Planning Board

Office of the Planning Board, Town of Schaghticoke — November 6, 2019.

Public hearings

Smith Subdivision (Tax Map #61-2-11)

Opened at 7:30 PM. Land surveyor Brian Holbritter proposed the two-lot subdivision of a 12.46-acre parcel into a 5.43-acre lot with an existing residence and a 7.03-acre lot in an R district at 268 Mineral Springs Road. No public comment; closed at 7:32 PM.

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

Richard St. Amand 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 encourage rejuvenation of remaining woodland; roughly 15 MBF of log material and 60 cords of wood are expected. No public comment; closed at 7:43 PM.

Hamilton Subdivision (Tax Map #12-2-13.133)

Applicant Virginia Hamilton proposed a two-lot subdivision of about 31 acres into a 2-acre lot with an existing dwelling and a residual 29-acre lot, intending to keep the existing residence and sell the residual property. A resident asked to see the survey map; Ms. Hamilton answered her questions about the property and its location. Closed at 7:38 PM.

Regular meeting

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

• October 2, 2019 minutes approved as submitted (Wiley · Akin — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).

Sunshine Acres Subdivision (Tax Map #61.-1-9)

Chairman Alessandrini noted the Kehn application for a 3-lot subdivision known as Sunshine Acres, at the corner of NYS Route 40 and Calhoun Drive, received preliminary approval in June 2018. RCHD approval has been granted, the requested note (indicating an active farm adjacent to the subdivision) added to the map, and the driveways reconfigured to the Board’s satisfaction; the applicant sought final approval.

• Motion to extend the one-year period to allow final approval (Akin · Davidson — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).
• Final approval granted (Akin · Hale — same Ayes; Nays: none).

Clement Small Engine Repair Special Use Permit (Tax Map #71.9-3-19)

Applicant Amanda Phelps and Chris Marcella (architect and NYS Code Enforcement Officer) appeared; Dan Clow recused himself. Mr. Marcella, retained by the applicants to examine NYS Building Code fire-protection provisions for the small engine repair use in the attached garage at 30 Milkyway Road, stated the residence is classified R3 occupancy and that the attached garage — as a repair workshop excluding vehicle repair — is considered F1 (Factory 1), for which a firewall is not necessary but a 2-hour fire barrier is required; he was unaware of the interior garage wall’s composition. Ms. Phelps said she had asked the Building Inspector to visit but he had not. The Chairman stated the Board must determine whether the use is appropriate for the neighborhood’s character, with fire-safety codes addressed by the Building Inspector. The Board consulted Deputy Town Attorney Kristin Pratt about a limited-duration permit; she advised that any duration could be subject to judicial review and possible invalidation since the Zoning Code does not expressly provide for durational permits (though invalidation could leave the remainder of the permit intact). The Board unanimously concurred to consider a two-year permit with conditions, noting the durational condition was suggested by the applicant. The Board had previously issued a negative declaration under SEQRA.

• Special Use Permit and site plan review approved with conditions (Davidson · Weir — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none):
  1. Obtain all necessary approvals/permits from Town, County, State, and Federal agencies.
  2. Comply with all requirements of the NYS Uniform Building Code.
  3. The permit is limited to two years from issuance; the applicant and Town will enter an agreement confirming the two-year duration.
  4. All business materials (equipment to be repaired, tools, etc.) must be shielded from public view at all times — inside the residence or garage or behind the existing privacy fence — with none stored in the driveway or front/side yards.
  5. If the existing 6-foot privacy fence is replaced during the permit term, it must be replaced with a similar privacy fence of at least the same height in approximately the same location.
  6. On-street parking for business and customers is prohibited; all business parking and loading must occur in the existing driveway.
  7. Hours of operation limited to 10 a.m.–6 p.m. Monday–Friday and 10 a.m.–4 p.m. Saturday.

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

Land surveyor Brian Holbritter reported he is waiting for RCHD approval and expects it, along with surveys showing driveway reconfiguration, by the December meeting.

Hamilton Subdivision (Tax Map #12-2-13.133)

Applicant Virginia Hamilton presented the two-lot subdivision of about 31 acres into a 2-acre lot with an existing dwelling (which she inherited and intends to keep) and a residual 29-acre lot to be sold. A $180 check was received.

• Negative declaration under SEQRA (Akin · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).
• Preliminary approval (Clow · Weir — same Ayes; Nays: none).
• Final approval (Weir · Wiley — same Ayes; Nays: none).

Rupert Smith Subdivision (Tax Map #61-2-11)

Land surveyor Brian Holbritter presented the subdivision of a 12.46-acre parcel into a 5.43-acre lot with an existing residence and a 7.03-acre lot in an R district at 268 Mineral Springs Road; Mr. Smith’s daughter intends to purchase the dwelling and 5.43-acre lot. A $180 check was received.

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

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

Deputy Town Attorney Kristin Pratt recused herself. Owen Speulstra, P.E. updated the Board on the solar farm at 33 Bracken Road (120-acre parcel, RA district), occupying 32-35 acres, 1,000 feet off the road; 200,000 panels are proposed, 8.5 feet off the ground. Gillian Black (Director of Project Development) and Giovanni Maruce of Eden Renewables were present. Visual studies were displayed from four viewpoints (one on Bracken Road, three along Route 40), including screening with blue spruce over 5-25 years (12’-40’ high) and mixed foliage for biodiversity; studies at a 48-inch car-window height projected the hedges above driver eye level. The Chairman received an email from the Melrose Fire Chief requesting a meeting to review fire safety. A 239 review would go to Rensselaer County, and the Board would hire an attorney and engineer to review, with escrow required. A public hearing may be held in January.

Stillwater Renewables Solar Farm (Tax Map #22-1-7.1)

Dallas Manson, Business Development Representative for Nexamp, Inc., presented a proposal for a solar farm in an RA district on Stillwater Bridge Road, across from the Schaghticoke Fairgrounds. The property owners, brothers Clifford and Gary Viall, intend to subdivide the 140-acre parcel before development; the adjacent property is owned by a farmer who grows crops. A canopy of trees screens the site, which has existing access to Stillwater Bridge Road; no traffic increase or crossing alteration is expected, and no Army Corps or DEC permits are needed. Nexamp will coordinate with the fire department and hire contractors, including an 8.5-foot farm fence around the project, notify NYS Agriculture and Markets, coordinate with National Grid, and seek a county driveway permit. Engineer Bill Sparkman addressed stormwater: run-off from the gravel access road will be conveyed to a treatment basin to percolate down, with culverts and swales added for the adjacent farmland; SPDES will be prepared, the property mowed a few times a year, and the system monitored 24/7. The lease is proposed for 25 years. Lead agency status must be established and escrow required.

• Motion to declare intent to assume lead agency under SEQRA (Wiley · Clow — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).

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

Richard St. Amand was present for the public hearing but left before the regular meeting. The Board agreed the application was sufficiently reviewed.

• Negative declaration under SEQRA (Davidson · Akin — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).
• Final approval for a timber harvest permit (Akin · Wiley — same Ayes; Nays: none).
• Motion to seek lead agency status for the Herrington Solar Farm application (Clow · Davidson — same Ayes; Nays: none).

The Board agreed to hire Laberge Group to review the Stillwater Renewables, LLC project and Lansing Engineering to review the Herrington Solar Farm application.

Adjourned at 9:13 PM (Akin · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none). Submitted by Elizabeth Hale, Planning Board Clerk (dated December 21, 2019).