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Zoning Board of Appeals

Thursday, September 5, 2024

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.

A note on the link above: the town’s PDF of these minutes is no longer available on the town’s website, so the “Official PDF” link is an unaltered copy we host. For a certified copy, ask the Town Clerk.

The Zoning Board of Appeals of the Town of Schaghticoke met at the Town Hall, 290 Northline Drive, Melrose, on Thursday, September 5, 2024.

Regular meeting — 7:00 PM

Roll call took place.

Present: Rich Geddis, Kristin Griswold, Lettie Saheim, and Jay Shover. Absent: Ed McDonough (Chairman). David Brennan, Attorney, and Elizabeth Hale, Clerk, were present. In the Chairman’s absence, Jay Shover acted as Chairman.

The Board approved the August 1, 2024 minutes (Saheim · Geddis · all) and then voted to suspend the regular meeting and open the public hearing (Griswold · Saheim · all).

Public hearing — Application #1-24 (Malm subdivision) · 7:05 PM

Acting Chairman Shover read the Notice of Hearing for Application #1-24 of the applicant, Trustee of the Malm Family Trust, for property at 1171 NYS Route 40: an area variance from the Zoning Code’s dimensional table for side-yard setbacks of 14.1 and 20.1 feet where 30 feet are required in an RA zone. The applicant proposes to subdivide the existing lot, which holds two houses, so that one can be sold.

The applicant appeared with his wife to present the request. As before, the 2.99± acre parcel (Tax Map #41.-1-20) holds two roughly 50-year-old houses; the applicant’s brother lives in one and wishes to remain. The proposed split creates a 1.81± acre southerly lot and a 1.13± acre northerly lot, each keeping a dwelling. The applicant reported that the shared septic system has now been designed and that Rensselaer County Health Department approval was granted. The application, fee, and short-form EAF were received, and the Board issued a negative declaration under SEQRA.

There was no public comment. The public hearing closed at 7:10 p.m., and the Board reopened the regular meeting (Geddis · Griswold · all).

Decision

Reviewing the area-variance criteria (Section XI.B.2.b, 1–4), the Board found that granting the variances would not create an undesirable effect or a detriment to nearby properties, that the benefit sought could not be achieved by other means, and that the variances would not adversely affect the environment or neighborhood, with no public opposition. The Board further found the hardship was not self-created, since both houses were built around 1950, pre-dating the Town Zoning Code.

The Board granted the side-yard area variances requested in Application #1-24 (Griswold · Saheim · all).

The Board adjourned at 7:16 p.m. (Saheim · Griswold · all).


Respectfully submitted by Elizabeth Hale, Clerk.

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