TOWN OF CHARLTON

ZONING BOARD OF APPEALS

MINUTES

FEBRUARY 14, 2006

Meeting was opened at 7:35 my Chairman Maggie Schmidt.  Present were Kurt Vanderhorst, Chip Ellms, Maggie Schmidt, Nilda Burke and Audrey Ketchum.  Ed Malis was excused and Attorney Bob VanVranken could not attend.

A motion was made by Kurt Vanderhorst to approve the minutes of the January 2006 meeting and Public Hearing and was seconded by Nilda Burke. 

On old business, Maggie thanked those who went to the Planning Federation conference in Saratoga.  Kurt attended the overview on Zoning at the conference and said basic information was reviewed.  Nilda attended a discussion about open space, development rights and farms, with Clifton Park being used as a model.  She said if a farmer can receive a large tax incentive to suspend development rights for a period of up to 25 years.  Nilda also stated that Saratoga County has a green-way plan and are looking at the entire county to decide what areas should be preserved; walking trails; a rails to trails program; and are purchasing land to keep the trails contiguous.  In one of the sessions Nilda said they encouraged cluster development.  Examples were shown of what a development would look like using current zoning laws, and what it would look like by clustering homes and sheltering certain areas.  Nilda stated that the question came up as to what happens if the town is deeded certain lands by a developer, does the town want that liability.  It was stated if there is no improvement to the property, there is no additional liability to the town.  If walking trails or benches, etc., were put on the deeded land, the liability would increase, but not by a lot.  Maggie said she got organizational information from the conference.  She feels the Zoning Board may be lacking in communication from the Planning Board regarding referrals.  The ZBA will be working with the Planning Board to come up with a better plan.  Maggie will suggest a letter be written by the Planning Board stating why they are referring a case to the ZBA, and they can also give their advisory opinion at that time.  If the ZBA has a case that is looking at site plans, or cases that have a lot of ground work on the property such as drainage, etc., or cases that have been referred by the Planning Board, she believes they should be the lead agency for SEQR. 

Bob VanVranken told Maggie there was an inquiry from the owners of the Getty station.  She said the property is in a residential area and can never be a special exception again.  They lost it through abandonment.   

There is a special exception case that will be coming before the Board.  The Town Board and town Attorney have looked at the case.  It’s from Dr. Phelps.  It is a lot with a NiMo line through it.  They want to build a new building on the other side of the NiMo line with a separate entrance.  Maggie informed the applicant that the ZBA would need their deed and the right-of-way agreement with NiMo.  She said they sent the application in without the information Maggie requested so it was sent back to them for more information.  Apparently the right-of-way isn’t a right-of-way, but land that is owned by NiMo.  The property is treated as one piece and was never separated.  Maggie said the ZBA cannot hear the case without the deed and right-of-way agreement.

Also Maggie said she got another application from Michael Dorvee, the fiberglass business on Rt. 67.  The application was for an area variance.  Maggie told him she can’t accept the application because it’s not a special exception case.  It has to be a use variance. 

There will be no meeting in March.

A motion was made by Chip to adjourn the meeting, seconded by Audrey.  Meeting adjourned at 8:02 P.M.