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.
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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, February 2, 2023. Chairman Ed McDonough opened the meeting at 7:01 p.m. with a roll call.
Present: Chairman Ed McDonough, Rich Geddis, Kristin Griswold, Lettie Saheim, and Jason Shover. Also present: Deputy Town Attorney Kristin Pratt and Clerk Elizabeth Hale.
The Board accepted the January 5, 2023 minutes (McDonough · Shover) — ayes McDonough, Griswold, and Shover; Saheim and Geddis abstained.
Home-occupation inquiry
Chairman McDonough reported that a resident had inquired about opening a home-based teeth-whitening business in an RA district. After reviewing the Zoning Code with Deputy Attorney Pratt, he advised the resident that the proposal met all the requirements of a home occupation permitted in an RA district and would not require an appearance before the ZBA or Planning Board, and directed her to the Building Inspector, Scott Frisino, to proceed.
Public hearing — Al’s Towing and Automotive interpretation (continued)
The Board reconvened the public hearing, opened January 5, on the Planning Board’s referral for a zoning interpretation (Town Zoning Law Section XI[B][1][a]) concerning Al’s Towing and Automotive at 751 New York State Route 40 (Tax Map #51.3-1-6) in the Hamlet District. The question was whether the business falls within “Motor Vehicle and other junkyards” (Section VI[B][19]) or “Motor Vehicle/Automotive Service Station/Motor Vehicle Repair” (Section VI[B][15]). The property was owned by the late Salvatore Melite, whose son is believed to be the executor of the estate. A representative, Charles Terry III, appeared for the company’s owner, Todd Papielion, who was reported ill.
Chairman McDonough read aloud a January 31 letter from Code Enforcement Officer Brian Davidson, who reported visiting the site in August, September, and January. A Notice of Violation had been issued for blocking Route 40 and for operating a junkyard. On his most recent visit Mr. Davidson found a flatbed and tow truck, seven vehicles with plates and five without, automotive parts, and a 21-foot car-carry truck; he had never observed vehicles being repaired or serviced, but had seen vehicles and parts being loaded and unloaded and vehicles being dismantled.
Mr. McDonough noted that the Board had requested — at its December and January meetings and in two letters — records identifying the type of business operated at the property, and that no such records, and no copy of the lease, had been submitted. Deputy Attorney Pratt reiterated the request for a narrative and supporting records (customer lists, invoices, material-purchase records). The company’s representative maintained that the business is not a junkyard and that its operators were struggling to keep it going.
The hearing grew heated, with an outburst among both the company’s supporters and neighboring residents, each complaining of harassment by the other; at one point residents called the Rensselaer County Sheriff’s Department, which responded. The company’s representatives left before the hearing concluded.
Because the Board had made multiple requests for documentation that the business operates as an automotive-repair or maintenance service, had received none, and the company did not request additional time, Chairman McDonough moved to adopt a resolution determining that Al’s Towing falls within the definition of a motor vehicle junkyard under Section XIII of the Zoning Law, consistent with the definition of “junk yard” under Town Code §78-2 — a use not permitted in the Hamlet District (McDonough · Saheim · all).
The Board adjourned at 8:04 p.m. (McDonough · Geddis · all).
Respectfully submitted by Elizabeth Hale, Clerk.
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