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.
Office of the Zoning Board of Appeals, Town of Schaghticoke — May 2, 2019, at the Town Hall, 290 Northline Drive, Melrose. The meeting opened at 7:30 p.m.
Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, and Jason Shover. Absent: Lettie Saheim. Also present: Kristin Pratt (Deputy Town Attorney) and Elizabeth Hale (Clerk).
Regular meeting
- April 4, 2019 minutes accepted as submitted (Griswold · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none).
Public hearing — Thomas Martin, Application #1-19 (Tax Map #50.-1-7.32)
Opened at 7:35 p.m. Chairman McDonough read the Notice of Hearing for the application of Thomas Martin for property at 2401 River Road, Melrose, in a Residential Agricultural (RA) District — an area variance under Zoning Code Section V(K) to permit a deck attached to a single-family residence roughly 92 feet from the Hudson River. The applicant requested an 8-foot variance from the Code’s 100-foot minimum setback from the river’s normal stream bank.
Land surveyor Brian Holbritter represented applicant Thomas Martin (present), co-owner with Patti Sawyer of the 4.5-acre River Road parcel. A neighbor whose property lies further north on River Road commented that he did not oppose the variance but found the small, 8-foot request hard to understand; Mr. Holbritter confirmed the survey was correct and located the neighbor’s parcel. There was no further public comment; the hearing closed at 7:45 p.m. (McDonough · Griswold — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none).
Regular meeting (resumed)
Mr. Holbritter explained the dwelling’s building line would be 100 feet from the river, with the decking and supports extending to 92 feet — requiring the 8-foot variance — to allow a better river view. The dwelling is within the flood plain; ground-floor use would be limited, with living space 3 feet above the flood plain and level with the deck. Mr. Martin presented architectural plans for the proposed 2,400-square-foot timber-frame open-plan dwelling and stated he had received RCHD approval for the septic plan.
Deputy Town Attorney Pratt advised the applicant would need a Special Use Permit from the Planning Board (construction within the Flood Fringe Overlay District) and a flood-plain development permit under Chapter 69 of the Town Code, and that she would guide Mr. Holbritter on the additional permit processes.
The Board reviewed the area-variance criteria (Zoning Code Section XI, B, 2,b, 1–5): it found no undesirable change to the neighborhood’s character, no detriment to nearby properties, no opposition (only an expression of support from the neighbor), that the project could technically comply but river views would be impeded, that the appeal was not substantial and self-created, and no adverse environmental impact. Rensselaer County left the decision to local consideration but noted deck footings/attachment should meet flood regulations and that silt fencing and erosion controls should keep construction debris out of the river. The variance is a Type II action under SEQRA and exempt from review.
- Final approval of Application #1-19 (Thomas Martin — 8-foot area variance for deck supports 92 feet from the Hudson River) (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none), conditioned on the applicant obtaining a flood-plain development permit under Chapter 69, a Special Use Permit from the Planning Board for the Flood Fringe Overlay District, and compliance with the County’s recommended conditions.
Other
- Chickens inquiry (Rock Candy Lane area). A resident who keeps 3 chickens (no rooster) on a 3-acre parcel reported learning from Town Hall that the Zoning Code requires a minimum of 5 acres to keep chickens; he indicated he might attend but did not appear.
- Subdivision inquiry (Riley Road area). A resident who owns a 3-acre parcel in an RA district emailed about subdividing it to provide his son land for a residence. Chairman McDonough explained the subdivision would not meet Zoning Code regulations and would require an area variance, and that a granted variance could expire if not acted upon within one year.
- Riley Road salvage/junk enforcement. The Board asked Attorney Pratt for an update on removal of junk from a Riley Road property in an RA district, where an alleged illegal salvage business has been operating. Trailers were loaded for removal, but a large accumulation of junk remained; the matter involves Zoning Code, DMV, and state-statute violations, and the DEC is aware. Attorney Pratt said the Town is seeking a permanent solution and was due in court on the matter the next day.
Adjourned at 8:25 p.m. (McDonough · Griswold — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none). Submitted by Elizabeth Hale, Clerk (dated July 13, 2019).
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