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The Zoning Board of Appeals of the Town of Schaghticoke met at the Town Hall, 290 Northline Drive, Melrose, on Thursday, January 5, 2023. Chairman McDonough opened the meeting at 7:00 p.m. with a roll call.
Present: Chairman Ed McDonough, Jason Shover, and Kristin Griswold. Absent: Elizabeth Hale (Clerk), Lettie Saheim, and Rich Geddis.
The Board accepted the December 8, 2022 minutes (Griswold · Shover · all).
Public hearing — Al’s Towing and Automotive zoning interpretation
Chairman McDonough opened a public hearing at 7:05 p.m. on a referral from the Planning Board for a zoning interpretation (Town Zoning Law Section XI[B][1][a]) concerning the property at 751 New York State Route 40 (Tax Map #51.3-1-6), in the Hamlet District. The question was whether Al’s Towing and Automotive falls under “Motor Vehicle and other junkyards” (Section VI[B][19]) or under “Motor Vehicle/Automotive Service Station/Motor Vehicle Repair” (Section VI[B][15]). The property is owned by the late Salvatore Melite.
Mr. Papelion, the operator of the company, explained that it is a minor repair shop and towing service. He had received a violation notice and cease-and-desist over obstruction of Route 40 during loading and unloading and over operating a junkyard/scrapyard, and he maintained that the business is not a junkyard. He noted he is also seeking a contract to tow for the New York State Police.
Deputy Attorney Kristin Pratt explained that operating details fall outside the ZBA’s jurisdiction on the interpretation itself; if the ZBA determines the company is not a junkyard, the matter would return to the Planning Board for a special use permit, where such issues would be addressed.
Residents attending the hearing raised a number of concerns, including hours of operation, the number of unregistered and junk vehicles on the site, traffic cones placed on the fog line of Route 40 at a tight, accident-prone curve, whether the driveway has an approved NYS DOT access permit, and an alleged encroachment onto an adjoining property. Residents submitted several dated photographs and a screenshot of the company’s Facebook page referencing buying cars for scrap and selling used parts. The company’s representatives said the cones were for worker safety and would be removed within a few weeks, and disputed the junkyard characterization; several of the vehicles on site were said to belong to the property owner’s family.
The Board noted that Mr. Melite had recently passed away and that his son had been handling negotiations; Mr. Papelion is purchasing the property under a two-year lease with an option to buy. Chairman McDonough said the Board could not make a determination without a copy of the lease and the business records — receipts and invoices demonstrating the automotive-repair services — which had been requested at the December meeting and again in a follow-up letter. Deputy Attorney Pratt suggested the company confirm its DOT driveway access, and directed operational questions to Code Enforcement Officer Brian Davidson.
The hearing was left open and continued to February 2, 2023 at 7:05 p.m. (McDonough · Griswold · all).
Public hearing — Mason’s Place dog-grooming area variances
Chairman McDonough opened a public hearing at 7:30 p.m. on the application of Casey Jennings and Destiny Peters for area variances at 8 Meadowview Drive (Tax Map #32.-3-19.12), in the Highway Commercial district. The applicants propose a dog-grooming business, Mason’s Place, in the former medical building at the corner of Route 40 and Meadowview Drive, with same-day drop-off and pick-up and no boarding or kennel services. Under Section VI(B)(4), the proposed use requires a 50-foot setback from any lot line; the applicants sought a 20-foot front, a 41.3-foot rear, and a 38.1-foot side setback variance.
There were no questions from the Board or the community. Chairman McDonough closed the hearing and reopened the regular meeting (McDonough · Shover · all).
The Board found that the variances would not create an undesirable change in the neighborhood, that the benefit could not be achieved by other means, that any substantiality was mitigated because the building already exists, that there would be no adverse environmental impact in an area already suited to the use, and that though the need was self-created it related to an existing building. The Board granted the variances (McDonough · Shover · all), and directed that the results be sent to the building inspector and the Planning Board.
The meeting was adjourned at 8:45 p.m.
Respectfully submitted by Kristin Griswold, Zoning Board of Appeals.
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