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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, May 4, 2023. Chairman Ed McDonough opened the meeting at 7:02 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.
The Board accepted the March 2, 2023 minutes (McDonough · Shover) — Geddis and Saheim abstaining — and the April 6, 2023 minutes (Saheim · Shover) — Griswold abstaining.
There was no ZBA application business; the Board took up discussion items and referrals from the Town Board.
Code-enforcement follow-up
The Board revisited a Riley Road property where junk has again accumulated after an earlier cleanup — reportedly including numerous vehicles spilling onto the roadside, along with boats and other debris. Chairman McDonough asked the Town Supervisor to have the Code Enforcement Officer, Brian Davidson, inspect the property, document violations, and send the owner a letter; a prior question over the property’s title and a possible foreclosure was noted.
Al’s Towing update
Deputy Attorney Pratt reported that the Town has commenced an enforcement proceeding in Schaghticoke Town Court, filing and serving separate matters against Al’s Towing and against the estate of the property’s late owner (so that the two cannot act as co-defendants), with a first court appearance anticipated in early June. The operation had “toned it down” but was clearly still running to some extent; the Board reiterated that the Route 40 parcel is not large enough to accommodate a towing business without blocking the road. Deputy Attorney Pratt had recommended the operator secure an alternate location. It was noted that the business license carries the prior operator’s now-invalid registration number, and that NYS DMV had been copied on the original Notice of Violation.
Town Board referrals
- Solar on the town landfill. The Supervisor relayed that a solar developer, Active Solar of Ballston Spa, would like to use the capped town landfill — zoned Highway Commercial — for a solar farm. Because the Town Solar Law permits commercial solar only in the Residential/Agricultural district, McDonough consulted Planning Board Chairman Frank Alessandrini, Deputy Attorney Pratt, and Town Attorney Dave Brennan. Rather than rezone the parcel or amend the Solar Law immediately, it was determined that the landfill is the most suitable site and that the applicant should seek a use variance from the ZBA, with the Planning Board acting as lead agency.
- Hilltop Bowl rezoning. The Board received a referral on rezoning Hilltop Bowl and several surrounding parcels from Residential to Hamlet District. The ZBA’s position was unchanged from March — neighboring owners should be able to weigh in first, and it is difficult to comment without knowing what a future buyer would do with the property.
- Penalty amendment. The Board indicated support for a proposed amendment reducing zoning penalties to fewer than 15 days (a 15-day-or-more penalty is a misdemeanor, which allows for a public defender and prolongs enforcement) and will draft a responsive letter.
The Board adjourned at 7:52 p.m. (Saheim · Geddis · all).
Respectfully submitted by Kristin Griswold, Zoning Board of Appeals.
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