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, January 4, 2024.
Regular meeting — 7:00 PM
Roll call took place.
Present: Ed McDonough (Chairman), Rich Geddis, and Jay Shover. Absent: Kristin Griswold and Lettie Saheim. Kristin Pratt, Deputy Town Attorney, and Elizabeth Hale, Clerk, were present.
Because there was not a quorum of the members who had attended the December 7, 2023 meeting, the Board could not approve those minutes; they will be reviewed at the February meeting.
The Board voted to suspend the regular meeting and open the public hearing on Application #8A-23 (McDonough · Shover · all).
Public hearing — Kulzer area variances (317 River Bend Road)
Chairman McDonough read the notice of hearing for Application #8A-23 of Dennis Kulzer, seeking area variances to build a residence at 317 River Bend Road, Tax Map #70.-11-2-19, in the Hamlet, Pleasantdale zoning district. Under the Zoning Schedule of Lot Dimension and Bulk Requirements, the application needed a west side-setback variance of 1.9 feet, an east side-setback variance of 4.7 feet, and a front-setback variance of 10 feet, plus a 52-foot variance from the Zoning Law’s 100-foot setback from the Hudson River.
Mark Danskin, licensed surveyor, and the applicant appeared. Mr. Danskin reviewed an updated survey showing contours and the precise flood plain and floodway. The proposal is a one-family, two-bedroom home with a garage on the 5,776-square-foot lot next to the Hudson River. While part of the property lies within the FEMA flood plain, the proposed house would sit outside it. He said the plan fits the character of the neighborhood, where a previous riverfront dwelling had burned and been razed in the 1990s, and submitted a 1990 survey by his father showing access easements.
A neighbor spoke in support. With no further comment, the Board closed the public hearing at 7:15 p.m. (McDonough · Geddis · all).
Decision
Rensselaer County’s Bureau of Economic Development and Planning had returned the referral for local consideration. Reviewing the area-variance criteria (Section XI.B.2.b), the Board found that the variances would not change the character of the neighborhood (and would improve a vacant site), would not harm nearby properties, could not reasonably be achieved another way given the lot size and the river, and were not substantial or environmentally adverse, though it found the difficulty to be self-created. Deputy Town Attorney Kristin Pratt noted that Building Inspector Scott Frisino was aware of the application and would ensure construction stayed out of the flood plain.
The Board granted Application #8A-23 to build the dwelling and garage, with two conditions (McDonough · Shover · all):
- Before construction, the applicant must stake the area to be disturbed so the flood plain is not impacted.
- Before construction, the applicant must confirm that the FEMA flood-plain boundaries have not changed since the decision.
Any disturbance of the flood plain must comply with applicable local, state, and federal law.
ABEI Energy solar inquiry (Northline Drive)
Chairman McDonough reported emails and calls from ABEI Energy about the viability of a commercial solar facility on Northline Drive in the Residential Agricultural district. ABEI has not operated in New York State. The town explained the process: a use-variance application would be required for a project in an RA district, and, if granted, the project would still need Planning Board approval. No specific address was provided.
The Board adjourned at 7:24 p.m. (Geddis · McDonough · all).
Respectfully submitted by Elizabeth Hale, Clerk.
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