1968-01-09The regular meeting of the Town of Wappinger Zoning Board
Of Appeals was called to order on Tuesday, January 9, 1968, at
�.. 807 p.m., at the Town Hall, Mill Street, Wappingers Falls,
New York.
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Members Presents
Thomas I. Graham, Sr.
Richard E. Jacobson
Members Absent:
Jason Morse
Gordon A. Hirt
H. Frederick Koehler
Others Present:
Joseph E. Ludewig, Building Inspector & Zoning Administrator
Rudolph E. Lapar, Engineer to the Town
Susan J. Pike, Secretary
ADJOURNED PUBLIC HEARING 4 Appeal # 71, at the request of
Margaret J. Card, seeking a variance to permit the relocation of
a curb cut from Route 9 to Fowlerhouse Road, this being a change
in the site plan which was approved by the Zoning Board of
Appeals on March 31, 1966, for the relocation of a legally non-
conforming grocery store on the west side of Route 9, south of
Fowlerhouse Road, in the Town of Wappinger.
Chairman Graham re -opened the public hearing, which was
adjourned on December 12, 1967.
Mr. Charles Card and his Engineer, Mr. Anthony T. Rowan,
were present.
There had been much discussion, at the December 12th meeting,
on the subject of elevations of the site and the new highway,
and on the subject of the State's denial of the second curb cut
for access to said highway. As a result, the Board adjourned
the hearing to this date and requested that Mr. Card submit a
written denial from the State for the second curb cut. They also
requested that he have his engineer attend this meeting to
discuss the matter of elevations with them. Further, Mr. Ludewig
was asked to make an official request of the State Department of
Transportation to have a representative present at this hearing
to further discuss the matter of elevations.
Mr. Sal Amico, Engineer in charge of the Route 9 Project
from Fishkill to Poughkeepsie, was present as a representative
of the New York State Department of Transportation.
Mr. Rowan stated that he had not obtained the exact grades
from the State Highway Department aball. He stated that he
had contacted the State Highway Department and they had informed
him that the new highway would be approximately 1 ft. above
existing grade at the southern end of this site and 4 ft. above
existing grade at the Fowlerhouse Road end of the site. Mr.
Rowan further stated that he had set the grades on a block wall
Zoning Board of Appeals -2- January 9, 1968
that was existing at the time that the foundation for the new
building was started, but he did not know what happened after
the grade was set.
Mr. Amico came before the Board with a map showing the old
and new grades of the highway in this area, and reviewed with
them, in detail, the starting and finishing grades of the
highway Along this particular site. He stated that these grades
became official on September 15, 1965, and had not been changed
since. The new highway is constructed in accordance with these
grades.
Mr. Jacobson asked if Mr. Card would have had access to
this information.
Mr. Amico's reply was yes.
Mr. Ludewig pointed out that he had been in touch with
the State Department of Transportation, and there has been no
application for a curb cut, as such, made for access to new
Route 9 from this site.
Mr. Koehler, in behalf of the Board, thanked Mr. Amico
for taking the time to come in and discuss this matter with them.
Mr. Koehler remarked that there does not seem to have been
any changes made in the design of the highway by the State since
1964, and the highway is essentially constructed according to
plan.
Mr. Card stated that the Contractor's engineer had placed
a mark on the building, from which Mr. Rowan set his grades.
Mr. Amico stated that Mr. Frasier is the Engineer for the
contractor, and he had given Mr. Card a mark which was higher
than the then -existing foundation. He pointed out, however,
that the new building is lower than the old foundation was.
Evidently, in transferring the grades to the new foundation,
2 ft. were lost.
Mr. Jacobson asked Mr. Card if he is able to produce the
written denial of the curb cut from the State.
Mr. Card stated that the denials had been received verbally
from Mr. Vogel and Mr. Veracca.
Mr. Amico noted that once the State bought Mr. Card's
building, the property was considered by them as vacant lane,
which entitled him to one curb cut only.
Mr. Ludewig noted that he had been informed by Mr. Vogel
that no written application had been made for a second cut at
any time.
Mr. Jacobson asked what the approximate difference in
elevations is.
Mr. Lapar noted that the site is probably from seven to
ten feet below the highway.
Mr. Amico stated that, if the cut onto Fowlerhouse Road
were to be granted, the State has a requirement that would
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Zoning Board of Appeals -3- January 9, 1968
prohibit its being any closer than 35 ft. to Route 9.
Mr. Harry Ries, Peggy Lane, noted that the minutes of the
January 11, 1966, Public Hearing contain a statement by Mr.
Card that he had been granted two curb cuts onto Route 9.
There were no others present to speak for or against the
appeal. The Chair declared the hearing closed.
The Board had received the report and recommendation of
the Dutchess County Planning Board on this appeal. The Planning
Board recommended that the application be considered favorably
by the Zoning Board. Said recommendation is filed with the
records of this appeal.
The Board went into an executive session at 8:47 p.m.,
and the meeting was reconvened at 9:25 p.m.
In reference to Appeal ## 71,
A motion was radde by Mr. Hirt, seconded by Mr. Koehler,
to deny Appeal ## 71, requested by Margaret J. Card for a variance
to permit the relocation of a curb cut from Route 9 to Fowlerhouse
Road, being a change in her site plan approved by the Zoning
Board of Appeals on March 31, 1966, on the grounds that no basis
for a variance has been proven, and that the original stipulations
imposed by the Zoning Board of Appeals on March 31, 1966, are
reasonable and proper and have not been complied with.
Roll Call Votes
Mr. Graham voted Aye. Mr. Koehler voted Aye.
Mr. Hirt voted Aye. Mr. Jacobson voted Aye.
Motion Unanimously Carried
A motion was made by Mr. Hirt, seconded by Mr. Jacobson,
to adjourn the meeting. Motion Unanimously Carried
The meeting was adjourned at 9:27 p.m.
sjp
APPROVED, MARCH 12, 1968
Respectfully submitted,
c
Susan J. Pike, Secretary
Zoning Board of Appeals
Town of Wappinger