Planning Board

Office of the Planning Board, Town of Schaghticoke — January 6, 2021. The Board met via Zoom videoconference under Governor’s Executive Order 202.1, as updated. Deputy Town Attorney Kristin Pratt explained the Zoom application and noted the meeting was being recorded (to be posted to the website and later transcribed) and that minutes were being taken.

Public hearings

Gifford Subdivision (Tax Map #12-2-43)

Opened at 7:36 PM. Chairman Alessandrini read the Notice of Hearing. Land surveyor Brian Holbritter appeared to propose subdividing 5.23± acres from a 49± acre parcel on the westerly side of Bell Road near the Bell/Geary/Kardas Roads intersection. Applicant and owner Howard Gifford wishes to convey the newly created 43.96± acre parcel to a potential buyer and retain the 5.23± acre parcel for agricultural purposes. No public comments. Closed at 7:47 PM.

Fane Turner Road Subdivision (Tax Map #61.-1-14.12)

Opened at 7:43 PM. Chairman Alessandrini read the Notice of Hearing. Land surveyor Mark Danskin presented the application for applicants Warren and Donald Fane to subdivide a 63.73± acre parcel into two lots — a 56.35± acre lot and a 7.38± acre lot (Lot A) — in an RA district at the northwesterly corner of Turner Road and NYS Route 40. Plans call for subdividing the remaining acreage into 6 additional lots. RCHD approval and a Permit to Construct were received. No public comments. Closed at 7:47 PM.

Regular meeting

Convened at 7:47 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 representatives for several applicants and members of the public via Zoom.

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

Gifford Subdivision (Tax Map #12-2-43)

Brian Holbritter presented the application. Because the lot sizes are greater than 5 acres, septic design approval is not required.

• Negative declaration under SEQRA (Davidson · Hale — Ayes: all seven; Nays: none).
• Subdivision approval granted (Weir · Wiley — Ayes: all seven; Nays: none).
• Final subdivision approval granted (Clow · Wiley — Ayes: all seven; Nays: none).

Fane Turner Road Subdivision (Tax Map #61.-1-14.12)

Mark Danskin represented applicants Warren and Donald Fane for the two-lot subdivision (Lot A having a potential buyer), with plans for 6 additional lots requiring further design and septic work. The short-form EAF was completed; the NYS mapping application noted bald eagles nesting in the area, though Mr. Danskin doubted the eagles range that far from the Hudson River. Short-form EAF, RCHD approval, and a Permit to Construct were received.

• Negative declaration under SEQRA for an 8-lot subdivision (Akin · Clow — Ayes: all seven; Nays: none).
• Preliminary approval for the two-lot subdivision (Wiley · Hale — Ayes: all seven; Nays: none).
• Final approval for Lot A (Akin · Clow — Ayes: all seven; Nays: none).

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

On July 1, 2020 the Board granted applicant Tyler Fane a 6-month extension to satisfy conditions for final approval of a proposed subdivision in a Residential district off NYS Route 40, north of Irish Road (preliminary approval granted January 8, 2020). Land surveyor Mark Danskin submitted the RCHD-approved septic design and Permit to Construct and requested final approval.

• Final subdivision approval granted (Wiley · Hale — Ayes: all seven; Nays: none).

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

Civil engineer ReJean DeVaux (PV Engineers / Borrego Solar Systems) presented a proposed 4-megawatt solar project on 17± acres of a 37.18± acre parcel, owned by Julie Todd, in an RA district off Northline Drive. The Board’s engineer/consultant Jason Dell (Lansing Engineering) was present. The Board reviewed Part II of the EAF, focusing on visibility to neighboring residences and the public and impact on property values. Revisions and Lansing Engineering’s SEQRA review had arrived that day, leaving some members insufficient time to review; SWPPP comments were still outstanding.

Mr. DeVaux reviewed cross-sections and profile views (via Google Earth), noting the panels were reconfigured to stop at the crest of the hill so that, with existing topography and trees, only about 3″ of panels would be visible from one nearby driveway location. Evergreen trees (growing 3–5 ft/year) would be planted as a visual buffer where needed. Responding to a photo of conduction poles at a Clifton Park solar facility submitted by a concerned citizen, Mr. DeVaux said this project would have a maximum of six poles along the access road perpendicular to Route 40, spaced 35 ft apart, with National Grid dictating the number. Dan Clow asked about a “pit style” interconnection; Mr. DeVaux said a concrete design had been considered but National Grid preferred poles. Discussion covered additional plantings and sight distances to neighboring properties, buffers, and distances (200–270 ft) to the nearest homes. Chairman Alessandrini requested that markers be placed at six critical visual points and a site visit be arranged before the January meeting; Mr. DeVaux would seek the landowner’s permission. Mr. DeVaux will prepare response letter #2 and complete the SWPPP by next month; the Board will consider SEQRA next month, and the Chairman will check whether the Fire Marshall has visited the site.

Verbeck Community Solar Expansion (Tax Map #41.-1-96)

Chairman Alessandrini reported that further information on the expansion was not ready to present.

Other business

• Brian Holbritter raised the question of requiring a septic design when subdividing lots 5 acres and smaller where the owner has no intention of developing, suggesting a note used by the Town of Pittstown (“Lots not to be developed at this time may not be developed until sewerage systems are approved by the permitting authority”). Attorney Pratt will research whether such a note is permissible and the origin (county, state, or DOH) of the subdivision law.
• Chairman Alessandrini reported an inquiry from the developer of River’s Edge about locating a 300-square-foot cabin/guest house for seasonal use within the development. Because the Town does not allow houses under 600 square feet or tiny houses, the Board was undecided whether it might qualify as a camp or accessory apartment; the Chairman will research building codes, and a ZBA variance may be needed.
• A resident inquired about a possible lot-line adjustment to acquire an adjacent 20′×50′ lot in the Hamlet District of Pleasantdale from a neighbor willing to sell, without paying for a survey. The Board discussed waiving a pre-determined parcel without survey; Attorney Pratt raised concern about whether the county would accept a transfer without a survey plat. The Chairman thought deed consolidation would be required and will contact the county mapping section.

Adjourned at 8:54 PM (Akin · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Weir, Wiley; Nays: none). Submitted by Elizabeth Hale, Planning Board Clerk.