ZONING BOARD OF APPEALS
OCTOBER 26, 2016
The Clermont Zoning Board of Appeals held a public hearing and the regular meeting on Wednesday, October 26, 2016 at 7:30 P.M. at the Town Hall. Those in attendance were Chairman Hank Himelright, Don VanWagner, Luke Kumburis, Peter Cichetti, Alternate Phyllis Heiko and John Rusconi.
Others present were William Cole, Jeff Irish and Bob Desmond.
Chairman Himelright opened the meeting with the salute to the Flag.
A motion was made by Don VanWagner to open the public hearing of William Cole, seconded by Luke Kumburis. All in favor. So carried.
William Cole, 3541 Route 9G, Tax Map #190-1-4 appeared before the board for the public hearing on the accessory use on his property that had been previously adjourned.
Mr. Cole submitted the list of adjoining landowners and the certified receipts of the mailings. He has an auto repair shop in the front of the building and wants to store his equipment in the back. Chairman Himelright asked if he had removed the Hudson Valley Garage sign and extreme motor sports sign, and he has. Don VanWagner asked if there was a lift in the garage. He does have one in the garage. The plan is to have another lift in the auto repair shop. There are no restrictions on this project. A copy of the letter from DEC will be added to the file regarding the use of the property.
Peter Cichetti asked if we need to add restrictions that there can be no further uses. This would be determined by the Building Inspector.
A motion was made to close the public hearing and approve the special permit by Peter Cichetti, seconded by Don VanWagner. A roll call vote was held as follows: Don VanWagner, aye; Luke Kumburis, aye; John Rusconi, aye; Peter Cichetti, aye; Hank Himelright, aye. Motion passed.
A motion was made by Don VanWagner to approve the September minutes, seconded by Luke Kumburis. All in favor. So carried.
DENNIS AND KAREN LOVELAND, 3847 Route 9G, Tax Map ID#168-1-13, represented by Jeff Irish of Hudson Solar are applying for two area variances for installation of a solar energy system on their property. Mr. Irish explained that they started this project several months ago, participated with the Town Board through the moratorium and the new zoning regulations.
NYS authorized solar systems installed on property and can be credited back to the owner of the property, with the idea of having solar available more widely. Most towns have put through a moratorium and put conditions on when the moratorium ends.
Hudson Solar is trying to do smaller systems, on less than an acre and potentially on roof.
Dennis and Carol Loveland have 10 acres in the R3 zone. They offered to host one of these systems.
It is on one acre, on the northwest corner of the property, not visible from the road and only partially visible from the neighbor. They are in front of the planning board for screening. They are proposing additional evergreens on the north side to screen from Jug Road and one neighbor. The height of the system in total is eight feet high. There are 630 panels and would completely eliminate the need for about 25 homes. Peter Cichetti said that the Loveland’s should put in the curb cuts that were not required when they started using the property for storage and apartments because of the potential of increase in traffic.
Mr. Irish pointed out that the side and rear setbacks were increased with the new zoning to 50 feet from 20 feet. They are requesting a 38 foot rear yard setback on the rear and north side. Mr. Loveland would like to keep that area free for landscaping activities, therefore, is requesting the two area variances. Peter Cichetti asked if the power company is going to accept this power. They have to because it is state law, approved by NYS. Mr. Irish was asked to supply a copy of the deed to determine if there are any restrictions on the property.
Chairman Himelright explained about the need for the variances because it was realized that they did not meet the setbacks in zoning. Luke Kumburis asked if this effects their taxes. NYS has exempted solar being taxed. Chairman Himelright asked if there are people who will be receiving solar shares from this project. Mr. Irish explained that the shares can be transferred and the minimum number is three panels but more can be purchased. Peter Cichetti does not think we should accept the applications for the area variances as yet, so that this can be digested and we see the application for the special permit.
It was decided that Mr. Irish would have to come back and submit an application for the special permit as well as the application for the two area variances.
A motion was made to accept the application as complete, contingent on receiving the deed for the property by Chairman Himelright, seconded by John Rusconi. A roll call vote was held as follows: Don VanWagner, aye, Luke Kumburis, aye; John Rusconi, aye; Peter Cichetti, nay; Hank Himelright, aye. Motion carried - 4 to 1.
Because of the Thanksgiving Holiday, the November meeting will be held on November 30th at 7:30 P.M.
A site visit will be done on Wednesday, November 2, 2016 between 3-6:00 PM. Chairman Himelright asked if there are any markings so that they can see the reference site.
MIGLIORELLI: County Route 6, Tax Map ID#191.1-1-32 - Hudson River Air Dogs is seeking a special permit for the use of Mr. Migliorelli’s property for a dog dock jumping/diving facility venue. There are currently two uses on the property, a woodworker and the cold storage. The Chairman does not see a definition on this type of activity in zoning and does not think a third use would be permitted. When they do return, this will have to be discussed. He believes that one use would have to cease before they could start another.
CHRIS GILBERT: Chairman Himelright said that when the Building Inspector issues a letter of compliance with zoning we can proceed with his application. It is believed that there is still someone living in one of the silos. Chairman Himelright does believe that he may be moving or parking his truck somewhere else.
Bob Desmond explained that in the revised zoning regulations, a homeowner’s ground mounted or roof mounted solar is considered an accessory use. A Solar Farm is defined as a principal use and there could be a second principal use on a property.
A motion was made to adjourn at 9:00 P.M. by Peter Cichetti, seconded by John Rusconi.
Mary Helen Shannon
For Secretary Tami Connolly