Zoning Board of Appeals

Zoning Board of Appeals, Town of Schaghticoke — February 1, 2018, at the Town Hall, 290 Northline Drive, Melrose. The meeting opened at 7:31 PM with roll call.

Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Lettie Saheim, Jason Shover. Absent: none. Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale were present.

Regular meeting

• January 4, 2018 minutes approved as submitted (McDonough · Geddis — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none; Abstention: Saheim).
• Motion to suspend the regular meeting and open the public hearing on Application #1-18 (Griswold · Saheim — Ayes: all five; Nays: none).

Public hearing — Application #1-18, Joe Navarra (Tax Map #71-2-1.1)

Opened 7:35 PM. The Chairman read the Notice of Hearing for Application #1-18 of Joe Navarra, 323 Speigletown Road, Troy, for an area variance under Zoning Code Section V(G)(1) to erect a fence four feet high along the front of the property and for the first 25 feet on both sides — a one-foot variance, as the Code caps fences within 25 feet of the front lot line/right-of-way at three feet. The property is in the Hamlet District.

The applicant explained he wants a barrier to protect his children and pets. He proposes a 4-ft rail fence along NYS Route 40 and for the first 25 ft along the sides, set 6 ft back from the right-of-way; remaining rear fencing (not part of this application) would be 8-ft chain link. Two neighboring residents attended; one reviewed the proposed-fence photograph and neither objected.

• Motion to close the hearing and reopen the regular meeting at 7:42 PM (McDonough · Saheim — Ayes: all five; Nays: none).

Back in regular session, Chairman McDonough reported visiting the site and believed the rail fencing would preserve sight distance on a dangerous curve. Asked about the two fence types, the applicant cited cost and aesthetics and noted he adjusted plans for clearance to a fire hydrant. Because the property is within 500 ft of a state route, Rensselaer County was notified; the county recommended preserving the old slate sidewalk, which the applicant said he intends to uncover and preserve.

• Application #1-18 approved — one-foot height variance permitting a four-foot fence (Saheim · Griswold — Ayes: all five; Nays: none).

• Motion to suspend the regular meeting and open the public hearing on Application #2-18 at 7:48 PM (McDonough · Saheim — Ayes: all five; Nays: none).

Public hearing — Application #2-18, Lois Cerkowski (Tax Map #20.18-1-3)

Opened 7:48 PM. The Chairman read the Notice for Application #2-18 of Lois Cerkowski, 105 South Crystal Street, Mechanicville, Hamlet District (Hemstreet Park), for area variances under Section IV to subdivide a ~25,000 sq ft lot into three lots of approximately 6,825, 6,825, and 11,350 sq ft. The Code requires a minimum 10,000 sq ft per dwelling unit in Hemstreet Park with public sewer/water, so a ~3,175 sq ft area variance is sought for two of the lots. Additionally, the two 6,825 sq ft lots propose structures ~9.1 ft from side lines, requiring 0.9-ft side-yard variances on both sides of each lot (Code requires 10 ft).

Engineer Duane Rabideau of VanGuilder and Associates represented the applicant and exhibited a survey. Two lots (A and B) would each be developed with a duplex plus garage and off-street parking; residual Lot C, with an existing residence, would be retained by the owner. There was no public comment.

• Motion to suspend the hearing and resume the regular meeting at 8:00 PM (Saheim · Griswold — Ayes: all five; Nays: none).

Back in regular session, the Chairman noted a General Municipal Law §239 review had gone to Rensselaer County, which responded that public water and sewer might not support the additional units for four families; the Board advised the engineer to obtain sewer-district confirmation before Planning Board subdivision review. The engineer described parking for up to eight vehicles and 1,500 sq ft footprints per unit. The Board found the proposed lot sizes consistent with the neighborhood and similar to recent applications meeting demand for affordable housing on smaller parcels.

• Application #2-18 approved (Saheim · McDonough — Ayes: all five; Nays: none): (1) two area variances of 3,175 sq ft permitting application to the Planning Board to subdivide into three lots (~6,825 / 6,825 / 11,350 sq ft); and (2) four 0.9-ft side-yard variances (two per 6,825 sq ft lot).

Other

Village trailer-sales business — code enforcement (30 South Main Street). A Board member who resides in the Village of Schaghticoke informed the Board of a matter at a trailer-sales business at 30 South Main Street, whose owner is reported to have converted the commercial building’s interior into four residential units without permits or a Certificate of Occupancy, with at least one tenant believed to be residing there. Town Building Inspector Don Bugbee, who has Uniform Code jurisdiction within Village limits, reportedly visited the site; the owner agreed to apply for a building permit but did not follow through, later removing a posted notice and confronting Mr. Bugbee at Town Hall (police were called; the owner had left before they arrived). At a Town Board meeting the Board, on advice of Town Attorney David Brennan (who cited a Schenectady case where municipal liability followed a fire at an uninspected, non-code-compliant residence), voted unanimously to seek an injunction in State Supreme Court to bar renting the apartments until permits and certificates of occupancy issue; septic and public-water adequacy must also be addressed.

Adirondack Rebar — use variance (Daniel Moreno, 196-228 Speigletown Road). The Board reviewed the December application from Daniel Moreno seeking a use variance to build a 40′ × 120′ steel building for a rebar-fabrication business in a Hamlet District. The applicant did not appear and had not responded to inquiries from the Chairman or Attorney Pratt, and the required materials were not submitted. The Board agreed to return the $300 application fee; Attorney Pratt will draft a cover letter.

Adjourned at 8:27 PM (McDonough · Saheim — Ayes: all five; Nays: none). Respectfully submitted by Elizabeth Hale, Clerk.