It may not be what they wanted or envisioned, but it appears that VFW members in Middleburgh will be getting an improved building.
VFW members had hoped to replace their old building on VFW Lane with a new 1,500-square-foot building but a snafu in a zoning designation will temper the changes.
The current 1,140-square-foot building, estimated at 80 years old, has been damaged several times by floods and members can no longer hold their monthly pancake breakfasts in the hall. The last public breakfast was held last month. Member Carolyn Becker said that only members are now allowed in the building since there are parts of it that are not safe.
Ms. Becker questioned the Middleburgh town board last week on the zoning for the VFW parcel.
Parcels surrounding the VFW hall were changed from residential and agricultural to commercial in 1996. The zoning for the VFW was left as residential.
Changes to the building are much more limited if the zoning remains residential, as opposed to commercial, officials said.
Supervisor Dennis Richards said that while town officials appreciate and acknowledge the work done by VFW members, all building applications have to follow the same process.
“There is a process,” he said Thursday. “We have to make sure the process is fair and balanced…We want people to succeed in this community.”
When the zones were changed to commercial, there was no thought of making the VFW land commercial, Mr. Richards said.
Town officials, he said, cannot just change the VFW parcels to commercial because that would be “spot zoning.”
Ms. Becker said she was told that if there was an error, it could be changed and it would not be spot zoning.
Councilman David Lloyd said he did not feel there was a mistake or error made by the board in 1996.
“The total process was followed,” he said.
Board members at that time probably would have made the parcels commercial if they were asked, Mr. Richards said.
“It wasn’t addressed,” he said.
The board in 1996 was petitioned to make the zoning changes.
Changes can be made if the building remains in its current “footprint,” members were told last week.
Zoning officer Joe Furnell said that the building could be put up on piers with a ramp as long as there were passages for water to flow through in case of a flood. There has to be at least four small openings.
He noted that if the building was zoned commercial, an addition could be put on for up to half the value of the current building without requirements to meet flood regulations.
He said the basement of the building cannot be used unless it is raised above the flood zone.
The building can be raised to a maximum height of 35 feet, ground to peak.
Piers would be cheaper than a poured foundation, officials said, though Mr. Furnell said a design would have to come from an engineer.
If the building was raised, the use of the basement is possible and the only requirement is that the planning board has to do a site plan review. That review could take from one to four months.
Phil Skowfoe said he knows someone who may be willing to elevate the building for free but it would have to be done this winter.
Mr. Furnell said that up to half of the building can be changed and put up on piers.
The building, he added, cannot be taken down completely.
“The thoughts out there have the potential to succeed,” Mr. Richards said, “with the least impact on the neighbors.”
Mr. Lloyd said the issues surrounding the zoning have nothing to do with the VFW.
The members and the VFW do a great job, he said, but the building issue is separate.
“We deserve a home too,” Mr. Skowfoe said.
VFW officials said they will have to fundraise more to pay for engineering costs.