Zoning Board of Appeals

Office of the Zoning Board of Appeals, Town of Schaghticoke — September 5, 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, Lettie Saheim, and Jason Shover. Absent: none. Also present: Elizabeth Hale (Clerk) and Kristin Pratt (Deputy Town Attorney).

Regular meeting

• August 1, 2019 minutes accepted as submitted (Saheim · McDonough — Ayes: McDonough, Griswold, Saheim, Shover; Nays: none; Abstention: Geddis).

Riley Road junk-yard enforcement update

Chairman McDonough asked Attorney Pratt for a status update on the zoning- enforcement lawsuit related to a junk-yard operation on a Riley Road property in an RA district. Attorney Pratt reported she had appeared in court three times; the Supreme Court issued a preliminary injunction and authorized the Town to remove junk items. The Town Board recently authorized moving for a permanent injunction (allowing the Town to seek contempt if the junk-yard use continues), returnable in mid-September. If the Town removes the junk, the cost would be charged to the property owners and, if unpaid, would act as a lien on the property.

Public hearing — Frances Foley, Application #3-19 (Tax Map #41-1-77)

• Motion to suspend the regular meeting and open the public hearing on Application #3-19 (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Chairman McDonough read the Notice of Hearing for Frances Foley, for property at 73 Weatherwax Lane, Melrose — an area variance under Zoning Code Section IV (Area and Bulk Regulations) to permit an accessory building on an approximately 25-acre parcel in the Residential-Agricultural District. The Code sets a 50-foot minimum front-yard setback; the applicant requested a 25-foot area variance to build about 25 feet from the front property line.

Applicant Frances Foley presented; John Passelacqua was present. She explained that wetlands and the land’s slope toward Weatherwax Lane limit the building’s location — siting it further back would place it in wetland and require removing mature trees. She said she had spoken with neighbors and none opposed the proposal. There was no public comment; the hearing closed at 7:44 p.m. (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Regular meeting (resumed) — Foley decision

Ms. Foley (with John Passelacqua present) noted she now proposes a 30×40-foot wood-frame building (rather than steel), to be used as a storage facility/workshop/garage, replacing a dilapidated building to be razed at the site; all setbacks would be met except the 25-foot front-yard setback. Chairman McDonough said he had visited the site and saw no alternate location given the wetlands and trees, adding the area is very rural with few neighboring residences.

Reviewing the area-variance criteria (Section XI, B, 2, b, 1–5), the Board found no undesirable change to the neighborhood, that the new construction would be an improvement and no detriment to nearby properties, no opposition, that the project could technically comply but the location would be unreasonable given wetland and mature trees, that the appeal was not substantial (the 25-acre parcel is generous) and self-created, and no adverse environmental impact. Rensselaer County left the decision to local consideration. The variance is a Type II action under SEQRA and exempt from review.

• Final approval of Application #3-19 (Frances Foley — 25-foot area variance for a 30×40-foot outbuilding for storage and workshop/garage) (Saheim · Griswold — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). The Building Inspector will be informed and a written decision mailed to the applicant.

Other

Chairman McDonough reported an inquiry about keeping chickens from a resident who owns a ¾-acre lot on Pineview Place, and explained that a variance would be required to keep chickens at that location.

Adjourned. Submitted by Elizabeth Hale, Clerk (dated October 3, 2019).