Zoning Board of Appeals

The Zoning Board of Appeals of the Town of Schaghticoke met at the Town Hall, 290 Northline Drive, Melrose, on Thursday, July 3, 2025.

Regular meeting — 7:00 PM

Roll call took place.

Present: Ed McDonough (Chairman), Rich Geddis, Kristin Griswold, Lettie Saheim, and Jay Shover. Absent: None. Dave Brennan, Town Attorney, was present.

Approval of prior minutes

The Board reviewed the minutes of the June 5, 2025 meeting. Lettie Saheim moved to approve them as submitted; Kristin Griswold seconded. Ayes: McDonough, Geddis, Griswold, Saheim · Nays: None · Abstention: Shover.

Public hearing — Burniche area variance (Application #3-25, Tax Map #60.-2-7)

Chairman McDonough moved to suspend the regular meeting and open the public hearing on the application of Joe Burniche, owner of 151 Turner Road, for a side-yard setback area variance for a proposed detached two-car garage with an accessory apartment. (Two local residents were present.)

The garage is proposed to sit 15 feet from the eastern boundary line. The Zoning Law requires a setback of no less than the height of the garage or 10 feet, whichever is greater; at an approximate height of 29 feet under the zoning definition, the setback requirement produces a needed variance of 14 feet.

Mr. Burniche described the proposed 36′ × 47′ two-car garage (about 29 feet tall) with a second-story accessory apartment for his daughter, who already lives in the existing home, so no additional traffic would be created; he confirmed he would address any drainage problems the construction might create.

Neighbors’ drainage concerns. Two neighboring residents on Turner Road raised concerns about water run-off, describing a persistent “low spot” and a swamp-like flooded area (roughly 20–30 feet wide by 100 feet long) that collects between their properties, and one shared photographs with the Board. They said the problem post-dated the construction of Mr. Burniche’s home and believe the dwelling changed the flow of water across the road onto their land. Rich Geddis recommended notifying the Highway Department; the residents said they had already contacted the department but were told it was too busy to observe the site. Chairman McDonough called that response unacceptable and said he would reach out to Town Supervisor Tim Salisbury and Highway Superintendent Shawn Hayes and then follow up with the residents.

Ed McDonough moved to close the public hearing and reopen the regular meeting at 7:16 p.m.; Kristin Griswold seconded. Ayes: McDonough, Geddis, Griswold, Saheim, Shover · Nays: None.

Decision — area variance granted

The Board reviewed Section XI.B.2.b(1–5) of the Zoning Ordinance — the area-variance balancing test — and concurred:

1. Having reviewed the architectural plans and visited the site, and with Mr. Burniche agreeing to manage the drainage, the garage and accessory apartment will not create an undesirable change in the neighborhood or a detriment to nearby properties.
2. There is no other suitable location on the lot, so an area variance is the only means to achieve the proposal.
3. The requested variance is not substantial.
4. The plans show an aesthetically pleasing garage that coordinates with the existing structure, with no adverse environmental impact.
5. The difficulty is self-created, arising from the desire for a two-car garage and accessory apartment.

Chairman McDonough moved to grant the requested 14-foot area variance; Rich Geddis seconded. Ayes: McDonough, Geddis, Griswold, Saheim, Shover · Nays: None.

The Chairman said he would notify the Building Inspector of the approval, and reminded Mr. Burniche that he must still apply for a Special Use Permit from the Planning Board.

Respectfully submitted by Elizabeth Hale, Clerk.