But will it fit on the lot?

By DAVID HULSE

BARRYVILLE, NY — “Will the car wash fit on the lot?” was the question before Town of Highland planners last week.

Alan Hochhauser’s proposed car wash at the corner of Mail Road and County Road 21 hit a snag with the discussion of sideyard setbacks. With the building facing south, the required side yard setbacks lack about four feet.

There really is no place to make up the space. Hochhauser offered to realign his property line on the adjoining post office property, but planners said that would only create a greater non-conformity on that lot.

“I could turn the building toward Mail Road, but then you wouldn’t be able to live across the street,” he said adding, “We don’t want to hurt anybody with this.”

Attorney Michael Frey argued that the drafters of the sideyard requirements could not have meant them to apply to commercial properties like this, or how would you ever develop a downtown without adjoining buildings?

Chairman Charles Gutekunst said he was one of the drafters and it was meant to apply everywhere. He said he would not set a precedent with this application.

The decision left Hochhauser with the mission of re-situating the building on the lot in a way the planners could approve at their next meeting, since the approval/denial deadline for the board will expire with that meeting. Gutekunst warned that everything had to be completed by next month if the project was to win approval.

Planners had already hashed out most of the details, which included limitation of operating hours to 7:00 a.m. to 10:00 p.m., limitation of nighttime lighting, the installation of traffic signs at the entrances and exits, and additional landscape shrubbery.

Failing to win approval next month, Hochhauser would be forced to seek a zoning variance from the zoning board of appeals.

In other business on September 3, the planning board, following a public hearing, approved an additional 17 new lots, each between five and nine acres in size, at the Highland Estates subdivision, the former Robinson’s Sawmill property. The new approval brings the number of lots to 24, with one large 36-acre section still unsubdivided.