Unofficial summary. This is a community summary of the town's official minutes, provided so the record is searchable and readable. It condenses the meeting and may omit detail. Some private individuals’ personal details have been left out. The official signed PDF is the complete record of authority.
Zoning Board of Appeals, Town of Schaghticoke — Thursday, October 4, 2018, at the Town Hall, 290 Northline Drive, Melrose. The meeting opened at 7:30 PM with roll call.
Present: Ed McDonough (Chairman), Jason Shover, Rich Geddis, Kristin Griswold, Lettie Saheim. Absent: none. Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale were present.
Regular meeting
- September 6, 2018 minutes approved as submitted (Griswold · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none; Abstention: Saheim).
- Motion to suspend the regular meeting and open the public hearing on Application #6-18 (Saheim · Geddis — Ayes: all five; Nays: none).
Public hearing — Application #6-18, Dia Beshara (Tax Map #70.11-2-11)
The Chairman read the Notice for Application #6-18 of Dia Beshara, 337 River Bend Road, Troy, for an area variance under Section IV(F)(2)(c) to erect a 40′ × 40′ accessory building about 15′8″ high, approximately 8 ft from the adjacent property line — a 7′8″ side-yard variance (the Code sets the minimum side-yard setback at the structure’s height, 15′8″). The property is in the Hamlet (Pleasantdale) District.
The applicant presented a 40′ × 40′ three-car steel garage with rear storage, 15′8″ high at the eaves, sited about 5 ft from the residence at its closest point with a 22′3″ front setback from River Bend Road, requiring the southerly side-yard variance. He said he may later use the structure as a hangar for a seaplane landed in the nearby Hudson River, with the lowered roof and extra 2-ft margins on each side accommodating the wings. He had consulted adjacent neighbors, who did not object. The Chairman reported visiting the site and speaking with a neighbor whose river view might be affected, who was fully supportive; a resident of Pleasantdale attended and voiced support.
Reviewing Section XI(B)(2)(b)(1-5), the Board found no undesirable neighborhood change or detriment to nearby properties, no opposition (only support), no other feasible means, a non-substantial appeal, and no adverse physical/environmental impact — noting neither the Army Corps of Engineers nor Rensselaer County flagged environmental concerns. The Board found the appeal self-created by virtue of the requested 40′ × 40′ size.
- Motion to close the public hearing at 7:56 PM (Shover · Griswold — Ayes: all five; Nays: none).
Back in regular session, the Board advised the applicant to see Code Enforcement Officer Brian Davidson about a flood-plain development permit before any construction. As the area variance is a Type II SEQRA action (exempt from review):
- Application #6-18 final approval — 7′8″ side-yard variance for the 40′ × 40′ garage, conditioned on the applicant obtaining a flood-plain development permit (Saheim · Geddis — Ayes: all five; Nays: none).
Other
- Eastside Marina (River Bend Road). A resident of Pleasantdale said the new marina owner was “fine” and had made vast improvements, but raised concerns about apparent expansion, additional slips, boat storage, and trash pickup occurring around 2:30 AM on weekdays. She asked whether the marina is operating within the Planning Board’s decision and limits. Attorney Pratt said she had mailed the Planning Board decision to the new owner; the Chairman offered to ask about rescheduling trash collection and about added slips.
- 20 Maple Avenue. A property owner who razed a garage about ten years ago wants to build a new one on the remaining concrete pad but found the pad partly sits on an adjacent (relative’s) lot. The Chairman advised seeking to purchase part of the adjacent property and applying to the Planning Board for a subdivision waiver. Attorney Pratt noted that, absent a transfer, a garage is a permitted accessory structure if it meets setbacks and needs no variance — but building on the existing pad would not be “grandfathered,” since the former garage was removed about ten years ago.
- Pinehurst Street fence. The Chairman reported no further contact from a resident on Pinehurst Street who had removed a 5-ft dilapidated fence and erected a 9-ft fence for privacy; a neighbor complained to the Building Inspector, and the resident had expressed intent to file for a height area variance. The Chairman will reach out.
Adjourned at 8:17 PM (Griswold · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). Respectfully submitted by Elizabeth Hale, Clerk.
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