Planning Board

Office of the Planning Board, Town of Schaghticoke — October 2, 2019.

Public hearings

Herkert Properties Subdivision (Tax Map #12-2-13.133)

Opened at 7:30 PM. Land surveyor Brian Holbritter proposed a two-lot subdivision of an 11.40-acre parcel (residual land from the original 18.97-acre parcel) in an RA district on the northwesterly side of Hayes Road, with two long driveways from Hayes Road serving proposed flag lots of 5.15 acres (Lot 4B) and 6.25 acres (Lot 4A); applicant John Herkert was present. A neighboring property owner questioned whether the proposed driveways matched an earlier approved survey and asked whether an owner must occupy a residence for a set time before further subdivision; neither Deputy Town Attorney Kristin Pratt nor the Chairman knew of any such requirement, and Mr. Holbritter said the original survey showed the driveways in the same location. A neighboring farmer raised farmland-protection concerns, noting the parcel has prime farming soil and reading from the Farmland Protection Bureau on the State’s goal of protecting farmland. Closed at 7:38 PM.

Anatriello One-Lot Subdivision (Tax Map #30-4-6.1)

Land surveyor Brian Holbritter presented the subdivision of a 2.03-acre lot, including a residence and barns, from a 30.12-acre parcel in an RA district on Howland Avenue; residual acreage will remain vacant. No public comment; closed at 7:40 PM.

Regular meeting

Members present: Chairman Frank Alessandrini, Wayne Akin, Dan Clow, Brian Davidson, Elizabeth Hale, and Scott Wiley. Robert Weir was absent.

• September 4, 2019 minutes approved as submitted (Akin · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).

Chairman Alessandrini stated that the Clement small engine repair Special Use Permit was tabled until the November meeting, as the applicants are out of town.

Herkert Properties Subdivision (Tax Map #12-2-13.133)

Land surveyor Brian Holbritter presented the two-lot subdivision; Lot 4B has RCHD approval and Lot 4A’s is underway. The Board expressed concerns about the lengthy driveway and fire protection. Mr. Holbritter agreed to seek the local fire department’s opinion, review fire code regulations and a possible gravel pull-off lane requirement, and draft driveway/pull-off layouts for next month.

Anatriello One-Lot Subdivision (Tax Map #30-4-6.1)

Land surveyor Brian Holbritter noted the conservation note was included on the survey map. A $180 check was received.

• Negative declaration under SEQRA (Clow · Hale — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).
• Preliminary subdivision approval (Wiley · Akin — same Ayes; Nays: none).
• Final subdivision approval (existing septic and well, no pending approvals) (Akin · Wiley — same Ayes; Nays: none).

Herrington Solar Farms (Tax Map #41.-1-96)

Deputy Town Attorney Kristin Pratt recused herself (Eden Renewables is a client of Young Sommer, LLC). Owen Speulstra, P.E. of Environmental Design Partnership updated the Board on the solar farm proposed on a 120-acre parcel in an RA district at 33 Bracken Road, northwest of the Bracken Road/Route 40 intersection; it would occupy 32-35 acres, 1,000 feet off the road, with Giovanni Maruce of Eden Renewables present. A visual study was displayed from the intersection and from Whites Equipment retail store, noting visibility as a major factor along the main artery. Buffering was discussed; the panels would be surrounded by an 8.5-foot wire mesh fence (deemed more suitable for a rural environment), with four or five connection poles. A request to cross the National Grid transmission lines on the property is being submitted to National Grid. A 239 review would be submitted to Rensselaer County, and the Board would need to hire an attorney and engineer to review the application; a SWPPP may be required. The Board would consider hiring a professional engineer, and escrow would be required.

Tyler Fane — pre-filing conference (Tax Map #61-1-20.12, -20.112, -20.116)

Land surveyor Mark Danskin presented a proposal for applicant Tyler Fane, off NYS Route 40, north of Irish Road in an R district. Mr. Fane would subdivide about 6 acres from a 12-acre parcel owned by Kent Fane, 2.36 acres from the Pat Casale property, and 1.11 acres from a 5.13-acre parcel owned by Donald Fane to create a 9.83-acre lot, using an existing 50-foot easement (no road frontage) used by Mr. Casale for access. All involved parties are related and in agreement. The Board discussed the steep, long easement and concern about a shared access way south of it being used by 5 families; the Chairman asked Mr. Danskin to review whether a driveway might be developed.

Ragone — pre-filing conference (Tax Map #71.-2-4.13)

Chairman Alessandrini recused himself; Brian Davidson acted as chairperson. Land surveyor Brian Holbritter represented applicant Vincent Ragone, owner of Ragone Foundations, Inc. (53 Wetsel Road), who proposes relocating his contracting business to a 4.6-acre parcel in a Hamlet District on Fogarty Road, with access from Fogarty Road and NYS Route 40. He proposes a 10,000-square-foot building for vehicle storage, work space, and an office, with some outdoor vehicle storage. Because the Zoning Code does not allow a contracting business in a Hamlet District, the Board advised the applicant to seek a use variance from the ZBA or request re-zoning from HD to Highway Commercial from the Town Board; a rezoning sparked concern about “spot zoning.” Attorney Pratt said she would send the proposal to the ZBA for the October 3 meeting.

Patterson Timber Harvest (Tax Map #21.-1-4.111 and 21.-1-4.112)

Charles Gerber, C.F. of Lumac Co. proposed harvesting timber on 2 parcels owned by Stuart Patterson in an RA district at 98 Brown Road, to push back forest-edge growth encroaching on cropland and promote healthy forest growth, focusing on the northerly property line. Cavity trees will remain for wildlife; roughly 15 MBF of log material and 60 cords of wood are expected. Haul roads are existing and connect to Brown Road, the property is gated, and no streams or wetlands will be crossed; loggers are certified and the harvest will conform to best management practices. A public hearing for a Special Use Permit may be scheduled for next month. A $50 check was received.

Capital District Services — pre-filing conference (Tax Map #46-1-61)

Matthew Guilianelle appeared, interested in purchasing a vacant 1.38-acre parcel owned by Brian Rohloff in an RA district on the westerly side of NYS Route 40, north of the Campbell Road/Route 40 intersection, to establish his asphalt paving business. He proposes a 60’ x 100’ garage with an office and a lean-to for vehicle and equipment storage, with a fenced and gated area. The Board advised that a Special Use Permit and Site Plan Review are required to operate a general contracting business in an RA district, along with a survey showing the building and setbacks, signage, and lighting; the need for septic and well (a residential trailer had been established on the parcel) was discussed.

8-Lot Fane Subdivision (Tax Map #61-1-14.12)

Land surveyor Mark Danskin updated the Board on an 8-lot subdivision from a 60-acre parcel (1,100 feet deep) in an RA district at the northerly corner of Turner Road and NYS Route 40, with about a half-mile of frontage on Turner Road; lots range from about 5 to 12 acres. Lot #4, a flag lot, would be 12.27 acres with a 60-foot existing easement for access from Route 40; conserved green space is contiguous throughout. The property is owned by Warren Fane. The archeological study is complete (no impact found by NYS Office of Parks, Recreation and Historic Preservation), and the U.S. Army Corps of Engineers validated the wetland boundaries. Mr. Danskin will re-submit a survey showing each proposed one-family residence to demonstrate no encroachment on wetlands; the SWPPP is not complete.

Adjourned at 9:32 PM (Akin · Clow — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none). Submitted by Elizabeth Hale, Planning Board Clerk (dated November 7, 2019).