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Zoning Board of Appeals

Thursday, October 3, 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, October 3, 2024.

Regular meeting — 7:00 PM

Roll call took place.

Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Lettie Saheim, and Jay Shover. David Brennan, Town Attorney, and Elizabeth Hale, Clerk, were present.

The Board approved the September 5, 2024 minutes, with corrections to the lot measurements in the Notice of Hearing (Saheim moved, Geddis seconded; McDonough abstained, having been absent that month). It then voted to suspend the regular meeting and open the public hearing (McDonough · Shover · all).

Public hearing — Application #1-24A (Malm subdivision) · 7:03 PM

Chairman McDonough read the Notice of Hearing for Application #1-24A of the Trustee of the Malm Family Trust, for the properties at 1171 and 1177 NYS Route 40 (Tax Map #41.-1-20): area variances from the Schedule of Area and Height Requirements for lot density — 1.81± acres for the southerly property and 1.13± acres for the northerly property — where the Zoning Code requires one dwelling unit per 3 acres in an RA zone.

The applicant appeared with his wife. At its October 2 meeting the Planning Board had granted the subdivision, contingent on the ZBA approving these density variances. As established at earlier hearings, the parcel holds two roughly 50-year-old houses, the applicant’s brother lives in one and wishes to remain, and the applicant received the side-yard setback variances at the September meeting; the density variances were the remaining step needed to sell one of the homes.

There was no public comment. The public hearing closed at 7:05 p.m., and the Board reopened the regular meeting (McDonough · Griswold · all).

Decision

Because the Board had already reviewed the area-variance criteria (Section XI.B.2.b, 1–4) with the applicant in September and found no deterrents or adverse effects, and was well familiar with the application, there was no further discussion. The Board granted the density area variances requested in Application #1-24A (McDonough · Shover · all).

The applicant asked about obtaining new tax-map numbers for the two new lots. Attorney Brennan explained that tax-map numbers are assigned at the Rensselaer County level, not by the Town, and outlined the process: request a statement from the County Division of Finance that no taxes are due on the properties, then submit that letter and the survey maps to the Rensselaer County Clerk, where the deed is filed. New tax-map numbers are generally assigned around March 1 each year. Chairman McDonough said he would notify Frank Alessandrini, Planning Board Chairman, that the variances had been granted.

Other — inquiry about a seasonal camp near the Hudson River

Chairman McDonough noted a call from a realtor whose client is interested in buying property at the end of Calhoun Drive, across from the Hudson River, and placing a mobile home or camp there to be removed after each use. The site currently has a dock, a concrete pad, and a shower drawing water from the river. The Board consulted the Zoning Code (p. 143), which sets out two classifications of camps, Type I and Type II. Attorney Brennan observed that such a “camp” may also fall under building and sanitary codes, so the Building Inspector may need to be consulted, and said he would research the topic further. Chairman McDonough will return the realtor’s call to explain that research is under way.

The Board adjourned at 7:28 p.m. (McDonough · Shover · all).


Respectfully submitted by Elizabeth Hale, Clerk.

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