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Zoning Board of Appeals

Thursday, October 6, 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.

The Zoning Board of Appeals of the Town of Schaghticoke met at the Town Hall, 290 Northline Drive, Melrose, on Thursday, October 6, 2022.

Public hearings

There were none.

Regular meeting

Chairman Ed McDonough opened the meeting at 7:08 p.m. with roll call. Present: Ed McDonough (Chairman), Jason Shover, and Kristin Griswold. Absent: Rich Geddis and Lettie Saheim. Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale were present.

  • Minutes of August 4, 2022 accepted as submitted (Shover · Griswold — Ayes: McDonough, Griswold, Shover; Nays: none). The Board noted it had met in September but, with only two members present, conducted no business.

309 Hudson Avenue — floodway rebuild inquiry

Chairman McDonough reported a call from Building Inspector Scott Frisino about 309 Hudson Avenue, where a home burned down roughly 1–1½ years ago and may be razed. The question was whether a new owner could rebuild on the same footprint without ZBA area variances. Chairman McDonough consulted Deputy Town Attorney Kristin Pratt, who advised that while the property would likely qualify as an existing lot under the Zoning Law, it lies in a floodway per FEMA mapping, so no development is permitted without proof it will not increase flood elevations during the 100-year flood — requiring a hydraulic “no-rise” analysis. The Chairman, who visited the site, reported the residence is beyond restoration; the out-of-town owner, who bought the property sight unseen, wishes to sell it.

St. Croix Solar Farm — public hearing scheduled (Ridge Road, RA district)

The Board discussed the St. Croix Solar Farm project, a Type I Action for which the Planning Board will seek lead agency status and make a SEQRA determination. An area variance is required because the rotating panels, at 18 feet, would exceed the Town Solar Law’s 12-foot limit. Assuming the Planning Board completes its SEQRA determination at its November meeting, the Board agreed to hold a public hearing on an application for a 6-foot height area variance.

  • Motion to schedule a public hearing on Application #2-22 of St. Croix Farm for November 5, 2022 at 7:15 p.m. (McDonough · Griswold — Ayes: McDonough, Griswold, Shover; Nays: none).

Powers Lane subdivision discussion

Attorney Pratt reported that an owner on Powers Lane appeared before the Planning Board about a possible subdivision of a 30,000-square-foot lot in an RA district. The lot was originally part of a two-lot subdivision that was merged at an unknown time and has an existing residence on half of it; public water and septic are available. The owner wishes to purchase the proposed subdivided lot, but multiple setback issues mean a variance application would be required before a subdivision could proceed, potentially involving the ZBA in the future.

Other

Chairman McDonough remarked that he had observed police and sheriff vehicles at a property on Milky Way where it appears rooms and a garage may be rented for residential purposes.

Adjourned at 7:55 p.m. (McDonough · Griswold — Ayes: McDonough, Griswold, Shover; Nays: none). Submitted by Elizabeth Hale, Clerk.

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