Kenneth Casamento for Prime Development, Co. Route 6-       Richard Jones – Moore Road

Mark Levine – Nevis Road                                           Fay Werner – County Route 6

Paul Doherty – Huckleberry Crossing               Kathryn Schuman – Route 9



October 11, 2006


The Clermont Planning Board held its regular meeting on Wednesday, October 11, 2006.  Those members present were Chairman Larry Saulpaugh, Dianne O’Neal, Clayton Andrus, Garret O'Connor, Robert Quierolo, Aldo Dusman and Mandy Fuchs.  Others present were Robert Desmond, Kenneth Casamento, LRC Group for Prime Development, Richard Jones, Fay Werner, Mark Levine, Irving Minkowitz, Kathryn Schuman, Carl LoGalbo, Paul Doherty, Desiree Webber, Bruce Unson, Charles Larsen, Patrick and Lynn Prinz, Buck and Jenn Griffin, Elizabeth Mahar, Neal Wilson of LRC Group and Dan Wheeler of D.F. Wheeler Engineers.


Chairman Laurence Saulpaugh opened the meeting.  There was discussion as to whether four letters had been read as stated in the minutes.  A motion was made to approve the September minutes as presented by Garret O'Connor, seconded by Clayton Andrus.  All in favor.  So carried.


The public hearing for the Richard Jones two lot subdivision on Moore Road was to be held this evening, however, the application has been denied because of the location of the existing building (garage) which is three feet from the proposed boundary line.  A letter will be written to the ZBA that the subdivision application has been denied.  Also, if Mr. Jones receives an area variance and does return to the Planning Board and the location of existing septics should be shown on the map by the surveyor.  There has to be a shared driveway agreement and the completed Short EAF must be submitted.


A motion was made by Aldo Dusman, seconded by Robert Quierolo to close the regular meeting and open the public hearing on the proposed subdivision of Prime Development, County Route 6, Mountain View Farm.  The proposal is for a three-lot subdivision, Parcel A- 44.508 acres, Parcel B – 2.093 acres, Parcel C – 20.440 acres and a dedication to Columbia County of .8828 acres.  Ken Casamento and Neil Wilson representing Prime Development were present.  The following was presented or discussed:

1.      Return receipts from certified mailing

2.      Health Department – deep tests shown on separate map

3.      Certified letter to adjoining landowners – Sprague and Griffin with regard to locations of their septic and well with no response.  All other adjoining property owners septic and wells were located.

4.      Neil Wilson asked what kind of deed description is needed.  A metes and bounds description is accepted by County.

5.      County Highway was seeking thirty feet from the centerline of Route 6, but because the existing right of way is 25 feet, they have agreed to that in letter of May 15, 2006.

6.      Locate proposed wells on map.


Page 2                                      Planning Board Minutes            October 11, 2006


Mandy Fuchs asked if the Agricultural Data Statement had been sent to any farm operations located in the vicinity.  The secretary responded that they had not been sent.  It was noted that Mr. Minkowitz owns farmland adjoining this property and has used the access to his property, which crosses through the property in question.  The agricultural data statement might address any adverse affect on agriculture.  The applicants stated that there is no easement on record and access will be addressed at a later date.  There is an arrangement with owner, as with the former owner that it can be used as it was in the past until such time as road is in place.  The planning board is considering the subdivision of three lots, not prepared to address road at this time.  Charles Larsen, chairman of the Zoning Board of Appeals pointed out that a variance was granted to the applicants for fifteen driveways on a dead end road.  Will the driveway for parcel A be eliminated when the road goes in?  The applicants stated that it would be in the deed that at the developers cost the existing driveways will be eliminated and a driveway off the new road would be used. 


Mr. Minkowitz is concerned that if Lot A is sold, may not have access to farmland.  Is there an impact on his farmland?  Again, the applicants stated that there is nothing on record to show rights to access.  There was discussion about claim by prescription, which could have been started by Mr. Minkowitz earlier in the process, but has nothing to do with subdivision.  It is a matter between him and the owner.  Part of the process of this subdivision was not done, the agricultural data statement, but Mr.Minkowitz has an alternate means of access, which needs improvement, but can be used by him.  Dan Wheeler advised the board to refer this matter to the town attorney and if felt that this matter is significant or issues remain, leave the public hearing open. If no issues, close and move on.


Patrick and Lynn Prinz asked about water runoff and any affect on their property.  Drainage will be engineered during development of the subdivision. 


Bruce Unson asked why the access is an issue with the presentation tonight.


A motion was made by Clayton Andrus, seconded by Aldo Dusman to continue the public hearing until next month.  The applicant will complete page two of the data statement, which was omitted from the packet and it will be circulated to the farm operations within 500 feet.  Also the Chairman will confer with the town attorney.


Faye Werner, County Route 6 brought in the stamped survey map for a subdivision of 11.622 acres on the west side of Route 6.  She has a driveway permit from the County.  After discussion, a motion was made by Mandy Fuchs, seconded by Robert Quierolo to approve this subdivision as a natural subdivision because it is divided from the rest of the property by Route  6.  Board of Health approval must be obtained before a building permit can be issued.


Page 3                          Planning Board Minutes                        October 11, 2006


Paul Doherty, Huckleberry Crossing subdivision on Turkey Hill Road has been to the Town of Milan Planning Board.  The chairman recommended making a ‘lane’ as opposed to a town road.  A lane is similar to a shared driveway.  A driveway maintenance agreement between seven landowners would be necessary.  There are three proposed lots in Clermont on 300 feet and four lots in Milan.  Clermont zoning allows two lots on a private driveway and each residence must have 50 feet on a public road.  The Town of Lagrange passed a law allowing seven on a shared driveway.  How would a mortgage company handle this arrangement?  Mr. Doherty will go back to Milan.  Highway superintendent Potts has requested paving on Turkey Hill Road to Spring Lake Road in order to raise the grade about two feet.


Kathryn Schuman owns approximately .84 acres on Route 9.  She would like to use an existing building for retail space, office and warehouse.  The board recommended seeing John Fieser on Thursday evening with a plan.


Mark and Kathryn Levine of Nevis Road are seeking a four-lot subdivision.  They will need a maintenance agreement for shared driveways, health department approval, driveway permits.  Dan Wheeler took a copy of map to review drainage.


Two letters were received from Red Hook School and DEC agreeing for us to take lead agency on the Huckleberry Crossing subdivision.


The board received a copy of the application from Raymond and Loretta Bauer to the Zoning Board for an area and use variance to allow him the setbacks required to subdivide his property on County Route 8, in order to keep the mobile home.  They determined that there is 253 feet total road frontage and 300 feet is needed for two parcels.  There is 84 feet from north property line to existing house, 55 feet from house and trailer, requires 60 feet, and 59 feet between trailer and south line.  Mr. Bauer was approved for the mobile home at the time, because he needed a place for his mother.  The variance was granted, with the condition that he would remove the mobile home when his mother was no longer in it.  His brother moved in to care for his mother and is still living in it.  The board discussed whether special privilege should be continued when situation changes.  A motion was made by Aldo Dusman, seconded by Garret O'Connor that we recommend to the zoning board that this application for an area and use variance be denied because it was originally approved for the duration of his mother living in the mobile home.  Upon her passing the mobile home should have been removed.  All in favor.  So carried.  A letter will be sent to the Zoning Board of Appeals.


There will be a planning seminar at Columbia Greene Community College on November 30 from 6:30 – 8:30 P.M.  All members expressed interest in attending.


The correspondence from last months meeting was re-read and discussed.



Page 4                                      Planning Board Minutes                        October 11, 2006


A motion was made to adjourn by Garret O'Connor, seconded by Robert Quierolo at 10:00 P.M.


Respectfully submitted,



Mary Helen Shannon