Planning Board

Office of the Planning Board, Town of Schaghticoke — October 21, 2020. The Board met via Zoom videoconference in accordance with Governor’s Executive Order 202.1. Deputy Town Attorney Kristin Pratt explained the Zoom procedure (recorded, later transcribed; minutes taken; verbal comments preferred).

Public hearings

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

Opened 7:33 PM. Chairman Alessandrini read the Notice of Hearing. Land surveyor Brian Holbritter represented applicant Kimberly Herkert. The proposal subdivides a 10.06± acre parcel into two lots — a 3.7± acre flag lot with 50-foot access from Gutbrodt Road and a 4.53± acre lot with an existing house and garage accessed from Malm Road — and annexes a 1.81± acre lot to an adjacent Gutbrodt Road parcel owned by Melanie Guzzo and James Tuccillo. Written comments from an adjacent neighbor had been forwarded to the Board. That neighbor spoke, asking whether the “pole” to the proposed lot was a right-of-way or driveway and raising concerns about maintenance of the 50-foot strip (town vs. landowner), the integrity of her well (18 feet from the Herkert line) and foundation (40 feet from the line), and possible drainage into her basement. Mr. Holbritter replied the 50-foot strip is a driveway maintained by the owner and potentially used as a personal driveway. Hearing closed 7:41 PM.

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

Daniel Glogowski proposed a fitness center in an existing 30′ × 60′ pole barn at 7 Howland Avenue, east of the bridge, in Hemstreet Park. The submitted sketch showed the grinder pump, water meter, manhole, 6 parking areas, a loading space, and two driveways (the easterly drive serving an apartment to the west; the westerly drive as ingress/egress). The building would be insulated, drywalled, and fitted with two restrooms, with key-fob member entry and low-wattage façade-lit signage. No public comment. Hearing closed 7:47 PM.

Regular meeting

Members present: Chairman Frank Alessandrini, Wayne Akin, Dan Clow, Brian Davidson, Elizabeth Hale, and Scott Wiley. Robert Weir was absent. Deputy Town Attorney Kristin Pratt was present with interested residents and representatives online.

• September 2, 2020 minutes approved as submitted (Akin · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).

Herkert Subdivision and Annexation — decision (Tax Map #41.-1-16.115)

Chairman Alessandrini noted the driveway adjacent to the neighbor’s property was on the original subdivision survey and is an integral ingress/egress of the original subdivision. Brian Davidson expressed reservations about whether the flag lot could be considered “unique and desirable” under the Zoning Code and was not in favor of a house behind another residence, noting approval would create two flag lots. Elizabeth Hale raised the neighbor’s drainage concern; Mr. Holbritter said the soil is heavy but ditches and swales could protect the adjacent dwelling. Dan Clow suggested a shared driveway would ease the 50-foot driveway concerns. Mr. Holbritter also relayed that, going forward, the County Health Department will not issue a Permit to Construct until a subdivision has Planning Board approval.

• Negative declaration under SEQRA (Akin · Hale — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).
• Final approval of the Herkert subdivision and annexation (Clow · Wiley — Ayes: same; Nays: none). Mr. Holbritter will add a note regarding the annexation and deliver the surveys for the chairman’s stamp and signature.

Hemstreet Park Fitness Center — decision (Tax Map #20.13-1-3.12)

Applicant Daniel Glogowski described the center (in a Hamlet District at 7 Howland Avenue), with 24-hour key-fob access, an occupancy of 50 but an expected 15–20 at a time, operated with a partner residing in the adjacent building on the same parcel (who owns another center, Global Fitness). To the west are an apartment building and a tattoo parlor adjacent to the Hudson River, all owned by Bodner Bay Enterprises. Mr. Glogowski met with Sean Cross regarding public water and sewer connections. Board member Scott Wiley raised concerns about night-time traffic and headlights. Rensselaer County left the decision to local consideration but recommended the Board oversee operating hours. The Board agreed the center (possibly named Red Barn Fitness) would operate 5 AM–11 PM.

• Negative declaration under SEQRA (Davidson · Akin — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).
• Special Use Permit and Site Plan approved (Wiley · Akin — Ayes: same; Nays: none), with conditions: (1) comply with all Zoning Law signage provisions, including size and low lighting; (2) hours limited to 5 AM–11 PM daily.

River Edge Subdivision Waiver (Tax Map #30.-3-35, 36, 39, 40, 41, 42, 44, & 45)

David Bogardes presented lot-line adjustments within an 8-lot subdivision on 24 acres off River Road adjacent to the Hudson River (RA district; original subdivision approved 2014, two dwellings built). The road and all utilities (including public water and sewer) are installed. The adjustments improve layout, access, and river views for each owner; the high-water mark and floodplain were delineated, showing no home in a flood zone and more than 50% of the acreage as open green space. Survey and EAF submitted.

• Negative declaration under SEQRA (Davidson · Clow — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).
• River Edge subdivision waivers granted (Clow · Akin — Ayes: same; Nays: none).

West Wind Farms Solar Expansion (Tax Map #41.-1-96)

The chairman reported an email from the applicant requesting to delay the October presentation for the solar-farm expansion until the November meeting.

Brownell Lot Line Adjustment (Tax Map #30.-4-4.111 & -4.113)

Applicant David Brownell presented a lot-line adjustment waiving a .93 acre strip (a 50-foot existing driveway owned by the Burrello family) to a 7.62 acre parcel owned by Margaret and David Brownell, in an RA district off NYS Route 67. The application, EAF, and notarized authorization signed by the strip’s owners (Paul, Agustine, and Kevin Burrello) were received.

• Negative declaration under SEQRA (Davidson · Akin — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).
• Subdivision waiver granted (Clow · Wiley — Ayes: same; Nays: none).

Fane Lot Line Adjustment (Tax Map #61.-1-16)

Land surveyor Mark Danskin represented applicant Warren Fane, proposing to waive 3.06 acres to a 3.03 acre lot with an existing dwelling at 475 NYS Route 40, opposite Warren Lane. The new 6.09 acre lot would have 150 feet of frontage, created to allow a second home and comply with density regulations. The Board determined Special Use Permits would be required to (1) allow a residence in an HC district and (2) allow two principal residences on a single parcel. It found enough information to act on the subdivision waiver, but the special-use permit requires more specific residence-location information and a new public-hearing notice.

• Negative declaration under SEQRA for the subdivision waiver (Akin · Davidson — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).
• Subdivision waiver granted, conditioned on adding the required note to the survey (Davidson · Davidson — Ayes: same; Nays: none).

Kyea Accessory Apartment (Tax Map #61.1-2-11.12)

No one appeared. Mr. Kyea had emailed the chairman about building a 730 sq. ft. one-story slab-on-grade second home at 19 Rice Mountain Place on a 4.82 acre parcel with an existing home, to function as an accessory apartment. The Board discussed that the proposal may not meet Zoning Code requirements (not attached to the main residence, nor within an accessory structure) and tabled it to the next meeting for members to consider.

PILOT program discussion

Chairman Alessandrini reported speaking with Town Assessor David Jones and Town Supervisor Tim Salisbury about the PILOT (Payment In Lieu of Taxes) program’s impact on solar-farm assessments — PILOT can lower the tax benefit to towns. He noted West Wind Farms Solar, a 2 MW facility, was assessed at construction value, yielding $16,000 in taxes, and that the applicant (Forefront) had not requested abatement, but the town could be affected by PILOT in the future, so the Board should weigh reduced tax income when reviewing solar applications.

Adjourned 9:45 PM (Akin · Davidson — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none). Respectfully submitted by Elizabeth Hale, Planning Board Clerk (approval date November 4, 2020).