Planning Board

Office of the Planning Board, Town of Schaghticoke — July 1, 2020. The Board met via Zoom videoconference in accordance with Governor’s Executive Order 202.1.

Public hearing

Kardas Farm Events Special Use Permit (Tax Map #3.-1-1.1)

Opened 7:39 PM. Applicants Victoria and Randall Space proposed using less than one acre of the Kardas family’s 300-acre farm at 300 Kardas Road for outdoor weddings and corporate events, to keep the land in the family; property owner Ronald Kardas (Victoria’s uncle) was present. A neighbor who resides on Valley Falls Road, less than a mile away, asked whether events would be seasonal and raised concerns about music volume and traffic, asking whether a way existed to control music, whether events were booked, and whether traffic would use Kardas Road. Mr. Kardas said he lives nearby, would not tolerate loud music (and would shut down an event if needed), that no events were booked except a small family wedding in July, and that a neighbor had been notified. Mr. Space confirmed access would be off Kardas Road. The neighbor suggested a painted center line on Kardas Road for safety; the Chairman said the Highway Department would need to be contacted about pavement markings.

Regular meeting

Convened 7:48 PM. Members present: Chairman Frank Alessandrini, Wayne Akin, Dan Clow, Brian Davidson, Elizabeth Hale, Robert Weir, and Scott Wiley. Deputy Town Attorney Kristin Pratt was present, along with interested residents and representatives online including Attorney Peter Barber, Jason Dell, Mark Danskin, James Kondrat, ReJean DeVaux, Gillian Black (Eden Renewables), and a representative for the Czub application (AEG); Giovanni Maruca and Travis Mitchell joined later.

• June 17, 2020 minutes approved as submitted (Wiley · Davidson — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).

Kardas Farm Special Use Permit — decision (Tax Map #3.-1-1.1)

The Spaces proposed operating hours from early evening to 9 PM, a maximum of 250 attendees, and no signage. Rensselaer County reviewed the proposal (asking about restrooms, tent/barn use, water quantity, house use, fireworks, and music) and left the decision to local consideration. Mr. Space said he had spoken with Rich Elder of the Rensselaer County Health Department and established there would be executive trailers with sinks and flushable toilets, tents used with no barn access, bottled water for guests, no fireworks (per the owner’s strict guidelines), and no on-site cooking (catered food prepared offsite). The application, EAF, and fee were received.

• Negative declaration under SEQRA (Davidson · Clow — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).
• Special Use Permit and Site Plan approved (Akin · Davidson — Ayes: all seven; Nays: none), with conditions: no building alterations or land disturbance without future review; bottled water only for guests (no well water for drinking); no commercial/event cooking on site; vendor-provided flushable toilets and sinks (guests may not use the property’s septic-connected toilets); all events end by 9 PM; no fireworks.

Westwind Farms Pre-filing Conference (Tax Map #22-1-1.121)

Brian Norensky (Principal Geologist, Advanced Environmental Geology, LLC) represented applicant James Czub, who operates an 8.62± acre sand-and-gravel mine on Verbeck Avenue (RA district), selling sand as farm-animal bedding. The depleted Phase 1 mine would be followed by 8 more mines in 8 phases over about 62 acres, one operating at a time (opening an adjacent mine while reclaiming the prior one). Phases 2–5 would not be visible from Verbeck Avenue; screening would follow at Phase 5, and the existing solar farm on the lower end visibly shields the mine. Berms would reduce dirt and noise; DEC granted a positive SEQRA declaration. The Chairman flagged the Verbeck Avenue culvert’s structural soundness and noise, dust, and traffic as concerns. Materials arrived shortly before the meeting, leaving little review time.

Herkert Subdivision Pre-filing Conference (Tax Map #41.-1-16.115)

Land surveyor Brian Holbritter represented applicant Kimberly Herkert, proposing to subdivide a 10.06± acre parcel into a 3.7± acre flag lot (access from Gutbrodt Road) and a 4.53± acre lot with an existing house/garage (access from Malm Road), and to annex a 1.81± lot to an adjacent Gutbrodt Road parcel owned by Melanie Guzzo and James Tuccillo. A sketch plan was submitted. A neighbor stated concerns about the proposal; the Chairman explained she could express them at the public hearing to be scheduled.

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

Deputy Town Attorney Kristin Pratt recused herself (Eden Renewables is a client of Young Sommer, LLC); Attorney Peter Barber was present. The application is for a community solar farm on 34 acres of a 126-acre parcel at 33 Bracken Road (RA district) with a 7.5 MW (DC) array, downsized from a 44-acre footprint, with a 45-foot access road and 8.5-foot livestock fence, located 1,700 feet from the Bracken Road / Route 40 intersection; utility poles were reduced to two. Travis Mitchell, P.E. (Environmental Design Partnership), Giovanni Maruca, and Gillian Black (Eden Renewables) presented visual simulations (about 25% of panels visible from one point, panels visible along Route 40 for about 250 feet) and a 45-mph drive-by video. With screening removed from the Bracken Road plans, Chairman Alessandrini raised concerns about the lack of year-round (coniferous) screening; Mr. Maruca said screening had been offered on concerned residents’ land and that he had spoken with several Bracken Road residents (including the owners of a motocross track). Attorney Barber said the withdrawn buffer should require mitigation, suggesting the applicant contact all adjacent landowners (by certified mail or hand delivery, 30 days each way) to offer individual screening. Board member Elizabeth Hale questioned the 40-year contract length and the keeping of sheep without shelter; Mr. Maruca explained 40 years is common (with re-powering around year 25), that a decommissioning bond remains in place for the life of the farm, and that hardy sheep in portable electric-fenced areas graze under the panels (which provide weather protection) from late summer to fall under a sheep manager. Scott Wiley asked about the durability of the decommissioning bond. The Melrose Fire Chief noted the 20-foot access-road requirement may be modified for this project type. Part II of the SEQRA Full EAF was completed by Lansing Engineering.

• Part II of SEQRA adopted and negative declaration (Davidson · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).
• Special Use Permit and Site Plan Review granted to construct and operate a solar farm on the 34-acre parcel off Bracken Road (Davidson · Akin — Ayes: all seven; Nays: none), with conditions: landscaping to buffer noise and views from adjoining lands (retaining maximum existing vegetation); neighboring properties protected from noise, glare, unsightliness, and other objectionable features; adequate fire lanes and written Fire Marshal approval (including any waiver of the 20-foot access-road width); and, before a building permit, the applicant must deliver (certified mail or hand delivery, within 30 days) a letter to each Bracken Road residence shown on the visual-assessment map to discuss screening landscaping, providing the Town a copy and a landscaping summary.

Northline Drive Solar Farm Pre-filing Conference (Tax Map #41.-1-27.21)

ReJean DeVaux and James Kondrat proposed a 4 MW solar project on a 37.18± acre parcel owned by Julie Todd (RA district) off Northline Drive, with a 20-foot access road to Route 40. The project would include 1,500 tables with 14,196 modules within an 18.44± acre fenced area at 449-foot grade, with 8-foot fencing and a 6-inch wildlife gap. The parcel is generally well-screened by deciduous vegetation and natural berms; both recognized Route 40 as a scenic byway. Mr. DeVaux noted this is a Type I action, the Agricultural Data Statement was complete, and asked the Board to act as SEQRA lead agency. Attorney Pratt noted she had not received an Army Corps report on the parcel’s wetlands and would send letters to involved agencies.

• Planning Board assumes SEQRA lead agency and proceeds with coordinated review, circulating lead-agency correspondence (Wiley · Akin — Ayes: all seven; Nays: none). Correspondence will go to DEC and NYS Agriculture and Markets; an Agricultural Data Statement to adjacent farmers; and a 239M review to the Rensselaer County Bureau of Planning and Development.

Greg Fane Two-Lot Subdivision Pre-filing Conference (Tax Map #61-1-20.114)

Land surveyor Mark Danskin represented applicant Greg Fane, proposing to subdivide a 6.05± acre lot with 50 feet of road frontage from an 11.86± acre parcel owned by Deborah and Greg Fane (RA district, end of Warren Lane with 200 feet of frontage on Route 40). The new flag lot would be conveyed to a private grantee; access would be via a shared driveway from Route 40 or a proposed gravel drive from Warren Lane crossing an adjoining property whose owners have agreed to provide an easement. A public hearing may be scheduled next month.

Hemstreet Park Fitness Center Pre-filing Conference (Tax Map #20.13-1-3.12)

Daniel Glogowski proposed a fitness center in an existing pole barn at 7 Holland Avenue, east of the bridge, in Hemstreet Park, accommodating 10 people and operating 24/7 with a daytime trainer and key-fob entry. Outdoor lighting, landscaping, weatherproofing, insulation, heat/fans, and a small portable sign are planned; public water and sewer would be connected. Because the adjacent lot (owned by a prospective business partner) was suggested for additional parking, the Chairman advised that a paved, marked parking lot (including handicapped spaces) is required and must be confined to the space to be rented since the two parcels have different owners. Sewer/water connection and building-code occupancy must also be addressed; a Special Use Permit application and short-form EAF are due before the 15th to schedule a public hearing.

Fiaschetti-McCue Lot Line Adjustment (Tax Map #71.9-3-5.1 and 71.9-3-5.2)

Land surveyor Brian Holbritter appeared. Applicants Kathleen and Frank Fiaschetti propose to give an 8,710± sq. ft. section of their 50,110± sq. ft. property on Valley View Avenue to their daughter Kara McCue, waiving it to the adjacent 52,735± sq. ft. McCue parcel on NYS Route 40 to create an 81,445± sq. ft. lot; all required setbacks are met.

• Lot-line adjustment granted (Clow · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none).

Scheeren Two-Lot Subdivision Pre-filing Conference (Tax Map #11-1-6.117)

Land surveyor Brian Holbritter represented applicant Walter K. Scheeren, proposing a two-lot subdivision (2.01± and 1.89± acres) in an RA district on Verbeck Avenue, and waiving a 51.6′ × 388.30′ strip from a 6.16± acre parcel owned by Robin and Walter K. Scheeren to the remaining ~46.47± acres owned by Robin, Walter F., and Walter V. Scheeren. An application and survey map were submitted; a public hearing may be scheduled next meeting.

Tyler Fane Subdivision (Tax Map #61-1-20.12, -20.112, -20.116)

The Chairman reported a request from Tyler Fane for a 6-month extension to satisfy the conditions for final approval (preliminary approval was granted January 8, 2020). The Board agreed to grant the 6-month extension.

Adjourned 10:30 PM (Davidson · Hale — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none). Respectfully submitted by Elizabeth Hale, Planning Board Clerk (dated August 14, 2020).