Kenneth Casamento, Mountain View Farm, Co. Route 6

Mark Levine – Nevis Road                               Eileen Karcher – Cedar Hill Road        

Paul Doherty – Huckleberry Crossing   Thomas Jantzen – Commons Road

Michael Kokas – Pleasantvale Rd.                    Richard Jones – Moore Road              



December 13, 2006


The Clermont Planning Board held its regular meeting on Wednesday, December 13, 2006.  Those members present were Chairman Larry Saulpaugh, Dianne O’Neal, Clayton Andrus, Garret O'Connor, Aldo Dusman, Mandy Fuchs and Robert Queirolo. Others present were Richard Bump, Stephen Jaeger, Michael Kokas, Eileen Karcher, Mark and Katherine Levine, Julius Woods, Richard Jones, Edgar Jimenez, Maria Acosta, Ken Casamento, Paul Doherty, Tom Jantzen, Lauren Kingman, Everett White, surveyor for Jantzen, Bruce Unson, John Gall, Bob Desmond, Rodney Morrison, LRC Group, Marie Welch, surveyor for Jantzen and Dan Wheeler, Town Engineer.


Chairman Laurence Saulpaugh opened the meeting. Dianne O'Neal corrected the minutes, page 3, 2nd paragraph, add ‘authorization letter must be submitted before any action can be taken’.  A motion was made by Larry Saulpaugh, seconded by Dianne O'Neal to accept the minutes of November with corrections.  All in favor.  So carried.


The public notice was read for the Alfred and Julia Jantzen public hearing for a boundary line change on Commons Road.  Garret O'Connor recused himself.


A motion was made to close the regular meeting and open the public hearing to subdivide 5.22 acres from 52.566 acres to be adjoined to lands of Thomas Jantzen on Commons Road.  There was a letter of authorization from Mr. Jantzen for Tom to act on his behalf, the Ag Data statements had been prepared and sent out.  The following is still needed:

1.      Deed descriptions for joining the two parcels.

2.      Show acreage of lot being amended on map.

3.      Describe in comment section.

There were no questions or comments from anyone present for or against.

A motion was made by Dianne O'Neal, seconded by Robert Queirolo to continue the public hearing on January 10, 2007.  All in favor.  So carried.


Garret O'Connor came back on the board.


Richard Bump and Stephen Jaeger, Hogtrough Road are proposing creating two lots on an eight-acre parcel on Hogtrough Rd. and County Route 8.  Lot 1 – 2 acre, Lot 2 – 2.233 acres and the remaining acreage with the house and barns already situated. 

The applicants have two driveway approvals from the County; the Board of Health approval is pending completion of work. 

1.      Show well and septic locations for house

2.      Adjoining neighbors wells and septic should be shown within 200 feet, as well as, adjoining residences.

Page 2                                      Planning Board Minutes                        December 13, 2006


3.      Straighten boundary line between Lots 2 and 3 to accommodate straightening driveway.

4.      Show power line easement on map.

5.      Total due for application and recreation fees is $250.00.


Michael Kokas is proposing further subdivision of 5.61 acres and 5.32 acres out of 94.3 acres on Pleasantvale Road in the Roe Jan Corridor.  Has driveway permits for two lots.  Needs an agreement to be able to turn a town truck around, in writing from landowners.  The Town is going to install a 60-foot culvert on town right of way. 

1.      Set stakes for corner pin and note on map where town property is for access to turnaround.

2.      Show easement on map

3.      Board of health approval for in ground systems.  They are waiting for these maps.

4.      Perc tests

5.      Deed descriptions

6.      Have surveyor check language of power easement.

A motion was made to accept this map as a sketch plan by Dianne O'Neal, seconded by Robert Queirolo.  All in favor.  So carried.


Eileen Karcher brought in new survey maps of property on Cedar Hill Road and County Route 6.  She is proposing a subdivision of Lot 1 – 1.39 acres with house and Lot 2 – 1.00 acre with garage.  There is septic approval on Lot 2.  Because Cedar Hill Road runs through the property, the board wanted to be assured whether or not the one-acre lot included the portion of the road to make the acre.  It appears that it does.  Because of this it will be best not to deed over portion of road to town because it does make up the acre of land required by subdivision regs.  The interested party, Mr. Jimenez, would like to be assured that if he purchases the entire parcel, that he can subdivide at a later time.   A new application would have to be submitted and the maps changed.  Need a letter from highway superintendent about turnaround on west side of Cedar Hill Road. If they can have everything ready for January, a public hearing can be held in February.  A motion was made to accept as a sketch plan by Aldo Dusman, seconded by Clayton Andrus.  All in favor.  So carried.


Mark and Katherine Levine are proposing a three- lot subdivision on Nevis Road of ten acres.  Lot A - 1.94-acre, Lot B- 1.87 acres, Lot C- 1.32 acres and the remaining 4.86 acres with existing residence. 

1.      Submitted a draft Declaration of Easement and Road Maintenance agreement for the common driveway for lots A and B.  The board has concerns over Item #10 and would like our attorney to review the agreement.  It will be sent to the attorney with a copy of the map.

2.       Dan Wheeler will review drainage calculations with Tim Ross, the Levine’s engineer.  It should also be stamped with Mr. Ross’ name.  

3.      Show utilities on map

4.      Easement to maintain streambeds, cleanout, etc.

Page 3                                      Planning Board Minutes                        December 13, 2006


5.      Easement for electric line maintenance

6.      It was noted that there are no wells or septics within 200 feet of proposal to be shown on map.


Richard Jones has been to the ZBA for an area variance to allow him to subdivide a 4.8- acre parcel on Moore Road into two parcels, Lot 20A – 2.593 acres and Lot 20B – 2.212 acres.  The existing garage is located only three feet from the proposed property line of the new parcel and a ten-foot setback is required.

1.      We did not receive the approval from the ZBA.

2.      There is no deed restriction on this parcel, restricting subdivision.

3.      Surveyor needs to stamp maps.

4.      Board of Health approval, stamped on map

5.      State on maps, Sheet l of 2, sheet 2 of 2, etc.

6.      Show easement for utilities on map.

7.      Show electric pole and line on map.

Mr. Jones will be back next month.


Garret O'Connor recused himself from the next discussion.

Thomas Jantzen, representing Alfred Jantzen and Marie Welch, surveyor for the proposed five lot subdivision from 116 acres more or less on Commons Road came before the board.  The engineer did not get the information to them in time for the meeting.  The board would like the information in the deed regarding setbacks for structures and the gas pipeline, which is shown on the map.  Also, regarding the intent and capability of providing electric service to property from National Grid.  She stated that the easement for utilities would run across all lots and they will be underground.

The driveway maintenance agreement for Lot l and 2 will have to be reviewed by our attorney.  Send to secretary to get to attorney.

There is no buffer involved with the wetlands because they are Army Corp wetlands.  Lot #5 is a buildable lot of approximately one-acre as required. 

Applicant has received driveway permits for Lots 1, 2 and 4; Lot #3 is existing with 12 inch by 40-foot culverts.  Garret O'Connor is back on the board.


Paul Doherty, developer of Huckleberry Crossing on Turkey Hill Road in Clermont and Milan was present.  The ‘Notice to all involved agencies’ has been sent for lead agency status.  A letter was received from the Town of Milan Planning Board dated December 7, 2006 stating that they would like lead agency status for the review of this proposal.  The applicant can request whom he wants as lead agency.  A determination may have to be made by DEC as to lead agency status.  Eighty-seven percent of the building lots are in Clermont as opposed to thirteen percent of the land and 5 lots in the Town of Milan, due to wetlands and slopes.  Lauren Kingman, Chairman of the Milan Planning Board, cited impact of traffic, can traffic be prevented from going through Milan, potential impact on the character, one acre zoning as opposed to three acres in Milan.



Page 4                                      Planning Board Minutes                        December 13, 2006


Mr. Doherty pointed out that almost all lots are two acres or more.  Dianne O'Neal asked about support services and the process for doing SEQRA review.  Mr. Kingman pointed out that they have many specialists in environmental, habitat assessment and a planner and engineer under contract.  It may be possible to use Milan’s resources and do a coordinated review of SEQRA with reports coming back to both boards.  Mr. Doherty’s group has done or will do a vegetation survey.

There were questions regarding segmentation, which would occur if you intentionally broke up the action in order to avoid a situation and whether or not the applicant might pull the application.  That is a possibility.  Dan read through impacts that DEC might look at for their decision.  Aldo Dusman asked if other boards usually come to meetings?  Dan responded that anyone could come to meetings, write letters, etc. 


Mr. Kingman proposed a compromise of Clermont keeping lead agency status with Milan’s consultants and Dan Wheeler working together and providing a non-voting seat on the board for SEQRA review.   Milan would be an involved agency.  Mandy Fuchs is concerned about prohibitive costs for the applicant in this situation.  The applicant will bear the expense.


A motion was made for Clermont to be lead agency cooperating with the Town of Milan and working with their consultants by Dianne O'Neal, seconded by Clayton Andrus.  A roll call vote was as follows: Dianne O'Neal, aye, Clayton Andrus, aye, Robert Queirolo, aye, Aldo Dusman, aye, Garret O'Connor, aye, Amandus Fuchs, aye, Laurence Saulpaugh, aye.  All in favor.  Motion carried.  Mr. Kingman will give the Planning Board a letter to this effect and withdraw their request for lead agency status.


Ken Casamento and Rodney Morrison, LRC Group, representing the Mountain View Farms Subdivsion on Route 6 spoke to the board regarding the subdivision of ten (10) lots on the south of Route 6 and thirteen (13) lots on the north side.  There was discussion about leaving a continuation for the road through Borgia’s property on the south side, but the area is very wet.  The board asked about what was found in the old dump on that side and there was organic waste, plastic and metal cans, nothing of chemical nature leaching into wetlands.  The applicants would like to circulate the lead agency request on this project.  A motion was made by Mandy Fuchs, seconded by Clayton Andrus to accept the maps as sketch plan for the north and south subdivisions.


The Zoning Board of Appeals will hold a public hearing on December 27th on an area variance for an 8 x 12 feet deck on the front of the hour on Firehouse Road.


A motion to adjourn was made by Garret O'Connor, seconded by Clayton at 11:15 P.M.


Respectfully submitted,


Mary Helen Shannon