Zoning Board of Appeals

The Zoning Board of Appeals of the Town of Schaghticoke met at the Town Hall, 290 Northline Drive, Melrose, on Thursday, August 4, 2022.

Regular meeting

Chairman Ed McDonough opened the meeting at 7:00 p.m. with roll call. Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Lettie Saheim, and Jason Shover. None absent. Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale were present.

• Minutes of July 7, 2022 approved as submitted (Saheim · Griswold — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Public hearing — Liz Davis, Application #1-22 (Tax Map #11.-1-6.114)

Chairman McDonough read the Notice of Hearing for Application #1-22 of Elizabeth Davis, 600 Verbeck Avenue, Schaghticoke, for property at the same address in the Residential Agricultural district, seeking an area variance to construct an accessory building approximately 28′ × 32′ and 16 feet high. Zoning Code Section IV(F)(2)(c) provides that no accessory building shall be set back less than its height from any lot line; the applicant requested a 12.5-foot area variance to build approximately 3.5 feet from the side property line where a 16-foot setback is required.

Applicant Liz Davis (owners Liz and Kyle Davis) presented the proposed two-car garage on a 2.9± acre lot, to be located at the end of the driveway, 10 feet in front of a propane tank and 16 feet from the residence, with a side-yard setback of 47.5 feet to the right of the house. There was no public comment.

• Motion to close the public hearing and re-open the regular meeting at 7:13 p.m. (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Regular meeting (resumed)

Liz Davis — decision

Chairman McDonough reviewed Section XI(b)(1–5) of the Zoning Code with the applicant and Board. The Board found no undesirable change to the neighborhood’s character or detriment to nearby properties; board member Kristin Griswold, who lives nearby, noted a number of similarly situated homes and garages in the area. The Board agreed there was no alternative location given the propane tanks and vent, that the variance sought is not substantial, that there were no objections or adverse environmental impacts, and that the difficulty was self-created. The Chairman noted the Rensselaer County Bureau of Economic Development and Planning returned Notification of Zoning Review Action indicating no major impact on County plans, referring the matter to local action.

• Motion to grant Application #1-22 for a 12.5-foot area variance to allow a 28′ × 32′ garage at 600 Verbeck Avenue (Griswold · Geddis — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

The applicant was advised that a written Notice of Decision would follow and the Building Inspector would be informed.

St. Croix Farm Community Solar Farm (Tax Map #13.-1-5)

Tory Hanna, AICP, of Davis Hill Development (Greenwich, CT) appeared for property owner John Moore, joined by Nick Schupp (Assistant Project Manager) and a representative of RENUA Energy. The proposal is a 5-megawatt / 7½-megawatt community solar farm on 34.2± acres of Mr. Moore’s 257.4± acre parcel in an RA district at the corner of Ridge Road and Master Street (St. Croix Farm, 14 Ridge Road). Attorney Pratt noted the application is a Type I Action for which the Planning Board will seek lead agency status, with no decision until a SEQRA determination; an application to the ZBA for a height area variance is also required because the single-axis-tracking panels, at 18 feet, would exceed the Town Solar Law’s 12-foot height limit as they rotate.

The 34.2-acre parcel, subject to an agricultural easement with the Agricultural Stewardship Association, received ASA approval to be extracted from the larger farm on the condition that an agricultural component (sheep grazing) be part of the project. The array would be surrounded by 7-foot fencing designed to allow wildlife access, with self-locking gated access adequate for fire equipment; the local fire department has been contacted. Mr. Hanna described the panels’ motion and weather-sensing features, noted power would be transmitted to National Grid with only two concrete transformer pads, no battery storage, an estimated 10–20% discount for participating community members, and a decommissioning plan.

Board members raised questions and concerns: Jason Shover asked about equipment updates (Mr. Hanna said the 25-year contract would not make ongoing updates cost effective, and software monitors panel condition); Lettie Saheim expressed general concerns about solar, citing agreements at the Herrington Solar Farm (Bracken Road) that were not honored and a stalled solar project on Route 40 in Easton; and Rich Geddis raised supply-chain concerns. John Moore replied the farm would not produce energy until 2024, when the Stillwater Bridge Road substation is ready, and that no construction would occur until all supplies were delivered. A resident asked about a solar-charging motor and the basis for the bill savings (Mr. Hanna said each residence must contract with the provider to receive the discount). Planning Board member Wayne Akin spoke in support of the project.

Town Board Sign Law amendment referral

Chairman McDonough reported the Town Board requested a report from the ZBA on amending the Zoning Law to allow electronic messaging signs, which are currently prohibited. Deputy Town Attorney Kristin Pratt read and explained the proposed law, noting it would not remove the need for a Planning Board special use permit for signage. In discussion, Lettie Saheim called electronic messaging signs a distraction and deterrent to safe driving; Rich Geddis noted that 85% of Route 40 is residential and unsuitable; the Chairman felt the ZBA’s opinion would not affect the outcome; and Jason Shover and Kristin Griswold stated they were not in favor. Attorney Pratt will draft a report to the Town Board indicating the Board is not in favor of the amendment, citing driver distraction and the many residences in the Hamlet District where such signs would be permitted.

Adjourned at 8:18 p.m. (McDonough · Griswold — Ayes: McDonough, Griswold, Geddis, Saheim, Shover; Nays: none). Submitted by Elizabeth Hale, Clerk.