Clermont Zoning Board of Appeals
Germantown, New York 12526
December 28, 2016
Member attending: Hank, Don, Luke, John and Matthew
Hank opens the public hearing at 7:30 PM Open with a salute to the flag.
Loveland- Hudson Solar Public hearing- Jeff represents the Lovelands. One Acre Solar Array is what is being applied for. This will be the first in the National Grid area. This is a small array. The North property line and West side which is the rear of the site. Law requires 50 feet setbacks. They have 38ft. request 12 feet variance on two sides. There is some screening. Some visibility could be noticed from Jug Road. Ripley asks if the variance makes any difference in efficacy of the solar plan. She would like the fifty feet on her side of the property. She feels that the variance should not be passed as she has had to follow the laws of the town. She has no concern with the solar farm. She wants to see the requirement for the 50 feet upheld Hank states that the ZBA worked with her on her application and she agrees with that. She wants all to have to follow the same rules. Jeff asks about her concerns. It is only with her side of the project, not the other side requiring a setback. The Loveland’s want to continue to pursue asking for the 12-foot variance. Bob Desmond has never seen any difference in treatment in applicants. There may be reasons that have led to what appears to be a difference. She is happy to hear that there is no special treatment and all aspects are taken under serious consideration. Hank states that her comments are taken into consideration and the board can put a stipulation for any special screening. Jeff states that there is no screening to the West side. Ripley states that the screening he speaks of is her brush and trees etc. not in the plan. Hank asks if there is any other comment. Hank asks for a motion to close the public hearing John makes the motion, Don seconds. All in favor roll call. Don- yes, Luke -yes, John- yes, Phyliss-yes, Hank-yes. The motion is carried. Green receipts are collected.
There is a letter from the Planning Board.
Pinho- public hearing. Motion to open made by Luke, second by John. All are in favor. The hearing is opened at 7:45 pm. Mr. Pinho has all the receipts. The board has received a letter of recommendation from the County Planning Board. They are applying to put an apartment in the existing building. It used to be the site of Back in Time Pizza. There is no public comment. Hank asks for a motion to close the hearing. Motion made by John and second by Phyliss. All are in favor and the hearing is closed at 7:48 PM. They should attend the next planning board meeting and they will do a site plan review.
Regular meeting: The meeting is opened at 7:53 pm.
Hank asks for a motion to table making a decision until all forms are completed. Phyliss makes the motion, Don seconds it and all are in favor.
Hank asks for a motion to accept the minutes of the last meeting as read. Luke makes the motion, John seconds it. All are in favor and the minutes are accepted.
Hank reads a letter from John Feiser regarding Chris Gilbert property on Route 9. Hank states that Kevin Kelly is still using the northern section for Storage. Many members have stated that they have viewed
people living structures on the property. Hank is not sure how the board wants to proceed. Hank does not agree with the letter. He asks how the board feels. The board feels that he is not in compliance. John needs to be notified. Luke wants to know if the board can ask that John go there again. The board does not feel that the letter is correct. Phyliss makes the motion, John seconds. All are in favor and a letter will go to the ZEO requesting him to re-visit the site again.
Hank has no other old business.
Todd Delgadio. His property is 1791 County Route 19. He wants to build a house and a barn. He has a two construction trailers. They are temporary. He has placed the trailers without any permits to do so. A permit can be issued for 6 months and renewable one time for up to 120 days. He wants a special permit for the two temporary trailers. Hank lets him know that he will need a copy of the deed and a check for $100 for the application fee. The board is reviewing the application for completion. There is also a need for $200 for escrow. Please bring a copy of the deed to the Town Clerk. All neighbors have to be contacted within 500 Feet. This has been done already.
Don- Pinho has to have John go to identify if there are too many cars in the parking lot and this is a violation. The ZBA can request that the ZEO goes there.
Matt G, town attorney, completes the full Environmental Assessment Form. for Loveland/Hudson Solar. The Board goes through the form. This is determined as a type 1 action. Hank needs a motion John makes the motion, Luke seconds and all are in favor.
Matt reads the section two form and the board goes through it together. Matt recommends that the board declares a negative declaration of impact. Any potential impact can be mitigated by screening. Phyliss mentions that the neighbor’s screening should be taken into consideration as not the applicants screening. Hank states that the special permit has been that the variances are what are in question. One impact is the view of this from neighboring properties, as stated by Matt. Hank asks for any input from the Board. A focus to discuss the impact of the project. Don, Luke, John and Phyliss are in favor of a negative impact declaration on the SEQR. There is a letter from the Clermont Planning Board that was submitted to the Board. This letter is not what was discussed by the Town Planning Board and the Town Zoning Board. Hank feels that either both should be approved or denied, not just one side area variance. The board discusses how they feel about the recommendation the Town Planning Board has provided and how to proceed. The board discusses this. There is no mention of screening in the letter from the town planning board. The existing screening is on the adjoining land owner and not provided by the applicant. There needs to be further discussion about screening on the West side. The board can continue to discuss. They have 62 days to discuss. More and more of these sites are coming up. Hank asks if granting a variance on a brand-new town zoning law, are we setting a precedence. Phyliss agrees. Hank wants the board to take their time and really take all things into consideration. Phyliss makes a motion to table this and Hank seconds it. All are in favor and this is tabled. We would like to get Pete’s input on this as well.
Hank asks for a motion to accept the Todd Delgadio application for a special permit. John makes the motion, Luke seconds Don yes, Luke yes, John Yes, Phyliss, no. Motion carried and the application is accepted. There will be a public hearing in January 25th for a special permit at 7:30 pm. Motion is made by John, second by Luke and all are in favor. The motion is carried.
There is no other new business. Hank makes a motion to close the meeting John seconds and all are in favor and the meeting is closed at 9:30 pm.
Tamera Connolly, secretary