1967-09-12The regular meeting of the Town of `aappinger Zoning Board of
Appeals was called to order on Tuesday, September 12, 1967, at
8:10 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York.
Members Present:
Thomas I. Graham, Sr.
Richard E. Jacobson
Members Absent:
H. Frederick Koehler
Others Present:
Gordon A. Hirt
James Mills, Jr.
Joseph E. Ludewig, Building Inspector & Zoning Administrator
Susan J. Pike, Secretary
The Secretary read the minutes of the regular meeting of
August 8, 1967.
A motion was made by Mr. Graham, seconded by Mr. Hirt, to
approve the minutes of August 8, 1967, as read.
Motion Unanimously Carried
Public Hearing - Appeal # 59, at the request of Texaco, Inc.,
seeking a variance to permit the erection of a free-standing sign
rnr larger than permitted by the Zoning Ordinance, on their gasoline
filling station site located on the southeast corner of the
intersection of realigned Route 9 and Hopewell Junction Road, Town
of Wappinger.
Mr. William I. Westermann, Division Construction Engineer for
Texaco, was present for the appeal. He noted that the sign they
would like to erect is hexagonal in shape and exceeds the maximum
square footage permitted by the Ordinance by only 1.81 sq. ft. He
further noted that it will be a stationary, illuminated sign
constructed of white plastic and black leather.
Mr. Ludewig stated that the sign was included on the site plan
approved by the Planning Board. He explained that this variance is
requested because the proposed sign is Texaco's smallest and standard
size, and in order to meet the Zoning requirements, they would have
to go to the expense of having a special sign made for this site.
No one -else was present to be heard for or against the appeal.
The Chairman declared the hearing closed at 8:25 p.m.
A motion was made by Mr. Hirt, seconded by Mr. Mills, to grant
the variance requested by Texaco, Inc., in Appeal # 59, and note
that it is the feeling of the Board that since the size of the
sign proposed is Texaco's standard size and it so nearly meets the
requirements of the Zoning Ordinance, it is not unreasonable to
permit its erection. Motion Unanimously Carried
Public Hearing - Appeal # 60, at the request of Joseph E. Ludewig,
Zoning Administrator, seeking an interpretation of Section 421,
Zoning Board of Appeals -2- September 12, 1967
Paragraph 15, in order to establish whether the term "Medical Clinic"
includes the practice of dentistry.
Mr. Ludewig was present for his appeal and stated that he
requested the interpretation because he has been approached by a
Dentist, Dr. James Fleck, who is anxious to set up practice in one
of the most populated residential areas of the Town. A Dentist's
office is listed in the Ordinance under "Permitted Accessory Uses
in Residential Districts". Mr. Ludewig explained, however, that
Dr. Fleck has indicated that he would like to establish his dental
office as an accessory use to his residence, as permitted by the
Ordinance, but eventually would like to move his residence out of
the building and convert the building into offices for professional
men or establish a dental clinic. This conversion would change the
use of the building from "accessory" to "principal". Paragraph 15,
under "Permitted Principal Uses in Residential Districts", lists
"Medical Clinic" as being permitted, subject to obtaining a special
use permit. Mr. Ludewig noted that if the Board interprets "Medical
Clinic" to include the practice of dentistry, Dr. Fleck's proposal
would be a "Permitted Principal Use" in a residential area.
Dr. Fleck was present and confirmed what Mr. Ludewig had
explained. He further explained his reason for wanting assurance
of being able to eventually convert the building to professional
offices - "I would be permitted to build a dental office with
residential quarters. Many cases have started out as home -office
operations, and what eventually happens is the practice becomes
larger and requires a larger portion of the building, or the
family becomes larger and requires more room than is available.
Then you find that because of the Town Ordinance, you can't move
out without moving the office. What I want to do, in the long
run, is provide a medical facility for the DeGarmo-All Angels area
which will include dentists and physicians. I can't do that now,
financially, but I would like to go into home -office conditions with
the understanding that I can move out and convert the building into
a medical facility. I have in mind the idea of a 2 -story colonial
building with living quarters upstairs and the dentist office
downstairs. It will be similar to the doctor's office on Route 82,
at the entrance to Dutchess Park."
Mr. Mills asked Dr. Fleck if he might eventually request a
permit to enlarge the building.
Dr. Fleck stated that he has given the matter some thought
and feels that if the need is there and he can attract the medical
men by constructing additional facilities, he would do so, but he
noted that in any case he will have to be within the limitations
of the Ordinance. He further noted that the property he has in
mind is a full acre in size, and also, he has consulted with engineers
who feel he would have sufficient off-street parking, etc.
Mr. Ludewig noted that if this use is interpreted as being
permitted, Dr. Fleck will have to go before the Planning Board for
a permit for expansion, as well as a permit for the establishment
of the initial operation.
Zoning Board of Appeals -3- September 12, 1967
Mr. Ed Aiello, Real Estate Agent, was present and expressed
an interest in finding out what the Board's interpretation will
be.
No one else was present to be heard. The Chairman declared
the hearing closed at 8:45 p.m., at which time the Board went
into an executive session and reconvened at 9:09 p.m.
A motion was made by Mr. Jacobson, seconded by Mr. Mills,
to adopt the following resolution:
"IT IS RESOLVED by this Board that the practice of dentistry
be included within the term "Medical Clinic", as used in
Section 421, Paragraph 15, of the Town of Wappinger Zoning Ordinance."
Motion Unanimously Carried
The Board received a letter, dated August, 1967, from
William J. O'Hare, Attorney at Law, regarding Highway Displays, Inc.,
Building Permit # 67-107. Enclosed with the letter was a notice
of appeal, also in reference to this matter.
Chairman Graham stated that he would seek legal advice from
the Town Attorney on this matter.
A motion was made by Mr. Mills, seconded by Mr. Jacobson, to
✓ adjourn the meeting. Motion Unanimously Carried
The meeting was adjourned at 9:17 p.m.
Respectfully submitted,
C V_
Susan J. Pike, Secretary
Zoning Board of Appeals
Town of Wappinger
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APPROVED, OCTOBER 10, 1967