Zoning Board of Appeals

Office of the Zoning Board of Appeals, Town of Schaghticoke — January 2, 2020. The Board met at the Town Hall, 290 Northline Drive, Melrose. The meeting opened at 7:30 PM with roll call.

Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Lettie Saheim, Jason Shover. Absent: none. Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale were present.

Minutes

• November 7, 2019 minutes approved as submitted (McDonough · Shover — Ayes: McDonough, Geddis, Shover; Nays: none; Abstentions: Griswold, Saheim).
• December 5, 2019 minutes approved as submitted (Saheim · Shover — Ayes: Geddis, Griswold, Saheim, Shover; Nays: none; Abstention: McDonough).

Ragone Use Variance Application (Tax Map #71.-2-4.13)

The Board received a use-variance application from Vincent Ragone of Ragone Foundations, Inc. to operate a concrete footing business on the southeasterly side of NYS Route 40, south of Fogarty Road, in the Hamlet District. An application, short-form EAF, and bullet-point list had been submitted at the December meeting by Brian Holbritter, land surveyor, the applicant’s consultant; the ZBA requested a long-form EAF, which the applicant submitted dated December 15, 2019.

Mr. Holbritter presented a survey map of the roughly 4.76-acre Fogarty Road parcel the applicant recently purchased. Applicant Vincent Ragone displayed plans for a proposed 150’ × 65’ business/storage/shop building (approximately 18’ to the eaves, with roughly 1,200–1,300 sq ft of office space) used for equipment storage and indoor equipment repair. Proposed hours were 6:30 AM–5:30 PM for the shop (welding and flat-tire repair, one employee) and 8 AM–4 PM for the office (about five employees). Ingress/egress would use an existing driveway on NYS Route 40, contiguous to a southerly residential parcel and north of Scriven Press.

There would be no manufacturing on site; the business purchases concrete forms and transports them to construction sites, and employs 30–40 people seasonally, most of whom work off-site. Two commercial vehicles (a crane truck and a concrete pumper truck) are used; the pumper truck returns daily while other trucks are generally parked at employees’ residences overnight.

Mr. Holbritter addressed the site and a mapped federal wetland, stating he found no stream or water source and believed prior excavation created a depression; he planned to engage a wetlands biologist for a professional review and noted the parcel had adequate room to shift the building and provide stormwater run-off if wetlands were confirmed.

Jason Shover expressed concern about traffic safety, noting that morning access to NYS Route 40 is already difficult and that many drivers use Eastover Road to reach Route 40. The Board noted a stormwater pollution prevention plan would be required and advised Mr. Holbritter to contact NYS DOT (Blake Buckner) about traffic concerns. Deputy Attorney Pratt explained that the project is an unlisted action, so SEQRA coordination is optional, and recommended an uncoordinated SEQR review so the use variance could be considered before a full engineering review; she also noted the applicant must present evidence of the alleged hardship and competent financial evidence that a reasonable return cannot be realized without the variance. The Board requested an escrow account.

• Public hearing scheduled on the appeal of Vincent Ragone, Application #1-20, for a use variance for Thursday, February 6, 2020 at 7:35 PM (Griswold · Geddis — Ayes: McDonough, Geddis, Griswold, Shover, Saheim; Nays: none).

Adjourned at 8:12 PM (McDonough · Geddis — Ayes: McDonough, Geddis, Griswold, Shover, Saheim; Nays: none). Submitted by Elizabeth Hale (dated February 6, 2020).