:.\.7.D
Address.........~.~.:~.~.~:!..-...~~.~.~.:.~....~:.~.~.~.~..... ......
.............................................................~:..~:??~.::~:~.::.?.?.~~.~?...~......~.~:.~~~....:!..~.:~ .................................................................................................
TO THE BOARD OF APPEALS:
I :(;;;.:0.) .............}::I.:.;.~:.7.~::..//....J..~....g.:.7P;-.?..........................................................................., appeal from a decision of the Zoning
(name of appellant)
l,-I
Inspector, dated .......~.?:::~:??:.~....??..'............., I 9....~?...., and do hereby apply to the Zoning Board of Appeals
for: 0 A VARIANCE, 0 A SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE
ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (c~~ck,..proper
one), in connection with premises located at .~::.~1?~.~~~...??~.~~....~~.~).~~.~..'............................................................~~:.~~.~.............
(street & no.) (lot no.) (zonir:g district)
Town of V\Tappinger, N. Y.
1. PROVISION (S) OF THE ZONING ORDINANCE APPEALED
\"'6 ,,"\,,",\~.1
...l-L . v.;;;;
( indicate
article, section or subsection and paragraph)
2.. TYPE OF APPEAL (Complete relevant section).*
a. A VARIANCE IS REQUESTED for the following reasons:
I) Stfi~.t.~pp~isat~?r:,~J ,~~~ ~9.ni~g,.9!d41~RC~ ~ouJ)1;gr381Wcyun8Je 88ttS~bp.::s~S'-rte_:l ~JJ:-OC0~d.::'r-=::;
.:::.~~C::: i':, u i:~~::~::; :L~~~.,~~-..,~~~l~ ,_ ~.".;I..=.))~..._~*~~;~.;~;O ,,)~;~~~t t~~ ~~n;~~~~O~~:;l~ ~~~~ t'~~,~ ~;. ~ ~
:"'':C~~'C :.:>~.:.3::..~~:~..~.J~.? ---~--- _. - ..... ......- _
,.' . .~, ~ r.
..' -, ~,
. ..:..:-.~....J.:':~-:..:..._,,'., ~~~C 0
2.) The hard.ship created is unique and is not shared by all properties alike in the immediate
vicinity of this prop.er..~Y .?-p,cUll. t~)~, .slis~.i~~~b.ec~llsoe.:.,.,.. ",'''",i'"",,,,,o',,, .' 'n .l.'~ r:" 'Ii'" .~., ....,., ':-"..,.
...:...0i!..J..l.J.......;.,,;...:.v ......~~,j ..,J}..-.._.y J.J v ..L......, ...I\~.\,.o....J_......VlJ..jioJ ~.-... v.L":'~v .....v_..._ V.,j
"-~.-" .:~,~:..,...,~~'c,'"'\.":"',c-;~ \"'<1":; 1."-,~ c~",~~"!""l'=-';,+"~''''''';J rli;~,-~..:-,"'f.o"';~rGd. ur.loss t":c vc..:~it;:l_cc ~
......_..."-' U~_..l.,.~qV""''''' ..~_ _ j...,tv v...._.~J_-..J V"""-4/ __t-I...._ .) ..- -
..:; :~~ ,-~:-..."G <.; (.'~ a
3) The variance would 'Observe the spirit of the Ordinance and would not change the character .of
the district because: 111110 bt:sin0ss t~L;O oi~ p:C.C:~:iS88 ~:''':''8 b88~1 C8.~':r~i.(.;c on
':".-.-........ -;-~'" ""'~.;-'- "'C.:;- .~4~_.._.,....,...~... \~.'-<"--_ftn~" ,y~,.,.~ .O'~o...,~ ....~: ......-,.....\{- ...U.~I.-'.'~ c:...r:,~.....,;:-.....",~~w t~....-,-" r~"-:lv ^'--\~"~-'7;"'>
';"\--'wO,. .....'--'~..,;v ~....!-~v0v,;"J. J'v;";"O'......:J ~~u \i.. U.!..\....:. .l';'V\J __ .:....~......i.;.;.u~") '_~ v......_.... \..Io-...........-""\...J.......
~" .. ., .'.. '1' ......'""'; ,-":t, ',-,~.J, n"I;C:; ("c.-:"..~.~.- 1'\" J,-~1'~:> c.:":-,-;:.;,,C i ~- .~.~,...,:".::"'-:,..C~ SO C.~
~t.~,,~~.-=~~ ~~ ~~~~L;~~ 2~;~~:~i~o""~-- u.. yv~ ~~-J -oJ U..'J ~ V.- U ~ ~_w.. - -
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article ....................., section or subsec'
60n .............................., 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:
&~)O\r0 38t ZO:c~t~l.
o'Z
8011
~ ~"I:'""!
v..._v
::8 use rlU
0'" ~ER REMi\.RKS S:':'::..::.:. ;;:c';:';':-!Gl.r,<3 of: t:li::. ::::t)~lic&t;icn to allo'\:i c..-p:')cll..:.n".:. to
~'_. ._~.fi_ -<. 1_.. ~ .'. : ...:..;.:~~.1.~;.....:r.~.~.......;~c....~:;~:.:.;~....1:;6....(io{~i:;:i;:;~6.i1iDl......fo....o..S:::~cr;i....8:~~a:...'\;iI'ii 00
> "~ ."- - -- - - --' ;,~, ~-: -- ---. ~.~,~. ~:.~__.~... ~:: <.',.~'._,~-.. ,-. '~~:~"'" ,', ,~, ..,~,- ',::. '::.'~.;,:, ...:. :..:2.....-'-.~.:_.;,~,:.......:~;.;:.i::.:..:.;.~.'..~~..........:', "~~:... ~... \~..:.:.:...c:: :;..~)..
~:..:- .._~ ..._.'-....,.~.:..>,>'.~..:....,~~~......:.:.:..~:.,:..:~:......~~~.:...~<~.:..::.:<.:.;..'.0....(>~:.. ,-,. _ ......... -. - ....- ~ -..-...... - -- - - --~ -- .-- -...
~ "-'- \......~.
v..... .;':~:?C'~:IC~
0\.'1'1(;::'-"'8;. "_~~' ~ 'c~:::...r:
, . ~,
::~c ::"~SC<.'--J ~C.::~; :::-:~:.-.._'~
~.".'~" -'~"',": .....'-.....: : :~~'?','",.: ~:~r' ~
vl0 ...... ..........,.;,...... .......__""'- _"-"'_...... ~_ ......_v
0~'
. ,
~c-.::C; :i...:;" '_:J:':C ~ _ ::'.~v:j' .
'! (1' /
~ """ ,: 1/ . . (..
" . '--'9-'" u.r .,;::r;;, ~,-'
(Use extra sheets If necessary) SIgnature.. ...../... ..?(I.,:~y."'''''''I''(,..,. .:: __.................. .............
_ J>.......'...~l::/-- u. )vJ..,I."~
>,< The required plan must accompany the Notice of Appeal.
~
eU'-IUtvteo"
RICHARD H. L1NGE
.JUIITleE 0... "EACIL
VINCENT FRANCESE
WILLIAM BULGER
COUNCIL..MI!'N
GIORGE ... ROBINSON
LOUI. D. DIEHL
TOWN CLERK AND COLLECTOR
HELEN L. TRAVIS
TOWN CLERK'S OFFICE
MILL STREET
TOWN OF WAPPINGER
WAPPINGERS FALLS, N. Y. 12590
OFFICI HOUR.
. A. M. TO 4 P. M.
JANUARY :3, 1966
PLEASE TAKE. NOTICE THi\T THE ZONlrlG 8MRD OF' APPEALS
OF' THE TOWN OF \rt\PPINGER WILL HOLD A PUBLIC HEARING
PURSUANT TO SECTION 416.0)5 OF THE TOWN ZONING ORDINANCE.
APPEAL" 44 . REQUEST OF ~RGARET CARD SEEKING ^
VARIANCE TO PERMIT RE-lOCATION OF A LEGALLY NON.CONFORllING
STORE ON HER lOT LOCATED AT ROUTE 9 AND F'OWLERHOUSE ROI\D.
SAID HEARING WILL BE HELD ON JANUARY II, 1966, AT
THE wo.PPINGER TOWN ~LL BEGINt-IING AT 8.00 P.M. AT WHICH
TIME ALL INTERESTED PERSONS WILL SF. GZVEN 1I-IE' OPPORTUNITY
TO BE !lEARD.
I
SIGNEO a
--
SU"T. OF HIGHW.Ava
ROBERT LAWSON
A"8"..On8
. VERNER CH"'RTFN!lEN. C..
J08EPH FULTON
BERTHA RECCHIA
DATED.
OAVlCJ N. KOS'FSKY, CHl\IR~N
ZONING BOI\RO OF' APPEALS
J^N~RY 3, '966
A special meeting of the Town of Wappinger Zoning Board of Appeals
was called to order on Thursday, March 3, 1966, at 9:29 P.M. at tee
Town Hall, Mill Street, Wappingers Falls, New York
, .
Members Present:
David N. Koffsky
Thomas Graham
Gordon Hi rt
Richard Jacobson
Frederick Koehler
A motion was made by Frederick Koehler, seconded by Thomas
Graham, to postpone the reading and approval of the minutes of the
previous meeting. Motion UDBnimouSly Carried
A motion was made by Richard Jacobson, seconded by Frederick
Koehler, that the application of Margaret J. Card for relocation
of her presently non-conforming grocery store on Route 9 be
dismissed without prejudice. Motion Unanimously Carried
Mr. James R. Brown, jr., attorney for Mrs. Card, stated that
he felt this was ridfculous. He stated that the Board is acting
on an erroneous conception of the law.
.
Mr. Koffsky stated that this application could be resubmitted,
but there are two things that the Board would like to have eccG~pany
the application. The first would be a written indication frG~
the State Highway Authority that access will be allowed as shown.
A motion was made by Frederick Koehler, seconded by Richard
Jacobson, that a letter be written to Mrs. Card and her attorney
informing them of their decision and informing them of the two
points that were mentioned. Motion Unanimously Carried
Mr. Charles Card came before the Board. Mr. Koffsky explained
to him that the Board will require written indication frG~ the State
Highway authority stating that access will be allowed as shown. Also,
he stated that the Board will review any plans submitted in'both
conmercial and residential aspects. He stated that with these
two facts in mind he would recommend that Mr. Card discuss any plans
he wishes to submit with the Zoning Inspector.
A motion was made by Thomas Graham, seconded by Frederick Koehler,
to write a letter to the Town Attorneys requesting that they give
the Board more cooperation in this matter and indicate to our attorneys
that they make our legal position clear to us at an early date and
that these opinions be in writing. Motion Unanimously Carried
A motion was made by Gordon Hirt, seconded by Thomas Graham,
to adjourn the meeting. Motion Unanimously Carried
Meeti n9 adj ourned at 9:45 P. Me
Respectfully submitted,
Susan J. Pike, Secretary
Town of Wappinger Zoning Board of Appeals
sjp
~-_. _.~
.JOSEPH D. QUINN, .JR.
HAROL.D H. REIL.L.Y
QUINN & REILLY
ATTORNEYS AT LAW
44 CAN NON STR EET
POUGHKEEPSIE, N. Y.
GROVER 1-5330
March 9, 1966
Board of Zoning Appeals
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, N. Y.
Gentlemen:
Recently we furnished your board with an opinion letter
relating to proposed action contemplated with respect to an
application then pending before you and made by one Margaret J.
Card. . Our opinion was conceived in good faith and represented our
'best professional judgment in the matter, based upon research
and experience in the area involved.
It has come to our attention that you acted on the subject
application in compliance with the terms and directions of our
letter to you.
It has further come to our attention that at a meeting of your
board held on March 3, 1966 a resolution was adopted which had
the effect of reproaching us for the position which we had stated in
the opinion letter. The terms of the resolution appear to indicate
that our action had been untimely and that we had failed to give you
full cooperation.
We trust that the resolution was adopted without full knowledge
of all attendant facts. We therefore feel it necessary to inform you
of the facts that were before us at the time of the writing of the letter
and of the events which preceded our action.
We would advise you that early in the month of January, 1966,
Mr. Ludewig, the Zoning Administrator of the Town of Wappinger,
contacted us with regard to the Card application. He furnished us
with a copy of the papers which the applicant's counsel had submitted
to your board. We examined the papers and found them wanting.
-1-
-~.--l.---
-.
We made it our business to personally explain the patent defects in
the papers to the applicant's counsel. We invited him to come to
this office for a conference so that we might fully explain our position.
Our invitation went unanswered, although it was again extended by
this writer and by Mr. Reilly of this office to counsel on several
occasions.
During the month of February, 1966, we fully explained our
position to your chairman in a telephone conversation. It is our
understanding that he related our conversation to a member of the
firm representing the applicant. That firm member was Mr. Albert
Hecht.
Despite our attempts to be of assistance, counsel apparently
refused to correct his papers and proceeded on his original tack.
Under the circumstances, we had no alternative but to furnish
you with the rather strong letter which you received on March 3,
1966. . Our only motive in writing that letter was to spare you the
embarrassment of a possible judicial reversal.
It would appear that you have misjudged our position. It may
well be that your actions are the result of poor communications with
this office. For this reason, we suggest that we be permitted to confer
with you in the near future so that there may be an understanding as
to the powers and limitations of a town board of zoning appeals and
the prerogatives of town counsel with respect thereto.
We would be most appreciative of hearing from you with regard
to this matter.
Joseph D. Quinn, Jr.
JDQ/el
CC: Town Board of the Town of
Wappinger
-2-
Re c '01. 11!t01Ch /0) / q G,'
S' M 4--~ y. {)LkL
, -----.-----.----..-
SUPERVISOR
.JOSEPH H. FULTON
oIUaTICIE 0' THe PIi:ACE
VINCENT S. l'"RANCESE
WILLIAM J. BULGER
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
MILL STREET
WAPPINGERS FALLS. N. Y. 12590
ELAINE H. SNOWDEN
TOWN CLERK AND COLLECTOR
OFFICE HOURS
S A. M. TO .. P. M.
March 7. 1966
Mrs. Margaret J. Card
Route 9' .
Wappingers Falls. New York
Rea Application of
Margaret Js Card
Dear Mrs. Card I
Upon advice of counsel. the subject application
is dismissed without prejudice for the reason that
it is insufficient in that it does not specify the
relief actually requested.
If you desire to resubmit your application, we
suggest that you discuss this matter with the
Building Inspector. Hr. Joseph E. Lude~g. befere
doing so. We feel that subsequent difficulties may
be avoidod by this expedient.
Very truly yours,
David N. Ko'fsky, Chairman
Zeni ng Board of Appea 1 s .
DNKasjp
CCI Quinn & Reitly
James R. Brown. Jr.
Joseph Es Ludewig
. .
COUNCILMEN
LOUIS D. DIEHL
LOUIS C. CLAUSEN
SUPT. OF HIQHWAYS
KNUD CLAUSEN
.
. .
PAGE 2 OF MOTTCE OF APPEALSBY MARGARBT J. CARD
(cont~nuat~on of sect~on #3 OTHER REMARKs)
~n the Sames general are~, several bars and taverns ~n operat~on.
S~gnature ~aAt/.,,,;-fJ" Q~A'....f'
. . "
/
TOWN OF WAPPINGER
~
.UP'I:RYf,O"
TOWN CLERK'S OFFICE
MILL STREET
WAPPINGERS FALLS, N. Y. 12590
EL.AINE H. SNOWDEN
'JOSEPH H. FUL.TON
JUttr.cl' 0'" THI: "~"CE
VINCI!N.T 9. FRANCESE
.WILLIA... J. BULGF!'f
TOWN CLERK AND COLLIlCTOR
O.....CE HOURS
SI A. M. TO 4 P. M.
t+\RCH 14, 1966
PLEASE TAKE: NOT!C~ THAT THE ZONING BG\RD OF APPEALS OF
THE TOWN OF WAPPINGER WILL HOLD A PUSUC HEARING PUlStJt\NT TO
SECTIONS 416.05. 416.0;4. 416.035. AND 422 OF THE TOWN OF
WAPPINGER ZONING ORDINANCE.
APPEAL II 45 - REQ.UEST OF HliRGl'RET J. CARD FOR AN
INTERPRETATION. RULING. AND VARIANCE OF THE REGULATIONS OF
THE TOWN OF ~PPINGER ZONiNG ORDINANCE TO PERMIT RELOCATION
OF A LEGALLV NON-CONFORMING STORE ON HER LOT LOCATED ON THE
WEST SIDE OF ROUTE 9 AND THE SOUTH SIDE OF FOWLERHOUSE ROAD.
INTERPRETATION AND RULING ARE SOUGHT FOR SECTI.ONS 416.0;4.
416.035. AND 416.0S. ALSO, A 16-FT. VARIANCE 'DR REAR LOT
LINE REGULATIONS, AND IF REQ.UIRED, A 100FT. VARIANCE OF
THE FRONT YARD SETBACK.
SAID HEARING WI LL BE HELD ON THE 22ND DAY OF K'\RCli,
1966, AT THE ~PPINGER TOWN HALL BEGINNING AT 8.00 P.H-
AT WHICH TIME ALL INTERESTED PERSONS ,WILL BE GIVEN THE
OPP~T~UTY TO Sf HEARD.
":~!;NE'ns :,._ti';.~f ~~II :'~,~r:~~y, .:;...:.......,.
Zenf n; 8o:ard 0' Appea I,
DATEO. March 11ot, 1966
"r' .
. COUNCILMEN
LOUIS n. OIEHL
LOUIS C. CLAUSI(N
SUPT. O'F I-lfQJiWAV.
KNUD CLAUSEN
,'" - ..:~
't
J,.
aUPQVlaoR
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
MILL STREET
WAPPINGERS FALLS, N. Y. 12990
ELAINE H. SNOWDEN
TOWN C"."I( AND CO"".CTOR
O....IC. HOU"a
COUNCI"14EN
.JOSEPH H. FULTON
~U.TIC. 0.. THE PEACE
LOUI. D. DIEHL
LOUIS C. CLAUSEN
VINCIENT .. "'RANCESE
WILLIAM oJ. BULGIER
8UPT. 0" HIGHWAya
. A. M. TO . P. M.
KNUD CLAUSEN
April 4, 1966
Mrs. Margaret J. Card.:
Albany Post Road
Wappingers Falls, New York
Dear Mrs. Card:
A special meeting of the Town of Wappinger Zoning
Board of Appeals was called to order on Thursday, March 31,
1966, at 9:30 P.M. in the office of the Zoning Administrator,
Town Hall Building, Mill Street, Wappingers Falls, New York
for the purpose of taking action on the appeal of Margaret
J. Card (#45).
Members Present:
Da~'id No Koffsky
Richard Jacobson
I
Frederick Koehler
Gordon Hirt
Thomas Graham
Others Present:
Joseph E. Ludewig, Zoning Administrator
Susan J. Pike, Secretary
The following is a transcript of the action taken:
Margaret J. Card is the owner of a store on the Albany
Post Road, Wappingers Falls, New York.
This store is located in an area zoned R-20.
The building and the use to which it has been put since
1955 constitutes a pre-existing non-conforming use.
The Card store in its present location has been condemned
and taken by the State of New York under its power. of Eminent
Domain along with a substantial portion of the property on
which it rests.
.,
!:-
Mrs. Margaret J. Card
-2-
April 4, 1966
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A parcel of 78 x 200 ft. remains.
Mrs. Card has requested an interpretation of Sections
416.034, 416.035, and 416.05 of the Zoning Ordinance, which
relate generally to the destruction and continuation of
pre-existing non-conforming uses.
In addition, a rear lot line variance of 16 ft. and if
necessary, a 10 ft. front yard variance from Section 422 of
said ordinance has been requested.
From the evidence presented at the hearings held on this
matter, it is found as follows:
Re: Section 4~6.034 - That the non-conforming use has
been in existence prior to the enactment of the Town of Wappinger
Zoning Ordinance, adopted January 29, 1963, and the building
is being destroyed rather than moved as required by this section.
For this reason, Section 416.034 is deemed not to apply.
Re: Section 416.035 and Section 416.05 _ The involuntary
conversion of the Card property and building located thereon is
deemed to fall within the provision of Section 416.05 "Restoration
of damaged buildings" wherein it is stated: "If any building
legally non-conforming in use shall be destroyed by any means,
it may be repaired or reconstructed to the same size and on the
same location, or at the location specified for new buildings in
the district in which such use is located. All repairs or
reconstruction for such non-conforming use shall be completed
within two years of the date on which the destruction occurred."
It is deemed that the rebuilding of the Card store on
the remaining portions of the parcel falls within the provisions
of Section 416.05, and that the term "on the same location" is
construed to mean on the same parcel. Section 416.05 is deemed
to dominate over Section 416.035 by reason of the fact that
Section 416.035 refers to voluntary removal of buildings.
The variances should be granted to the extent requested.
To deny this request would preclude the continuation of the
Card business and would render an unriecessary hardship. Con-
ditions have been placed upon the new site plan which will
effectively protect adjoining property owners.
At the above special meeting, a motion was made by
Frederick Koehler, seconded by Richard Jacobson, and reads
as follows:
To interpret the above mentioned sections of the
,.
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Mrs. Margaret J. Card
-3-
April 4, 1966
ordinance to allow continuation of the non-conforming use
of the remaining parcel of the Card property, and to grant
the requested variances based upon the above findings.
The granting of the variances is expressly conditioned upon
the construction of the site in conformance with. the plans
shown on a map prepared by Anthony T. Rowan, P.E. & L.S.,
dated March 9, 1966, and revised March 14, 1966 and March 28,
1966, and entitled "Site Plan, Card Store, Route 9, Town
of Wappinger" and the following conditions:
1. Entrances, curbs, and malls along the Easterly
boundary between property line and new road location
as shown on site plan shall be completed within 6 months
of highway completion. Any work not done by Highway
Dept. shall be completed by the applicant. Permits for
entrance to Route 9 shall be obtained from the New York
State Dept. of Public Works and any conditions imposed
in the issuance of permit shall be as if herein written.
2. Parking area shall contain four (4) dry wells as shown
on plan. Parking lots shall be graded to drain to dry
wells, and dry wells shall be interconnected by pipe so
that the water collected shall be evenly distributed
among the four (4) dry wells for subsequent leaChing.
Dry wells shall be constructed so as to provide leaching
on bottom and sides of structure and the excavation around
each dry well shall be a circle of 8 ft. min. diameter
which shall be back-filled with brol~en stone.
3. Car bumpers of precast concrete curb, or decorative
railroad ties or bituminous curbing shall be installed
along the Westerly line of parking lot securely pinned
to the base at such distance from wall and fence to
prevent cars damaging fence and. dropping over 'Hall.
4. Proposed fence as shown on site plan labeled 3 ft.
rail fence shall be 3 ft. solid fence of the Stockade
type or basket weave type. There shall be installed
along the entire Westerly line of property a stockade
type fence 8 ft. high and the evergreen planting as shown
on site plan along said line may be eliminated.
s. The site plan shall be revised to show the applicable
modifications as noted above.,
6. Any signs to be erected on the property shall be in
complete compliance with the Town of Wappinger Zoning
Ordinance.
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, Mrs. Margaret J. Card
-4-
April 4, 1966
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7. All items except Item 1 shall be completed prior
to ,the issuance of a Certificate of Occupancy.
Voting For: Mr. JaCObson, Mr. Hirt, Mr. Koehler
Voting Against: Mr. Graham
Abstaining: Mr. Koffsky
Motion Carried
Yours very truly,
'#~4}' q~
David N. Koffsky, Chairman
Zoning Board of Appeals
Town of Wappinger
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