Zoning Board of Appeals, Town of Schaghticoke — Thursday, May 3, 2018

Zoning Board of Appeals, Town of Schaghticoke — Thursday, May 3, 2018, at the Town Hall, 290 Northline Drive, Melrose. The meeting opened at 7:30 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. The Board welcomed Lettie Saheim back after an illness-related absence.

Regular meeting

April 5, 2018 minutes approved as submitted (Griswold · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none; Abstention: Saheim).

Rubino proposal — Application #4-18 (Tax Map #40.-1-1.15 & 40.-1-1.11). Applicant Joseph Rubino, who resides at 2879 River Road (RA district), proposes to build a two-car garage with a shop and office. The plan meets all setbacks except a 33-ft front-yard setback from River Road, where 50 ft is required, so a 17-ft area variance is needed. Because the applicant had recently suffered a death in the family and the Chairman had already visited the site, Mr. McDonough suggested the applicant need not stay. All materials and the $150 fee were submitted.

Motion to hold a public hearing on Application #4-18 on June 7, 2018 at 7:35 PM (McDonough · Shover — Ayes: all five; Nays: none).
Motion to suspend the regular meeting and open the public hearing on Application #3-18 (McDonough · Griswold — Ayes: all five; Nays: none).

Public hearing — Application #3-18, Wayne Akin (Tax Map #13.-1-53.1)

Opened 7:35 PM. The Chairman read the Notice for Application #3-18 of Wayne B. Akin, 285 Akin Road, Johnsonville, for an area variance from the maximum density of one dwelling unit per 3 acres in the Residential-Agricultural District. The applicant proposes to subdivide a 4.2-acre lot into a 2.19-acre lot and a 2.01-acre lot; a 1.8-acre variance is required, as the existing lot does not meet the 6-acre minimum needed to conform to the density rule.

The applicant appeared and displayed the survey. The ±2.01-acre lot would be subdivided from the ±4.2-acre parcel he and Deborah Akin own, intended as a future 1,400-1,800 sq ft single-family home for his daughter; no concrete building plans exist yet. He said no further subdivision is planned (it is the remaining acreage of the family farm), that there is room for well and septic, and that all setbacks are met, though neither lot conforms to the 3-acre density. A resident spoke in support (“good to keep the family together”). There was no opposition.

Motion to close the hearing and reopen the regular meeting at 7:45 PM (McDonough · Griswold — Ayes: all five; Nays: none).

Back in regular session, the Board reviewed Section XI(B)(2)(b)(1-5): no undesirable change to neighborhood character or detriment to nearby properties; no public opposition; the benefit could not be achieved by another feasible method given the family-owned property. Though the variance was deemed substantial, ample open space accommodates the residence with generous setbacks and room for well and septic; no adverse environmental or neighborhood effects were anticipated. The Board found the hardship self-created (the daughter wishes to live on family property) but had no concern with granting the variance given the abundant green space.

Application #3-18 final approval — 2.01-acre and 2.19-acre lots not meeting the 3-acre density (McDonough · Griswold — Ayes: all five; Nays: none).

Brendan Getter — pre-filing conference (310 Lansing Avenue). Applicant Brendan Getter appeared seeking a side-yard variance to build a second-story deck about 6 ft from the property line on his 0.5-acre lot in the Hamlet District (Pleasantdale). The Chairman explained the application and hearing process and advised obtaining the application and short-form EAF online.

Motion to schedule a public hearing on June 7, 2018 at 7:45 PM for Application #5-18 — a 4-ft side-yard variance for the deck — contingent on receipt of all materials by May 15 (Shover · Saheim — Ayes: all five; Nays: none).

Other

Alpaca-keeping inquiry (Knickerbocker Road, RA district). A realtor asked, on behalf of clients interested in a 7-acre parcel, whether alpacas could be kept there. The Code has no classification for alpacas and they do not fall within its definition of “livestock,” though they may appropriately be so determined; the realtor was advised to have the clients appear before the Board for discussion and a possible zoning determination.
Rear-yard fence inquiry (River Road). A resident asked how high he could extend rear-yard fencing, as his hot tub is visible over the existing 6-ft fence due to elevation. The Chairman explained the Code allows up to 8 ft for rear-yard fencing; a higher fence would require an area-variance application.
Commercial-lot sign concern (NYS Route 40 / E. Schaghticoke Road). A resident expressed concern about a sign advertising commercial lots for sale on a Route 40 property. Attorney Pratt consulted the Code Enforcement Officer, Brian Davidson, and noted the Planning Board had not approved any subdivision at that location; she will consult Town Attorney David Brennan and may address the matter through the property owner’s attorney.

Adjourned at 8:05 PM (Griswold · McDonough — Ayes: all five; Nays: none). Respectfully submitted by Elizabeth Hale, Clerk (dated June 7, 2018).