Clermont Zoning Board of Appeals
Germantown, New York 12526
January 25, 2017
Member attending: Peter as Chair, Don, John and Luke
Pete opens the meeting at 7:30 PM.
Open with a salute to the flag. Don makes a motion to accept the minutes as read and Luke seconds the motion to accept the minutes of the last meeting. All are in favor and the minute are accepted.
Loveland: Jeff is here and Pete asks if there is a permit on the property for the business that is there. Pete asks if the board has discussed this. Pete would like to see a permit for the business on this property. Luke is not sure that this is needed. In 2011 he applied for permits for apartments. He at that time stated he would only be doing light business. Jeff states that there was a site visit by members from the board. Jeff stated that there is no business during the day. The trucks return at night. He stores equipment, etc. This is in RLB3 zone. Luke states that the Minettas have a business from their home. Pete states that the Loveland property business takes up more than 50% of the land. Jeff said that the board has done the long form SEQR and now there is 62 days from the closing of the public hearing. Pete agrees that they have this time to make a decision. There is discussion about that this was brought up prior to the public hearing. There was discussion about curb cuts as well in the past. The application at hand is for two area variances for the solar array. Hank told Pete that there was a discussion about this. We have a letter from the County Planning Board. John says that he feels with this new law the board should hold to the fifty feet. There is no reason why they cannot require the fifty feet setbacks. Mr. Hemple states that the board should look at whether a not there is a need for a variance or not. John states that this is a self-inflicted hardship. Luke feels that a variance here would should require trees to be planted for screening. Don agrees there should be screening -trees planted and he feels that there should be 50 feet setbacks. Pete states that there should be screening all the way around. Jeff said not visible to neighbors or roads. Bob Desmond says that they need to produce a plan for screening, but, this would not be discussed until it is known if the variance will be granted. Jeff states that the planning board is looking at the screening. There is screening on the south to block the view from Jug Road. There is screening on the north side. There is no visibility from some portions of it. Does Mr. Loveland own the property up to Jug Road. Jeff states that the screening is on Mr. Loveland’s property. There is a 50 foot right of way between Ripley’s property and the Loveland property. Rippley’s concern is screening on the west side and a little strip south of Jug Road. It is beyond the chip pile. There is no screening required at this side. It cannot be seen from the road. Don feels the board needs to require the 50 feet setbacks as the law states. Pete asks if the board feels that they should vote on the variance. Don- 50 feet need to be required. Luke – 50 feet variance and John- 50 feet variance. Pete asks for a motion. John makes a motion to vote on the two 12 feet variance requests. Luke seconds this. The board votes Luke- no, Don- no, John- no, all are in favor and the variance is not granted for 12 feet. Pete is looking through the file to see if this is for a special use permit and a variance. The application in the file is for a special use permit. This means that there can be conditions on this. The Planning Board is waiting on the ZBA’s decision on the variance. Now the Town Planning Board has to do a site plan review. Pete states that once we hear from the Planning Board, we will need to have conditions on the special use permit, particularly regarding screening on the west side. Pete asks the board about their feelings on the screening on the north and west side within the 50 feet.
Tami will send the Town Planning Board a letter that the ZBA will grant the special use permit with conditions that there will be screening added on the North and West side. The variance was not approved. To avoid the applicant from having to return, the conditions required by the ZBA is that the screening is planted on the North and West side and the site plan is approved by the Town Planning Board. Pete asks for a vote on this. Don- yes. Luke- yes, John yes. All are in favor and the motion is carried.
Matt Cichetti- Pete will recluse himself as this is his son.
Matt is applying for use of Pete’s barn to be used for events. There are maps and an application. The barn was built two years ago. The septic was installed, the drawings were submitted to the DOH. The area for parking is marked on the map, but, there is no plan for car parking to be there, but busing. There is accommodation for handicap parking. The entrance will be on 9G. There is a right away but it does not exist and is not part of this application. The maximum people will be 200. There are handicap and vendor spaces. The preference is to have buses to bring in the people. The fire trucks will fit in. Fireman have been there. Don wants to be sure that there is some clearing in the front of the property to provide a better view of entering and leaving the property. The BOH will provide a response once there is an approved use. Matt provides the application for the board to review. There is a list of the landowners in the surrounding 500 feet. He has a copy of the deed. The board has to determine if the application is complete. Luke makes a motion to accept the application. John seconds it and all are in favor. The application is accepted. A check for the application fee is presented for $100. Tami will send a letter to county planning board. The board will do a site visit. The board will schedule a public hearing on March 22nd at 7:30 pm. Letters of notification to landowners need to be made. Tami will send a letter to the planning board requesting a site plan review response for the Cichetti event venue.
Pete asks if there is any other business. Luke asks if there is any response to the letter the board sent to the ZEO regarding the Gilbert property.
Todd Delgadio did not come to this meeting and the outstanding documents have not been submitted.
Pete asks for a motion to adjourn the meeting. John makes a motion, Luke seconds it. All are in favor and the meeting is adjourned at 8:51pm.