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1966-02-24 PHA Public Hearing on Beatrice Irving Property Rezoning Application was held by the Town Board, Town of Wappinger, on February 24, 1966, at the Town Hall, Mill Street, Wappingers Falls, New York. Present: Joseph H, Fulton - Supervisor William J. Bulger - Justice of the Peace Vincent S. Francese - Justice of the Peace Absent: None Others Present: Joseph D. Quinn Attorney for the Town Harold H. Reilly - Attorney for the Town Joseph E. Ludewig - Building Inspector Louis D. Diehl - Councilman Louis C. Clausen - Councilman Elaine H. Snowden - Town Clerk The Public Hearing was called to order by Mr. Fulton at 8:08 P.M. Clerk read the notice of public hearing on proposal to amend zoning ordinance and verified its publication. TO THE TOWN BOARD OF THE TOWN OF WAPPINGER: The undersigned, owner of real property situate in the Town of Wappinger, Dutchess County, New York, which same is more particularly described in Schedule "A" hereunto attached, and which same is presently zoned "RD -20, Optional Dwelling Residential District", respectfully requests the Town Board of the Town of Wappinger, in accordance with the previsions of the Town Law of the State of New York, and the zoning ordinance of the town of Wappinger, Dutchess County, New York, adopted January 29, 1963, as amended, to change, alter, amend and modity said zoning ordinance as it affects the premises of the Petitioner, and each and every part thereof, from "RD -20, Optional Dwelling Residential District" to zoning classification "GB, General Business District", and to modify, amend, alter and change the zoning ordinance of the Town of Wappinger in conformity therewith, as well as the official zoning map of said Township filed in the office of the Clerk of the Town of Wappinger, the amendment, change and alteration of which said map shall be in accordance with the request herein, and further, that the Town board of the Town of Wappinger undertake to and perform each and every action necessary to rezone said premises as herein requested. Dated: November 23, 1965 SCHEDULE "A" s/ Beatrice IrVing All that tract or parcel of land situate in the Town Of Wappinger, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at the intersection of the easterly line of lands of Beatrice Irving with the Southerly line of the New Hamburg TurnpikeHunning from Hughsonville to the Albany Post Road (Route 9) and runningthence with the Easterly line of lands of Beatrice Irving South thirteen (13) degrees thirty (30 minutes thirty (30) seconds East seven hundred twenty (720) feet; thence with line of lands formerly of Irving the following course $ and distances North seventy three (73) degrees seventeen (17) minutes West two hundred forty (240) feet; thence North thirteen (13) degrees thirty (30)minutes thirty (30) seconds West seven hundred twenty (720) feet to said turnpike; thence with the southerly line of New Hamburg Turnpike the following courses and distances South seventy two (72) degrees thirty three (33) minutes East ninety (90) feet; thence South seventy three (73) degrees forty three (43) minutes twenty (20) seconds East one hundred fifty (150) feet to the place of beginning. Containing three and four hundred twenty four thousandths (3.424) acres of land. Mr. Fulton: Is there anyone here to speak in favor of this rezoning? Miss Beatrice Irving, Attorney James Coombs, and Mr. Arthur Dyson were present for the petition. .s - Mr. Coombs addressed the Board on behalf of Miss Irving, beginning with a brief resume of the property's history and growing need. He cited the fact that the business has outgrown its present bounds. In order to alleviate an unaccept- able situation, the petitioners felt it necessary to expand on the building and a zoning change would be necessary. They intend to extend the building, which was constructed with the idea of expansion. As enlarged, it will be a more becoming store for the area. This is a neighborhood store and it is becoming more necessary because of new developments and apartments. Closest store is in Hughsonville. Along with the expansion, it is intended to improve the landscaping around the building. People in the area are agreed that an expansion is desirable. A petition was circulated and signed by most of the people as they felt the store should remain and be expanded. Later, people withdrew their signatures because they felt the area to be rezoned was too large. This was a misunderstanding of the ordinance and our intention. The area the store services if the Post Road in the area of Patty's Drive -In, Card Development, New Hamburg Turnpike and easterly portion of Hughsonville. The change will be desirable because the area will be cleaned up. Mr. Fulton: What is the road frontage? Mr. Dyson: 240 feet. Mr. Coombs: building is now 26 x 32. Anticipated expansion about -30 x 40 or 30 x 50. It will be an "L" shaped building, with addition on the westerly side. Mr. Quinn requested Coombs to file site plan with the Board. Mr.. Coombs agreed, with the understanding that he was not certain that this was the final proposed extension. Mr. Ludewig pointed out the location of the Irving property on the zoning map. Mr. Fulton asked if there was anyone else to speak in favor or rezoning. There were none. There was some discussion, prompted by Mr. Bisom's question as to why the petition read "General Business" instead of "Local Business". Mr. Fulton asked if there was anyone else to speak in favor of rezoning. There were none. Anyone against? Mr. Herbert Winters, Old Hopewell Road, Hughsonville, asked a few general questions. Question: Is the zoning change on the south side only? Answer: Yes. Question: Is. this all of the parcel, or is there more Irving land adjacent to this? Mr. Francese asked Mr. Winters if his property abuts any of the Irving property. It does not. i 54 Question: Does Mr. Dyson lease this land? Answer: Yes. Mr. Winters: I am concerned that the area might get a lot of commercially zoned property on this road. Residents would like Mr. Dyson to expand but not any additional zoning of a commercial nature. Mr. Bill Spiedling: No property abutting the Irving property and not against the zoning. He asked if it is not possible to enlarge this store by obtaining a variance on the building, rather than by rezoning. Mr. Quinn: I doubt that it can be done under the General Principles of the Law. I think it would be a variation of the ordinance. Mr. Spiedling: If the change is granted, could it be stipulated that it is only for the enlargement of the store? Mr. Quinn: Obviously this request effects only the parcel involved. If there is a rezoning, it could not be done conditionally. It would be ill- advised for this Board to amend their ordinance to accommodate this situation. Mr. Fulton: For the benefit of the people here, the Zoning Administrator will explain the difference between Local Business and General Business. Mr. Ludewig read the definitions of Local and General Business from the zoning ordinance. Mr. Bryers - Wappingers Park Homes: How much of Route 9 and 90 is General Business or Local Business? Would there be enough room on 9 and 9D for business to flourish w-ithout going any further? Mr. Ludewig pointed out these areas on the zoning map. Mr. Bryers: Would -this- be an island of General Business on Hopewell Road? Does this mean others might ask for the same consideration? Isn't it possible that they might use this zoning change to seek other changes? I am against this particular zoning change. Mr. Francese: Is any of your property abutting the Irving property? Mr. Bryers: No, but I don't think the move would be desirable. Mr. Bryers: There is no mention of Mr. Dyson in the petition. Mr. Fran- cese to Mr. Dyson: Do you have a long-term lease? Mr. Dyson: Five years, runs out in October of this year. •It does not include the entire piece of land. I lease the building with no stipulation as to- how much I can use. Mr. Francese to Mr. Dyson: Is there a termination clause in your lease? Is it possible for either party to terminate the lease with, say, a 90 -day notice? Miss Irving: No, and he has the right of hold -over. Mr. Winters to Mr. Dyson or Miss Irving: Why is this General Business rather than Local Business? Miss Irving: I think you have known me for a while - my word is good. I own all the property across the street from that store and I will not do anything to jeopardize it. Mr. Winters: Word does not hold up in court. Mr. Coombs: I would like to reiterate about the property across the street. Property on the same side was subdivided. It was decided to make it so that we wouldn-'t have a case of spot -zoning and using this parcel as an argument for future rezoning. As far as General Business along Route 9, the area we are talking about is R-20 and we think it should remain a resi- dential section. It is also our feeling that we will have a larger need for this kind of a store to service the enlarging area. Mr. Schmalz: As I understand it, these approvals go before the Plan- ning Board. Could I request that the Planning Board recommendation be read. Town Clerk read a letter from the Planning Board dated January 6, 1966, recommending the request for rezoning to General Business be denied because the size of the area does not lend itself to General Business. Mr. Clausen: Would Miss Irving be willing to amend the petition from General Business to Local Business? Mr. Quinn: If the petitioner does wish to amend this application to ask for rezoning to Local Business, I think this matter will have to be adjourned and resubmitted to the Planning Board, with re -publication as well, to the extent that the notice would be amended to show that it was an adjourned hearing on the request to change from General Business to Local Business. Mr. Bisom: Is that Local Business store or stores? Mr. Quinn: It could be any number of structures. Mr. Bisom: What happens to other stores in the vicinity? Mr. Quinn: There is no hardship on permitted use. The question of hardship does not present itself. Mr. Coombs: We intend to - urge the present application and urge its approval as submitted. Mr. Bryers: I would like to make my'point -and ask that the Board look at the Planning Board's recommendation in making their judgment. Mr. Coombs: At that hearing of the Planning Board, the reason given was because the property was too small. We feel that the property is not too small and not too large. They would have us enlarge this tract if we are going to do it at all. Mr. Diehl: In my opinion, the store needs improving. I think the point to be resolved is expanding the store and yet preventing any undesirable business coming in. Mr. Spiedling: I am not against enlarging the store, but unless:it can be specific and restricted, unless the rezoning is not General Business, I would like to go record as being against. The Board went into Executive Session at 9:00 P.M. The Hearing recon- vened at 9:25 P.M. Mr. Fulton: The hearing is called back to order. In regard to the petition to rezone a parcel of B. Irving property from R-20 to General Business, the Board is now prepared to vote. Upon Roll Call, the vote was as follows: Joseph Fulton - Voting: nay Louis Clausen - Voting: nay Louis Diehl - Voting: nay William Bulger Voting: nay Vincent Francese Voting: nay Petition Unanimously Denied Mr. Fulton: I am authorized to make this statement. The decision of the Board is that it would impose too great a burden on the surrounding area. However, the decision does not preclude the presentation of other proposals. Mr. Clausen made a motion to adjourn, seconded by Mr. Bulger. Motion Carried Unanimously Hearing closed at 9:30 P.M. Signed: Town Clerk 54