The Woodstock ZBA upheld multiple violations issued by the town’s Building Department for a business in a residential area, ending a business that has been in operation since the 1940s. Longtime property owner Robert Holapple said he plans to sue the town.
Following complaints from neighbors, the Department of Buildings issued an order in January 2023 to correct violations at Holsapple’s property at 259 Wittenberg Street.
Several commercial vehicles are stored on the property, some belonging to a tenant who runs a tree service and others belonging to a nephew who runs a maintenance business.
Mr. Holsapple maintained that the use of his properties has historically been a mix of housing, retail sales and services, repairs, and storage of vehicles, equipment, and materials. The business began in his 1940s, long before the town was zoned, as an electrical, plumbing and excavation business run by his father, named Robert, who lived on the property. Business expansion in the 1960s included selling and repairing motorcycles and other of his recreational vehicles, which continued into his 1980s.
In the 1990s, Holapple’s brother began using the property for a home maintenance business, and it is now owned by Robert’s nephew.
Recently, neighbors complained that the noise increased from 6:30 in the morning and continued into the late afternoon. Most are new neighbors, but those who have lived nearby for 41 years have noticed that the area that previously served as a noise buffer has been expanded and cleared out.
Despite numerous letters and comments supporting Holsapple, the ZBA ruled that its use represented a significant change.
“The code language regarding nonconforming uses is very clear,” ZBA Chairman Gordon Wemp said in a Feb. 14 decision, stating that “expansions, relocations, additions, and increased visual impacts shall not be Even if there is, it is prohibited.” “The ZBA is responsible for enforcing the law regardless of how long a property owner has lived or worked on the property.”
The nephew’s use of the office was the only business that predated the zoning requirements, the ZBA said. “The nonconforming use of the premises has unacceptably expanded from one office for family use to the rental of four more offices. This is not applicable because existing nonconforming offices are not permitted in the R-3 zone. ” said the ZBA. Domination.
Holapple said he believes the town has a hidden agenda to eliminate nonconforming uses, and that “the people of the town are behind it.” “They kicked out all the locals.”
Holapple said his father did a lot of contract work for the town, including water main work, fire hydrants and signs. He said the current activity is far less than when the family was active on the trails on dirt bikes and his ATV.
“Activity on my property is down probably 75 to 80 percent. There’s very little traffic here. There’s very little noise,” he said. “Some of the noise they are complaining about does not come from my property. Backup buzzers were one of the issues raised, but we do have backup buzzers on our property. There isn’t a single vehicle running. It’s all delivery vehicles delivering fuel, packages, etc. to neighbors.”
He said the only vehicles on the property are a pickup truck and a small dump truck.
“The way the building department responded in the first place was completely wrong,” Holapple said. “He never came here to talk to me about what was going on regarding the complaint. He came here and handed me the violation papers and said, ‘Looks like you’re having a bad day. ‘Yes,’ he said.
Wemp and ZBA member Joseph Bellack did visit the property, but Holapple said he had not verified the complaint.
“They never made an appointment for me to stop by to see the place,” Holapple complained. “I think one of them drove by, and Gordon, the ZBA president, said he came here when I wasn’t here and was looking at the property from the neighbor’s right-of-way, but I didn’t want to I didn’t think about that.” He was right. “
Another point of contention with neighbors was the use of the sawmill, but Mr. Holsapple argued that the sawmill was portable and could not be used commercially. He said he saw wood as a hobby.
“But if there was a problem with my sawmill, all they had to do was come and tell me. No one had ever done that before.” said Holapple.
