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1967-12-12The regular meeting of the Town of Wappinger Zoning Board of Appeals was called to order on Tuesday, December 12, 1967, at 8:04 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Thomas I. Graham, Sr. H. Frederick Koehler James Mills, Jr. Members Absent: None Richard E. Jacobson Gordon A. Hirt Others Present: Susan J. Pike, Secretary Joseph E. Ludewig, Building Inspector & Zoning Administrator Rudolph E. Lapar, Engineer to the Town A motion was made by Mr. Mills, seconded by Mr. Hirt, to -table the minutes of the November 14, 1967, meeting. Motion Unanimously Carried PUBLIC HEARING - Appeal # 70, at the request of William George Buche, seeking a variance of the front yard setback regulations to permit the construction of an addition to his existing residence located on the northeasterly side of Ketchamtown Road, in the Town of Wappingee. Mr. Buche was present for his appeal, and carne before the Board. Mr. Hunt, Mr. Buche's builder, was also present and came before the Board. The proposed plans were reviewed and discussed. It was noted that the front yard setback required in this district is 35 ft., The existing building is 27 ft. from the front line, and the Oroposed addition is to be set back 24 ft. No/one else was present to speak in favor of this appeal. The Chairman asked if there was anyone present to speak against the appeal. Dir. Vincent diGennaro, attorney, came before the Board reprisenting Mrs. Sarah Raffaele, an abutting property owner, who was also present. He noted that Mrs. Raffaele resides on the opposite side of Ketchamtown Road, and objects to permitting the conbtruction of a building that does not meet the Zoning Ordinance requirements. He stated that the Board would be creating a violation on top of an existing violation if they were to grant this variance. He stated that if this road is widened at some time in the future, this building will be much too close to the road. No one else was present to be heard. The Chairman declared the hearing closed at 8:18 p.m. PUBLIC HEARING - Appeal # 71, at the request of Margaret J. Zoning Board of Appeals --2- December 12, 1967 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. Mr. Charles Card was present for the appeal, and came before the Board. The Board asked Mr. Card if the store was constructed at the elevation given to him by the State. Mr. Card's reply was yes. Mr. Card noted that Mr. Murphy of the New York State Department of Transportation has stated that their department could allow him the curb cut to Fowlerhouse Road, since that particular section of said road is State-owned property. Mr. Jacobson asked how a curb cut is obtained from the State. Mr. Ludewig explained that a written application must be submitted to the State for such a cut. Mr. Card stated that Messrs. Murphy, Veracea, and Amico, of the New York State Department of Transportation, have told him that they will not issue a second curb cut to Route 9 because of the difference between the existing elevations of the store and the highway. He further stated that they would not give him the necessary forms to fill out for a curb cut application. He noted that he has recently been in contact with Mr. Vogel of the same department. Mr. Ludewig reported that Mr. Vogel had contacted him and inquired as to the Town's position on the issuance of a curb cut to Fowlerhouse Road, since this particular section of the road is presently owned by the State but eventually will be turned over to the Town. Mr. Ludewig stated that he explained the circumstances to Mr. Vogel, and informed him that the original approval of the site plan requires a 3 -ft. fence to be constructed along this property line. Mr. Card stated that Mr. Vogel had told him that, if the Zoning Board of Appeals granted this variance, he would then have to clear the matter with Mr. Sal Amico. Mr. Vogel had also told him that the State could allow the cut onto Fa4lerhouse Road without the variance, but after the property is taken over by the Town, the Town could make him close the opening and put up the fence. Mr. Rudolph E. Lapar, Engineer to the Town, was present and reported that he made a field inspection of this property on the 11th of December. He reported his findings to be an 8 to 11 ft. *.• difference between the elevation of the highway and the elevation of the store, the store being that much lower than the highway. Zoning Board of Appeals -3- December 12, 1967 He noted that the store is supposed to be above the highway. Mr. Hirt noted that it should be established whether the highway was built 5 to to feet higher than was originally planned, or whether the store was built that much lower than it should have been built. Mr. Lapar noted that the property does not drain to the dry wells, as was called for in condition # 2 of the March 31st, 1966, approval of the original variance. Mr. George Card, the appellant's son, came before the Board and stated that Mr. Rowan, Mrs. Card's engineer, obtained the elevation figures from the State before the store was constructed, and that the store was constructed in accordance with these figures. Mr. Charles Card asked if he would be permitted to lift the store and bring the site up to the elevation of the highway. Mr. Lapar felt that this was an excellent proposal. Mr. Koehler stated that he is not satisfied with respect to Mr. Card's having only verbal communication with the State on the denial of the second curb cut to Route 9, and with respect to the difference in the existing elevations. He felt that there was an indication that the drainage was not installed properly, or in accordance with the conditions of the ori#nal variance. He was also dissatisfied in that all of these conditions have not yet been fulfilled. The Board asked Mr. Card to submit, at its next meeting, a written denial from the State for the second entrance onto Route 9, and they asked him to have Mr. Rowan attend said meeting to discuss the matter of elevations with them. The Board also asked Mr. Ludewig to make an official request to the State Department of Transportation that their representative attend this meeting to discuss with them the matter of elevations. No one else was present to speak in favor of the appeal. The Chairman asked if anyone present wished to speak against the appeal. Mr. Harry Ries, Peggy Lane, stated that obviously an error has been made in elevation, and it was made by either the State or Mrs. Card's surveyor. He felt, therefore, that Mrs. Card's complaint should be addressed to the State of New York, and not to the Town of Wappinger. Mr. Ries further stated that the original variance was granted based on certain conditions, many of which have not yet been complied with. Mr. Koehler asked Mr. Ludewig if it appears that all conditions will be complied with. Mr. Ludewig stated that all conditions will have to be complied with before a final Certificate of occupancy can be issued. VOW Mr. William McGaughrin, Fowlerhouse Road, asked why Mr. Card has already constructed the curb cut, and was allowed to do so on Town property. 1 Zoning Board of Appeals -4- December 12, 1967 Iftw The Board noted that this is not Town property. Mr. McGaughrin stated that it is hazardous, with children waiting for school buses at this intersection, to allots commercial traffic to have access to Fowlerhouse Road from the store. Mr. Bill Garnsey, Fowlerhouse Road, objected to allowing the flow of commercial traffic on a residential street. Mr. Garnsey stated that before the old store building was demolished, one of the State's construction engineers on the Route 9 project placed a mark on the building indicateng the proposed elevation. Mr.. Garnsey said he put a line level on that mark and found that Mr. Card was about 5 feet below the elevation with his new foundation. George Card stated that they shot the grade from that mark to the foundation. Mr. Kyle, N. Fowlerhouse Road, ob4ected to allowing access to Fowlerhouse Road from the store property. No one else was present to speak against the appeal. A motion was made by Mr. Jacobson, seconded by Mr. Koehler, to adjourn this public hearing until January 9, 1968, at 8:00 p.m. Motion Unanimously Carried The Board adjourned to executive session at 9:10 p.m„ and the meeting was reconvened at 10:17 p.m. In reference to Appeal # 70, A motion was made by Mr. Hirt, seconded by Mr. Koehler, to grant the variance requested by William George Buche, on the grounds that: (1) the circumstances are unique to the parcel and the house in that they existed prior to zoning, (2) the request does not change the character of the district, and (3) this addition could not be located in any other area of the house. Motion Unanimously Carried In reference to Appeal # 65, A motion was made by Mr. Mills, seconded by Mr. Jacobson, to deny the variance requested by Arthur J. Bisom because no hardship has been proven, and the site is not big enough to accommodate the proposed expansion, necessary front yard improvements, and adequate off-street parking. Motion Unanimously Carried In reference to Appeal # 68, A motion was made by Mr. Jacobson, seconded by Mr. Mills, to deny the variance requested by Scenic Apartments, Inc., because: (1) no hardship has been proven, (2) there are no circumstances unique only to this parcel, and (3) granting such a variance would establish a precedent that would adversely Zoning Board of Appeals affect community development. -5- December 12, 1967 Motion Unanimously Carried In reference to Appeal # 69, A motion was made by Mr_. Koehler, seconded by Mr. Jacobson, that Appeal # 69, at the request of Frank F. Witham, James T. Boyle, and Alexander Koskos, be upheld in that Building Permit # 67-107 is not in accordance with the Zoning Ordinance of the Town of Wappinger, since a cable TV company and/or cable TV antennae is not a public utility, as defined in said Ordinance. Mr. Koehler, Mr. Jacobson, and Mr. Hirt voted yes. Mr. Graham and Mr. Mills voted no. Motion Carried A motion was made by Mr. Mills, seconded by Mr. Jacobson, to adjourn the meeting. Motion Unanimously Carried The meeting was adjourned at 1000 p.m. sjp APPROVED, FEBRUARY 13, 1968 In Respectfully submitted, Susan J. Pike, Secretary zoning Board of Appeals Town of Wappinger