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1966-03-22A special meeting of the Town of Wappinger zoning Board of Appeals was called to order on March 22, 1966 at 8#00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York.- Members ork.Members Presents David N. Koffsky Richard Jacobson Gordon Hirt Frederick Koehler Absents Thomas Graham The secretary read the minutes of the March 3, 1966 meeting. A motion was made by Richard Jacobson, seconded by Gordon Hirt, to accept the minutes of the special meeting of March 3, 1966 as read. Motion Unanimously Carried A motion was made by Richard aacobson, seconded by Gordon Hirt, to approve the minutes of the regular `r meeting of January 11, 1%6, as written. Motion Unanimously Carried A letter was read which was received from the Planning Board asking the Board to review their proposed amendment to the zoning ordinance affecting non --conforming uses. 8s00 P.M. - Public Hearing on the application of Margaret J. Card for an interpretation, ruling, and variance of the regulations of the Town of Wappinger zoning ordinance to permit relocation of a legally non -conforming store on her lot located on the west side of Route 9 and the south side Qf Fawlerhouse Road. Interpretation and ruling are`®ught for Sections 416.034, 416.035, also, a 16 -ft. variance for rear lot line regulations, and if required, a 10 -ft. variance of the front yard setback. Mr. Koffsky stated that all papers on file in reference to this appeal will be incorporated into the hearing. %4W Mr. Brown, attorney for Mrs. Card, spoke in favor of the appeal - "The matter has been before you as you stated. I shall briefly review the basis for this application. The Cards operate a grocery store on Route 9 in the Town of Wappinger. They are faced with a unique hardship situation with relation to the operation of that store because of the fact that in the course of widening Route 9, the State of New York is taking, under Eminent Domain, a certain amount of land from the Cards which.will make it impossible to carry on the business in the existing building. The proposed building will be smaller (than the existing building. It will be made more attractive in order to blend in with dwellings which are in the Card Development. it will contain no apartment on the second floor which the existing building now has. There is.an extension on the existing building for a furnace room which will not be on the new building. In essence, we have a unique hardship situation. We have simply requested to carry on a business which has been carried on for such a time. I hope you will find it a reasonable request. In the papers I have before you I have a letter from the Dutchess County Dept. of Health indicating that they approve of the plans with respect to the health standpoint." Mr. Koffsky asked how long the grocery store has been in operation. Mr. Card replied two years. Mr. Koffsky asked how long this use has been present on this site. Mr. Card stat:! that it was built in 1955 and has been a ':.usiness use since then. Mr. Hirt asked if there was a letter received from the Highway Dept. The reply was yes. Mr. Koffsky asked that Mr. Card explain the site plan. Mr. Card reviewed the site plan with the Board stating that there is a proposed b ft. basketweave fence along the back lot line. The Chair asked if there was anyone to speak in favor of Mrs. Cards appeal. Mrs. William Montgomery, Old P'owlerhouse Road, stated that she felt the store is most convenient. She stated that it is convenient to her because she has two small children and does not drive. She stated that it is one of the best stores in that and of town. Mrs. Brown, South Fowlerhouse Road, stated that she works days and has a teenage daughter at home. She stated that this store is convenient if her daughter needs any- thing. Mrs. Josephine Cole stated that she felt the store is a convenience. Mrs. Garnsey of the Card Development stated that the store is a necessity to the neighborhood. He stated that every other residential area in the Town has a small neighborhood store, and this area should have one too. The Chair recessed the hearing for approximately 7 to 10 minutes. The maps were available to those who wished to view theirs. The meeting was called back to order at 803 P.M. The Chair asked if there was anyone else who wished to speak in favor of the appeal. Violet Melius, 112 Market Street, Wappingers Falls, stated that the store is needed. She stated that is is a convenience because it stays open while others are closed. Jeanette Melius, Middlebush Road, stated that the store is a convenience for her because it is closer and easier to get to than the Grand Union. Mrs. Martini, Route 9, stated that she lives across the street from the store and finds that it is a great convenience to her daughter. The Chair asked if there was anyone present who wished to speak against Mrs. Card's appeal. *OW Mr. maGaughrin, Fowlerhouse Road, stated that he had signed the petition in favor of the store. He stated that he would have no objections if the Board makes Mr. Card do what he says he will do. He stated that if the Board makes him put up the fence and does not let him use their road for an entrance, he is in favor of it, but only under those conditions. Mr. Woolheiser, Fowlerhouse Road, stated that his house is adjacent to the store property. He objected to the proposed fencing along his property line, stating that the Board should require a higher fence. Mr. Koffsky stated that on the proposed plan is shown a double row of trees 4 ft. high. He stated that Mr. Card has offered to erect a 6 ft. basketweave fence. Mrs. Woolheiser stated that at the last hearing she had asked the Board to come down and inspect the site. She asked if anyone had done so. The Board members stated that they had each seen the site. Mrs. Woolheiser stated that they use their side porch a lot, and stated that they will be looking directly out at the concrete blocks. She invited the Board to come down and look from her porch. She wanted a guarantee that the fence would be a clean one and a high one. Mr. Koffsky asked how high the fence should be. Mrs. woolheiser stated that she did not want to be looking at a concrete block wall. She stated that the fence would have to be high enough so that she would not be looking at that and the debris. The Board discussed the elevation of the property. Mr. Koffsky stated that there is a 7 ft. elevation between the rear lot line and his parking lot. The property continues to slope. Mr. Hirt asked if the Route 9 side of the property is on flat ground. The reply was yes. Mr. 3ingley, Peggy Lane, asked if Mr. Card would be restricted to the elevations shown on the plans submitted. Mr..Hirt stated that these are the grades to which he must present himself to Route 9. Mr. Koffsky stated that the Board is not required to go out after it is all over and check grades. Mrs. William Montgomery asked if these people had bought their homes before the building was there. Mrs. Woolheiser replied no. Mr. woolheiser asked who is going to maintain the fence. it was stated that Mr. Card would be responsible for maintenance of it. Mr. Halpin, Powlerhouse Road, stated that the store property comes up to a heighth of about 12 ft. and is practically level with Mr. Woolheiner's window. He stated that there is a parking area which will face west on Powlerhouse Road, and therefore, the lights from the cars will shine in the windows. Mr. Hirt stated that a rail fence is proposed on the map. Mr. Halpin stated that if this appeal is granted, Mr. Woolheiser's property will greatly drop in value. He asked why Mr. Card couldn't put the store in front of his own house. Mr. Koffsky stated that this non -conforming use was established on and continues on this lot, and that a non -conforming use cannot be established on a lot where it has not existed previously. Mrs. Halpin, rowlerhouse Road, stated thatthis is the corner where the children get the schoolbus. At the present time, without the store so close, there is a great problem with cars coming and going on Route 9, and trying to get in from Route 9. There will be more of a problem if this use is allowed to continue. Nobody would' like their property adjacent to the store. Mobody would like the car lights shining in their windows, nor would they like looking at the trash. This is nothing but a place for rats, and that is a health hazard. There is trash up by Route 9. People complained to the Board of Health in the Towns of Wappinger and did not get anyplace. You gentlemen would not want it if you owned a house in the neighborhood. This house was bought in good faith. Mr. Harry Ries, Peggy Land, stated that he felt there is no great hardship involved. Mr. Koffsky stated that if a man's business is demolished, this would be a hardship. Mr. Ries - Section 544 states that the Board, after certain circumstances would grant a variance to move a building. He has been aware for well over a year that he was going to lose his store. Mr. Koffsky - That building has been subject to commercial use from 1955 through today. The matter is that the man's commercial use has been curtailed. Mr. Ries - A business he went into after the Ordinance was established, knowing it was going to be demolished. Mr. Koehler - You imply that Mr. Card opened the store knowing that the property was going to be taken by the State for the extension of Route 9. I'm not sure the finalised plans were formulated. Mr. Ries - The building he is going to lose - you can grant any reasonable change. Grant him permission to build a dwelling so that he can rent it out. This would be reasonable. I think the Ordinance calls for a minimum adjustment. I would say that putting this building where it is proposed is not a minimum adjustment. Mr. John Battista, Fowlerhouse Road, asked what type of business was in the building before it became an upholstery place. Mr. Card stated that a man had been using the building.for molding aluminum, and it had also been used for storage. Mr. Ries - Keep it residential. Rentaa house. This, i think, is reasonable use of the land. it is spelled out quite specifically in the Ordinance. Mr. Koffsky - What makes you think it is of residential nature or has bean for the past ten years? Mr. Ries - The road will be straightened out. As we turn into our yeard, the store will set there. We will now have a store 24 or 26 feet from residential area. Mr. Koffsky - The only change of the eh&raeter of the residdntial area is that the store will be closer. Mr. Ries - it will be right on the corner of the street. 11%r Mr. Harold Reilly, Attorney for the Town - There are two questions that are presented in this petition. Tha first is whether or not the applicant has a right to continue his use of the land. He has had the use down there for the past ten years. He is requesting The Board to interpret to determine whether or not he can continue his use. If the Board rules that he can, he must then turn in his second part of the request to set the store on the property. Mrs. Edward Dexter, Fawlerhouse Road, - We have only lived there for three years. when we moved in, the upholstery place was there and there was no traffic. The grocery store creates a traffic problem. Mr. Tom Larkin - I don't see why the Woolheisers should be sacrificed for Charles Card. That place is a regular dump. I have lived in the area for 13 years. Their value will drop considerably. Mr. Singley, Peggy Lane - I think the whole question is how it affects the Woolheisers. Mr. Card has been known to leave cement mixers on property long after the building has been finished, has left bulldozed trees on vacant lots, has excavated lots for a foundation and leaves it excavated after finding he can't build. Mrs. Woolheiser asked the Board to inspect the site from her side porch. She asked if the Board had inspected the property. Mr. Koehler stated that he had walked around the premises. Mrs. Brown, South Fowlerhouse Road - I am three houses away from Charles Card, I've yet to see garbage, etc. The Bluebird makes more noise at midnight than the store makes Pt 10:00 P.M. Mr. Garnsey stated that he has had lights shining in his windows for quite some time. He stated that hb is home all day and has never seen more than 2 cars go up the street at one time. He stated that at the rush hour, he has never seen more than 4 ears go by. In reference to.the rats and garbage, he stated that he has seen houses on Fowlerhouse Road with garbage cans in the street tipped over. Mrs. MontgMery, in reference to the traffic situation, stated that the newly opened dentist office across from the Evans School creates a traffic problem. Mr. Card - I would like to answer two questions, this buileing will not about 12S feet from Fowlerhouse Road. 2n reference to Mrs. Halpin's oquestion about . 4 *#A. Fowlerhouse Road and children going to school, there is 20 ft. to the building. In addition, on the map is ahm;n a 3 ft high chain link fence along Fowlerhouse Road to the entrance of Route 9. There is no entrance onto or off of Fowlerhouse Road. Mr. Battista - Once you grant this variance on the basis of these plans, what is to force him to put it up as he stated he would? Mr. Koffsky - Any variance which is granted by the Board can be conditioned. Mrs. Ries - According to the map ;you have, they have made provisions for evergreens, and Mr. Card stated that he would put up a fence. 'Gould any inspection be made to see that the Woolheisers and the Cards are in agreement to this f6nce? Mr. Koffsky stated that the Board would stick to the map and abide by the contours. The maximum difference between the front and rear of his property is 7 ft. Mr. Larkin questioned the validity of the site plan. Mr. Koffsky stated that by signing the map, the engineer has certified its correctness. Mr. Larkin felt that the land should be resurveyed and felt that the Board should not accept the map. Mrs. Ries asked if when they put up tA%e new store, will it be the same elevation as it is now. Mr. Card stated that it would. Mr. Garnsey stated that the new store would be a definite improvement for that comer. Mr. Ries - As I understand, there are two questions - one for the commercial use to be continued and the other for a variance to be permitted. I read in the ordinance there can be a minimum adjustment on a variance, and I request that the zo►rd keep this in mind when they make their decision. A motion was made by Gordon Hirt, seconded by Richard Jacobson, to adjourn the meeting. :Motion Unanimously Carried Mooting adjourned at 9:40 P.M. Respec=,Secretary Susan zoning Board of Appeals Following an executive session, Mr. Koffsky told Mr. Card informally that the appeal would be granted subject to terms not forth in a resolution to be drafted.