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, December 8, 2022.

Regular meeting

Chairman Ed McDonough opened the meeting at 7:02 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 November 3, 2022 accepted as submitted (Shover · Griswold — Ayes: McDonough, Geddis, Griswold, Shover, Saheim; Nays: none).

Public hearing — St. Croix Solar Farm, Application #2A-22 (Tax Map #13.-1-5)

Chairman McDonough read Application #2A-22 of SV St. Croix One, LLC (1616 16th Street South, Nashville, TN) for property owned by St. Croix Farm, Inc. at 14 Ridge Road, Valley Falls, in the Residential Agricultural district. The applicant seeks a 6-foot area (height) variance from the 12-foot maximum for solar arrays set by the Town Zoning Law (as amended by Local Law No. 1 of 2017), to permit arrays up to 18 feet, and will thereafter seek site plan approval and a special use permit from the Planning Board for a 5-megawatt ground-mounted single-axis tracker solar array.

Tory Hanna (Vice President of Business Development, Davis Hill Development) and Nick Schupp (Project Manager, RENUA Energy) appeared; property owner John Moore was present. Mr. Hanna noted the Planning Board issued a negative declaration under SEQRA on December 7, 2022. The project would occupy a 30-acre section of the roughly 720-acre St. Croix Farm off Ridge Road, with Agricultural Stewardship Association approval on the condition it be a dual-use solar-and-agriculture project (sheep grazing). The 18-foot height, needed to permit grazing beneath the panels, occurs intermittently as the single-axis panels track the sun. Lettie Saheim asked whether the panels would be cleaned automatically; Mr. Hanna said they would be cleaned manually. There was no public comment.

• Motion to close the public hearing at 7:15 p.m. (McDonough · Geddis — Ayes: McDonough, Geddis, Griswold, Shover, Saheim; Nays: none).

Regular meeting (resumed)

St. Croix Solar Farm — 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 (the well-screened array), no alternative location (the site is the least productive area of the 720-acre farm), that the variance 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 a 6-foot area variance to allow installation of the single-axis rotating solar panels at St. Croix Farm (McDonough · Geddis — Ayes: McDonough, Geddis, Griswold, Shover, Saheim; Nays: none).

Al’s Towing and Motor Vehicle Repair Station (Tax Map #51.3-1-6)

Applicants Todd Papielion and Joe Cramer appeared. Mr. Papielion, formerly an auto mechanic in Troy, proposes to operate a minor auto-repair shop and small towing business on a 0.47-acre lot at 751 NYS Route 40 in a Hamlet District in Melrose, at the site formerly operated as SRM Motors. He presented a hand-drawn plan and stated he wished to lease the building with the intention to purchase, contingent on being able to operate the business. He said he holds a contract to tow vehicles for the NY State Police, stores accident vehicles held for insurance appraisal for only 1½–2 weeks (with longer-term storage in Troy), and has no intention of running a junkyard or scrap yard, having worked to clear junk cars from the property. It was noted he had been using adjacent land not part of the leased parcel, which he said he had not realized was separately owned. The Planning Board had asked the ZBA for an interpretation of the appropriate classification of the business. Chairman McDonough and Attorney Pratt advised the applicant to submit a thorough written synopsis of the repair and towing business, including the percentage of each activity.

• Motion to hold a public hearing for an interpretation of whether the business falls within “Motor Vehicle and other junkyards” or “Motor Vehicle/Automotive Service Station/Motor Vehicle Repair,” on January 5 [2023] at 7:05 p.m. (McDonough · Shover — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Mason’s Place Dog Grooming (Tax Map #32.-3-19.11)

Applicants Casey Jennings and Destiny Peters appeared, proposing a dog-grooming business (no outside kennel) in the former medical building at the corner of NYS Route 40 and Meadowview Drive, renting from the building owner. They were working to obtain an updated survey from land surveyor Brian Holbritter; side-yard area variances from the 50-foot setback are anticipated, while front and rear setbacks appear to meet the Code.

• Motion to hold a public hearing on the area-variance application on January 5 [2023] at 7:30 p.m., on the condition that a full application and updated map showing the distances be submitted by December 15, 2022 (McDonough · Griswold — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none).

Hilltop Bowl (40 Hansen Road, Speigletown — RA district)

A representative of the family that owns Hilltop Bowl at 40 Hansen Road, Speigletown, appeared to ask the Board for suggestions on possible future uses, noting the family would like to move on but has no firm plans. After discussion of rezoning and marketing the property, he was advised to see the Town Board (if seeking to rezone) or to reach out to the Town Supervisor.

Adjourned at 8:33 p.m. (McDonough · Saheim — Ayes: McDonough, Geddis, Griswold, Saheim, Shover; Nays: none). Submitted by Elizabeth Hale, Clerk.