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Planning Board

Wednesday, March 2, 2022

Unofficial summary. This is a community summary of the town's official minutes, provided so the record is searchable and readable. It condenses the meeting and may omit detail. Some private individuals’ personal details have been left out. The official signed PDF is the complete record of authority.

Office of the Planning Board, Town of Schaghticoke — March 2, 2022. The Board met via Zoom videoconference under the 2022 amendments to the New York Public Officers Law. Deputy Town Attorney Kristin Pratt explained the Zoom procedure, noted the meeting notice was published in the Troy Record and posted on the town website, that the meeting was recorded and would be transcribed later, and that minutes were being taken; the public was asked to mute unless speaking, and comments were encouraged to be spoken aloud to be recorded.

Public hearing

Hoosac Valley Farmers Exchange — Sign Permit (Tax Map #32-3-14.2)

Opened at 7:30 PM. Chairman Alessandrini read the Notice of Hearing. Justin Frisino, Manager, was present and represented the applicants, Maureen and Eric Mayer. The proposal is for two signs on the building at the corner of Madigan Road and NYS Route 40 (HC district): a 42-square-foot standing sign, externally lit with gooseneck lighting, off NYS Route 40; and a 279-square-foot sign within the gable section on the westerly side of the building. The building signage would be 2′7″ black metal capital letters with 30″ lower-case letters, all set 3″ from the wall, silhouetted by downcast LED back lighting with no direct lighting. The size exceeds what is allowed in the Zoning Code. There was no public comment. The hearing was closed at 7:39 PM.

Regular meeting

Convened at 7:40 PM. Members present: Frank Alessandrini (Chairman), Wayne Akin, Dan Clow, Brian Davidson, Elizabeth Hale, and Scott Wiley. Robert Weir was absent.

  • February 2, 2022 minutes approved as submitted (Wiley · Akin).

Hoosac Valley Farmers Exchange — decision

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

Both signs are larger than allowed by the Zoning Code’s sign requirements. The Board discussed their size, the distance of the building from the road, and the significant amount of NYS-owned road frontage along NYS Route 40, and determined that although the volume of the waiver is profound, the greater size of the signs was justified and warranted and that the lettering was proportionate to the building size.

  • Waiver of the Zoning Code sign requirements — to allow a larger standing sign and a larger sign than permitted on the building façade — and approval of the application as presented (Davidson · Akin — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).

Peters Subdivision — Pre-filing Conference (Tax Map #50.-1-24.1)

Applicant Les Peters presented a proposal for a four-lot subdivision on 3.11 acres with an existing residence, in an RA district at 100 Calhoun Drive. He stated there is sufficient road frontage with 80′–90′ lot depth and a sloping decline at the rear that descends to a ravine — a 22-acre parcel that abuts his property. His sketch included an adjacent 54′ × 50′ strip at the rear that could provide access to the rear lot upon purchase. Mr. Peters proposes to purchase 8.36 acres, including the 0.639-acre strip, giving him approximately 12 acres total and allowing him to meet the density requirements. He said he believes the proposal is consistent with the neighborhood, which contains several smaller lots across Calhoun Drive.

Brian Davidson remarked that he did not believe the layout was consistent with the intent of the Zoning Law and was not beneficial; Elizabeth Hale agreed. Mr. Akin felt that, as long as the rear lot was not land-locked, the layout was acceptable. Attorney Kristin Pratt noted the proposal is in an RA district with public water but no public sewer, that the minimum lot depth of 200′ might not be met, and that an area variance may be required under the preliminary design. The Board agreed to hold off on providing feedback until the members concerned with the proposal’s consistency with the Zoning Law could drive by the site for a more thorough review.

Powers Lane — existing-lot inquiry

The Board continued a discussion about whether older subdivided lots in the Powers Lane area retain existing-lot status. While common ownership of lots that were once separate is some evidence of merger, case law indicates it is not the sole factor. Under the facts applicable to the Powers Lane area, the lots appear to be used in conjunction with one another — mowed together, with one lot serving as the yard for the lot containing the residence — so it was the Board’s opinion that the lots were likely merged and did not enjoy existing-lot status under the Zoning Code. If the inquiring individual wants a formal opinion on the existing- lot provision, the query may be referred to the Zoning Board of Appeals. The Board discussed that each existing-lot inquiry should be determined case by case, and that a formal interpretation should be made by the ZBA.

Other

The Board discussed whether meetings should return to Town Hall or continue virtually, and whether to move the meeting time to 7 PM rather than 7:30 PM. The Board agreed that future meetings should be held at 7 PM, and Kristin Pratt will send notice of the change to the public.

Adjourned at 9:07 PM (Akin · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none). Submitted by Elizabeth Hale, Planning Board Clerk (dated April 10, 2022).

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