Zoning Board of Appeals

The Zoning Board of Appeals of the Town of Schaghticoke met via Zoom videoconference under Executive Order 202.1 on Thursday, May 7, 2020. The meeting opened at 7:30 PM with roll call.

Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Jason Shover. Absent: Lettie Saheim. Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale were present.

Minutes

• February 7, 2020 minutes approved as submitted (the March meeting had lacked a quorum to approve them) (Geddis · Griswold — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none).
• March 5, 2020 minutes / office-hours notes approved (only two members had been present March 5, so no quorum and no formal action was taken that night) (McDonough · Shover — Ayes: McDonough, Shover; Nays: none).

There was no April meeting due to a lack of agenda items and COVID-19 closures. There were no applications on the agenda.

Telephone calls

• A Northline Drive resident with less than an acre inquired about keeping chickens; the Chairman explained that the Zoning Code requires a minimum of 5 acres to keep chickens and described the area-variance application process. The resident later indicated she did not wish to pursue an application at this time.
• A resident asked whether an area variance was needed to build a summer-use cabin on property at the southerly end of River Road; after review, it was determined a variance would not be required.
• The Chairman consulted Building Inspector Scott Frisino about the fence height at a property on NYS Route 40 (subject of a one-foot variance granted by the ZBA on February 1, 2018 allowing a total height of 4 feet); the posts appear taller than 4 feet, and the Board was uncertain whether the fence is finished or the posts are to be trimmed. Mr. Frisino planned to meet with the Chairman and the property owner.

Rezoning review letter — Ragone property (Tax Map #71.-2-4.13)

In February 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; that application was denied. The Chairman reported receiving calls from concerned residents about clearing at the Ragone site and explained that the property owner is free to clear the property and to pursue the matter following the denial.

Mr. Ragone has since submitted an application to the Town Board to rezone the property from Hamlet District to Highway Commercial District, in pursuit of his proposal to construct a building and operate a concrete-form business at the Fogarty Road location. The Town Board requested comments on the rezoning from the chairmen of both the ZBA and Planning Board. Attorney Pratt noted there is no provision to notify nearby residents individually of a rezoning application, but legal notices are published and the public may submit comments by e-mail or letter to the Town Board.

In discussion, Rich Geddis noted that surveyor Brian Holbritter had re-measured the parcel, locating the proposed building further north, and Jason Shover added that neighbors still have concerns. Kristin Griswold stated the Board’s response should correspond with the decision it reached and should include the neighbors’ opposition; the Board noted traffic concerns should be included and that “spot-zoning” is unfavorable and controversial. Deputy Attorney Pratt will draft a letter with the Board’s comments for member review, to be submitted to the Town Board before its scheduled public hearing on the matter on June 10, 2020.

Adjourned at 8:18 PM (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none). Respectfully submitted by Elizabeth Hale, Zoning Board of Appeals, Town of Schaghticoke.