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, August 6, 2020. Deputy Town Attorney Kristin Pratt explained the Zoom procedure and noted the meeting was recorded, would be posted, and transcribed. The meeting opened at 7:32 PM (McDonough · Saheim — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

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, as was applicant Nicholas Fitzgerald.

• July 2, 2020 minutes approved with a correction changing the applicant’s name under “Application of Edward Fitzgerald” to Nicholas Fitzgerald (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Public hearing — Nicholas Fitzgerald, Application #4-20 (Tax Map #51.3-3-1)

Suspended the regular meeting and opened the public hearing at 7:36 PM. The Chairman read the notice of hearing for Application #4-20 of Nicholas Fitzgerald of 16 Maple Lane, Melrose, for property at 16 Maple Lane (Tax Map #51.3-3-1) for an area variance under the Zoning Code’s Area and Bulk Regulations to permit construction of an accessory building (garage) on a parcel of approximately 0.72 acre in the Residential Zoning District. The Code establishes a 40-foot minimum front-yard setback for structures in the Residential District with public water and sewer; the applicant requested a 15-foot variance to build about 25 feet from the front property line.

The applicant proposed a 30’ × 40’ garage to store his motorcycle, car, and toolbox (items currently kept at his parents’ property, which they intend to sell). He explained the garage’s location is limited by the leach field, two old wells, and a large tree he prefers to keep; siting it on the westerly side is not an option due to a steep embankment adjacent to NYS Route 40. His residence is the last on Maple Lane, off Grant Hollow Road, and a garage of similar size sits across the street.

There was no public comment; Attorney Pratt reported no concerns received by e-mail or chat. Closed the public hearing and reopened the regular meeting at 7:42 PM (McDonough · Saheim — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Regular meeting — decision

The Chairman had visited the site and understood the difficulty of siting the garage in compliance; Jason Shover had reviewed it via Google Earth. Reviewing Section XI, B,2,b,1-5, the Board found no undesirable change to neighborhood character or detriment to nearby properties (a similar garage sits across the street), that the benefit could not be achieved by another feasible method given the site constraints, that the 15’ variance was not substantial, and that there would be no adverse environmental or neighborhood effects. The difficulty was found self-created by virtue of the appeal, but the Board had no concern with the request. Rensselaer County Office of Economic Development and Planning left the decision to local consideration; there was no public opposition.

• Application #4-20 (Nicholas Fitzgerald) approved — a 15’ area variance to allow construction of a 30’ × 40’ garage at 16 Maple Lane (Geddis · Griswold — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). The Building Inspector will be notified of the affirmative decision.

Other

• A resident considering purchasing a home in the Speigletown area asked whether the Zoning Code allows a one-chair beauty salon in the basement. The Chairman advised that a beauty salon within one’s residence is a home occupation under the Code and directed her to the Building Inspector for further information and applicable building codes.
• The owner of a 6.5-acre parcel on Old Schaghticoke Road inquired about purchasing an adjacent 50’ × 600’ easement from his neighbors; after consulting Building Inspector Scott Frisino, he was advised to seek a subdivision waiver from the Planning Board.
• The owner of a concrete-block building and land (formerly Crandall Plumbing Supply) in an RA district at 850 NYS Route 40 called about a commercial use; he had purchased the property believing it was commercially zoned. Building Inspector Scott Frisino cannot issue a building permit for a business, as the proposed commercial use is not permitted in the district, but has issued a limited permit for new doors and windows. The owner now intends to use the building as a residence and plans to apply for a residential building permit.

Adjourned at 8:00 PM (Saheim · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). Submitted by Elizabeth Hale, Zoning Board of Appeals, Town of Schaghticoke (dated September 12, 2020).