PLANNING BOARD MEETING
SEPTEMBER 10, 2014
The Clermont Planning Board held their regular meeting on Wednesday, September 10, 2014 at 7:30 P.M. at the Town Hall. Those in attendance were Chairman Laurence Saulpaugh, Jennifer Phillips, Thomas Jantzen, Clayton Andrus, Robert Queirolo and Mary Howard. Aldo Dusman was absent. Others present were Hank Himelright, Chairman of the Zoning Board of Appeals, John Rusconi, Luke Kumburis and Peter Cichetti, members of the ZBA. Also present were George Schmitt, Town Engineer, Andy Howard, Town Attorney William Heffernan and Mark Richardson of NY Light Energy, Raymond Tousey, Dianne O’Neal, Robert Desmond, Dawn Brownson, Lyle and Deborah Wasylchak, Nanette Leonard, Maureen DeKaser, Sarolta Takacs and Desiree Webber.
Chairman Laurence Saulpaugh opened the meeting. A roll call was held.
A motion was made to accept the minutes of the August meeting by Clayton Andrus, seconded by Mary Howard. All in favor. So carried.
A motion was made by Thomas Jantzen to close the regular meeting and open the public hearing, seconded by Jennifer Phillips. All in favor. So carried.
PUBLIC HEARING: This public hearing is held in conjunction with the Zoning Board of Appeals because the application for ground mount solar panels requires a Special Use Permit and Site Plan Review in the Hamlet per zoning.
GEORGE W. SAULPAUGH & SONS: 1790 Route 9 – Tax Map ID#181-1-29
Mr. Bill Heffernan and Mark Richardson of NY Light Energy represent George W. Saulpaugh & Sons on this application. There were five residents present who are within the 500 feet of this proposal. Slides were shown of the proposed panels and the screening.
They are proposing screening with forsythia. Chairman Himelright asked if they researched any other type of screening because even though they do bulk up he has concerns. Mark Richardson said that they have looked at green screening but it takes time to fill in. If the board found that the forsythia did not meet the standards then they could consider something else.
Peter Cichetti asked who would be doing the maintenance on the panels and surrounding area. NY Light Energy is responsible for the maintenance and upkeep of the property and panels. Peter Cichetti asked if it could put be in the special permit that someone is responsible. Mr. Richardson said that once the modules are in, they are pretty much maintenance free. When asked if the electric is stored, they responded that it is not stored, is designed into the panels. Robert Quierolo asked if the line that feeds into the building is underground and how many kilowatts. The lines are underground and it is a 200 KW system. Jennifer Phillips asked if this is close to the usage of the applicant. This is about 90% at this facility. They are installing at another location and it is about 50%. Mary Howard asked if there will be any removal of trees. They do not anticipate any other disturbance other than the concrete ballast, which will be 12-18 inches down that the formed base sits on top of.
Robert Desmond commented that he is not speaking in any official capacity. He commended the applicant and their response to screening which is required.
He noted that there is significant screening to the south but not to the north. There are some evergreens around the Germantown substation on Route 6, which do a good job, that they might look into to.
Jennifer asked if the trees on Piper’s farm to the north were to be removed for some reason, would they consider further screening. NY Light Energy could come in and put in screening if the applicant agreed.
Dianne O’Neal spoke to the conservation easement on the Piper Farm, which allows for a residence to be built in the northeastern section of their property. The array would be seen from that area the most. The owners of the farm were notified by certified mail, but are not present tonight. If a house were to be built to the north, they are willing to accommodate.
Robert Queirolo asked what is the effect of putting this in the special use permit, is it binding? Mr. Richardson would request that they know ahead of time. Chairman Himelright asked if our attorney could draft up something that is binding and he can. Robert Queirolo asked if there will be any additional lighting. They responded that there will not. When asked if they have a contract agreement with the Saulpaughs, they explained that there is a purchase contract for twenty years and provisions to extend it. Jennifer Phillips asked if there were provisions to disband it. They explained that the landowner can renew it, can be purchased by the applicant or they can remove the entire system and restore the property to its previous condition.
Andy Howard, town attorney explained that the town’s code states that if the equipment does not perform for a period of 12 months they must take it down.
Peter Cichetti asked if this would affect any future subdivision plans. They have decided where to place the arrays and then they would have to work with the planning board if they wanted to subdivide.
Mr. Richardson commended the board on having guidelines in their zoning.
Chairman Himelright has the return receipts, completeness of the application and SEQR.
The Zoning and Planning boards reviewed the SEQR.
A motion was made to close the public hearing by Luke Kumburis, seconded by John Rusconi. All in favor. So carried.
Andy Howard suggested that the Zoning Board could grant special use permit for arrays pursuant to plot plan, subject to conditions. He suggested the following conditions:
- Should tree line on the adjacent property to the north be removed and or should there be a residential structure constructed on the adjacent property to the east, and the building inspector finds any of these two things, he could direct the applicant to come back to the board. It provides a trigger to come back to the town.
- He also recommends to reference Section 4.14.21C3, which provides that if the equipment ceases to be used it must be removed and ground restored.
A motion was made by Luke Kumburis, seconded by Peter Cichetti to declare a negative declaration. All in favor. So carried. The Zoning Board of Appeals will meet in two weeks, on September 24th to review the conditions of the special permit and make their decision.
This concluded the joint meeting with the Planning Board and Zoning Board Appeals.
Mary Howard asked the board if there is a certain type of planting that they want to see. They showed forsythia that if planted 4 feet apart for a dense hedge, will fill in rather quickly.
A motion was made by Jennifer Phillips to approve the project as presented, seconded by Tom Jantzen. All in favor. So carried.
A motion was made by Tom Jantzen to open the Tousey public hearing, seconded by Jennifer Phillips. All in favor. So carried.
RAY TOUSEY: 1783 Route 9 – Tax Map ID#181.3-1-6.110. Mr. Tousey spoke to those present. He purchased the two acres and tin barn next to his residence. He has requested approval for a conference center because it was allowed in the hamlet with site plan review. There were several residents present who were notified by certified mail about this public hearing.
Among the concerns from those present were the purpose of the application, hours of operation, feeling that a closing time of 10:30 P.M. was late for a weeknight, concerns of those attending remaining later than the end time, water table and lighting.
There was concern that this is just being reviewed, but Jennifer Phillips explained that the planning board has been reviewing this for months and that this is the next step in the process. Andy Howard explained that the board has deemed the application essentially complete. If there is a concern that the plan does not provide the information, then this is the time to voice your concern. The board can either close the hearing or continue it. Clayton Andrus said that depending what the applicant wants to do, he would have to come back to the board.
Maura DeKaser asked about the end of an event being 12:00 P.M. and on the weekdays at 10:30 P.M. It was explained that this refers to amplified sound to end at that time. She also is concerned about lighting and if there will be any other structures.
Clayton Andrus said that the board did not address the time that an event must end, just the sound. Ms. DeKaser asked if the hours of operation could be negotiated. She feels that the hours on a weeknight might be too late. Desiree Webber agrees that 10:30 P.M. might be too late also.
In regards to lighting, there would be two light poles, twelve feet high and downward facing.
Desiree Webber suggested that it would be rare that there could be sixty events. Ray Tousey explained that the 60-event limit came from the Board of Health.
Robert Desmond is not speaking on behalf of the town board, and his concern is the parking. With the number of events, he feels that there should be a minimal amount of blacktop. He suggests along with the handicapped spaces being blacktopped or graveled, there should be several other spaces that may be used more frequently that should have this treatment.
Desiree Webber asked what is the capacity of the building. Ray Tousey said that it is 15 square feet per person. Andy Howard said you are probably looking at a maximum of 75-person occupancy. The septic was designed for 150 people.
The Wasylcak’s live across the street from Mr. Tousey on Route 9 and are concerned about the cars coming out of the driveway and lights shining on their property at all hours. Jennifer Phillips feels that the board needs to define what the limits are because he may sell this property at some time. The board could consider reducing the amplified sound time to 10:00 P.M. on weekends. Maura DeKaser has real concerns about the noise on the weekends, her property values, and quality of life. Mary Howard explained that the board could set a time that the operation stops, but there will still be residual people. Mr. Tousey would have to be responsible at that point.
A motion was made to adjourn the public hearing until next month by Tom Jantzen, seconded by Jennifer Phillips. All in favor. So carried.
When a board member asked if the applicant has to get an area variance because of the building being so close to the property line, Andy Howard explained that no variance is required because of our zoning, which allows a non-conforming use can be expanded up to 100%. There was discussion on fencing, signage and garbage disposal, which is not clearly shown on the plan. It was suggested that Mr. Tousey redo his site plan design to separate the different elements with written descriptions of notes on each element.
Members of the board will make a site visit on Thursday, September 18th at 10:00 A.M.
DIANNE O’NEAL: 85 Buckwheat Bridge Road – Tax Map ID#181-1-32.111 and 181-1-19.120. Ms. O’Neal is seeking a boundary line change to two parcels of land on Buckwheat Bridge Road. Parcel 181-1-19.120 will be decreased from 27.678 acres to 9.636 acres with its own driveway. Parcel 181-1-32.111 will be increased to 91.115 acres. The larger parcel has its own existing driveway from Buckwheat Bridge Road. Ms. O’Neal does have the survey maps and deed descriptions. She will bring a copy of a conservation easement, which exists, on the parcels. A public hearing will be held on Wednesday, October 8, 2014 at 7:30 P.M.
COLIN BROWN: 73-10 Trout Creek Road – Tax Map ID#192-1-96
Application for Colin Brown for site plan review, forwarded by the ZBA, for a pole barn to store trucks and equipment on his property in the RA zone. He states the size will be 30 x 40, 25 feet high at the gable end. The application to the ZBA is for a home occupation, which requires a special use permit. The ZBA will be also holding a public hearing for an interpretation of the home occupation clause in zoning.
Motion to adjourn at 10:30 P.M. by Mary Howard, seconded by Jennifer Phillips. All in favor. So carried.
Respectfully submitted,
Mary Helen Shannon
Secretary