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, July 2, 2020. Deputy Town Attorney Kristin Pratt explained the Zoom application and noted the meeting was recorded and would be posted and transcribed. The meeting opened at 7:39 PM (McDonough · Geddis — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none).

Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Jason Shover (Lettie Saheim arrived late due to internet difficulties). Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale were present. Also present were applicant Spencer Bowen and his partner Angela Bartlett; two members of the public were also present.

• June 4, 2020 minutes approved as submitted (Griswold · Geddis — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none).

Application of Edward Fitzgerald — proposed garage (6 Maple Lane)

The Chairman reported an inquiry from the applicant (identified in this record as Edward Fitzgerald and corrected in later minutes to Nicholas Fitzgerald), who did not appear. The applicant proposes a 30’ × 40’ garage at his property at 6 Maple Lane, in an RA district off Grant Hollow Road. All setbacks meet the regulations except one side-yard setback, which measures 25’; the Zoning Code requires a 40’ side-yard setback for an accessory structure in an RA district, so a 15’ area variance is needed. The applicant planned to submit an application before the next meeting.

• Public hearing scheduled on Application #4-20, Edward Fitzgerald, for a 15’ side-yard area variance to construct a 30’ × 40’ garage at 6 Maple Lane, for Thursday, August 6, 2020 at 7:35 PM (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none).

Public hearing — Spencer Bowen, Application #3-20 (929 State Route 40)

Suspended the regular meeting and opened the public hearing at 7:41 PM (McDonough · Geddis — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none). The Chairman read the notice of hearing for Application #3-20 of Spencer Bowen, 929 State Route 40, Melrose, for area variances to permit an approximately 8’ × 8’ structure to contain chickens on a 3.35-acre parcel in the Residential Agricultural District. Zoning Code Section V(N) requires a minimum 5-acre lot to keep fowl and a 150-foot setback of fowl structures from side lot lines. The requested variances were: (1) an area variance of 1.65 acres (5-acre minimum vs. 3.35-acre parcel); (2) a side-lot setback variance of 93 feet (proposed coop about 57 feet from the right lot line); and (3) a side-lot setback variance of 15 feet (about 135 feet from the left lot line).

Applicant Spencer Bowen and his partner Angela Bartlett presented a proposal to keep a flock of about 10–15 chickens, including at least one rooster, at the 929 NYS Route 40 residence. Mr. Bowen described a chicken-waste system to fertilize a large garden he and Ms. Bartlett are establishing and an interest in keeping roosters for fertilized eggs, with possible future raising of chicks.

There was no public comment; Attorney Pratt reported no concerns received by e-mail or chat. Closed the public hearing at 7:50 PM and reopened the regular meeting.

Regular meeting — Bowen decision

The Chairman reported viewing the site and the chicken coop under construction in the side yard and believed the applicant was unaware of the Zoning Code rather than trying to circumvent it. Mr. Bowen stated he was uninformed of the requirements, reached out to the Building Inspector and Chairman for guidance, and that his neighbors expressed no concerns about the chickens or coop location. Reviewing Section XI, B,2,b,1-5, the Board found no undesirable change to neighborhood character or detriment to nearby properties, that the benefit could not be achieved by another feasible method (the property is long and narrow), that the acreage variance was not substantial but the southerly side-yard variance was, that there would be no adverse environmental or neighborhood effects, and that although the difficulty was self-created there was no public opposition. Rensselaer County Office of Economic Development and Planning left the decision to local consideration.

• Application #3-20 (Spencer Bowen) approved — a 1.65-acre area variance to allow keeping chickens plus two side-yard area variances (15’ to the south and 93’ to the north) for the coop structure (Saheim · Geddis — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). The Building Inspector will be notified of the affirmative decision.

Other

A resident inquired about the Ragone property off NYS Route 40 and Fogarty Road, noting awareness that the ZBA had not granted Mr. Ragone’s use variance to operate his concrete footing business (Ragone Foundations, Inc.) and expressing concern that work is ongoing. It was explained that the ZBA denied the use variance, that a request to rezone the property from Hamlet District to Highway Commercial had been submitted to the Town (believed not yet acted upon), that Planning Board Special Use Permit and Site Plan review would follow any rezoning, and that the ZBA has no authority to act further. Attorney Pratt provided her e-mail address for further questions.

Adjourned at 8:12 PM (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Shover; Nays: none). Submitted by Elizabeth Hale, Zoning Board of Appeals, Town of Schaghticoke (dated August 14, 2020).