Clermont Zoning Board of Appeals
Germantown, New York 12526
March 25, 2015
Members attending: Hank, Tami, John, Don, Pete and Luke and Phyllis Hieko
Hank opens the meeting at 7:30 with a salute to the flag.
Public hearing: Ralph Arlyck.
Public hearing: Luke makes a motion and John seconds the motion to open the public hearing.
Mr. Arlyck discusses the plan for the installation of a solar ground mounted electric unit that they plan
to place on 122 Old Road in Germantown. The audience is invited to review the map and plan and ask
any questions that they may have about the project.
The square footage of the solar panel is 65’x 39’ each and about 800 square feet in total. Pete shows
pictures that another applicant had provided in the past. It also showed screening that was placed. It
was nice for a visual for the audience as well as the board.
Maureen lives at 3459 Old Road and is Ralph’s neighbor. Hank explains that county planning will not be
involved in this application. The County Planning Board sent a letter stating that it is not an application
of concern. The letter is dated March 19, 2015 and will be filed. Maureen states that she is in support of
the solar panels. She provides an aerial view of the property. Maureen explains the photographs that
she has provided. She asked Ralph in a conversation at an earlier date on his property if he would
consider moving the panels another 20 feet to be out of her view. Hank states that the proposed spot is
over 400 feet from her house and 50 feet from the property line. He chose the place that he did in order
to be able to stagger the panels as he felt that was more visually appealing. He stated that he may be
able to put up some trees. Hank asks Jason if he feels that it would be feasible to place trees as a
screening/shading in the area that is slated to hold the panels. Pete states that she would be viewing the
back side of the panels. It has to be 50 feet back from 9G and it will be. Maureen asks if there is a glare
issue with regard to 9G. This will not be an issue with the type of panels that these are. Maureen further
speaks about the photos she has provided of her property and Ralph’s property. The panels will be 50
feet from her property and from the road. She also addresses the requirement for screening. She
highlighted the Clermont Zoning ordinance and was pleased that there is a mention of screening. She
feels that she is asking that the town takes her input and Hank acknowledges that this will be taken into
consideration. Bob suggests that the board may want to consider screening on the road side as well.
Hank states that this suggestion will be taken as a consideration. Hank also states that the county has
been made aware of this application as has the planning board. Ralph states that he looked at other
options to move the panels but the existing trees would cause blockage and not be practical with the
panels. He states that he has accepted that there are things on her property that he has accepted that
may not be pleasant to him, but he accepts that it is her property. Kevin, neighbor on the western
boundary of the property has concern of the back of the panels. He is concerned that there is
appropriate screening to be placed. She knows that the board has this consideration and Ralph and
Hank agree that it is consideration. There will be more and more of these panels coming to Clermont.
This section was added to the current town zoning ordinance so that there would be consideration of
the need for screening while at the same time, encourage the solar panels coming to the area.
Carole asks if it is possible to move the panels closer to the pool. Ralph states that the exposure would
not be appropriate to the array.
There are no other questions. Hank asks for a motion to close the public hearing. John makes the motion
and Don seconds it. All are in favor and the hearing is closed at 8:10 pm.
Hank opens the regular meeting at 8:10 PM.
Pete reads the completed SEQR form to the board and the audience.
Hank asks for a motion to accept the SEQR form. Hank makes a motion to accept the SEQR. All are in
favor and the motion is carried.
The board determines to table the discussion for tonight. However, the screening will be discussed with
the town planning board as well. All in favor and the board votes all Yes.
Hank asks for a motion to accept the minutes of the last meeting. John makes the motion, Luke seconds
it and all are in favor and the minutes are accepted as submitted.
New Business:
Applicant: Jessica Vigars represents Verizon Wireless. She submits the application and the application
fee. Colin is there and he is with Jessica with regard to the application for a special permit.
Hank will speak with Mary Helen regarding who will collect the escrow.
An application fee of $100 is submitted tonight to the board in the event that the application is
accepted. Jessica reviews the application with the board. The expectation is to provide better coverage
in local areas where there is a gap in coverage. Land has been provided on Mountain View road for a
site. They determine if they need a new tower or if there is an existing tower they can join with or a
large high structure that they can use before determining to put up a new tower. There needs to be a
higher elevation for the tower. It will be new 120 foot high mono pole tower, not a grid tower. It could
be shared with other carriers. It would be just one tower. There would be a 12x 30 foot structure for an
equipment shelter. The lease area is 120 ft. x 80 ft. The actual compound is 70 feet by 80 ft. There is an
easement lease with the land owner for an access road.
There is a site plan in Tab two of the provided application packet. C1 and C2 provide the best overview
from the road. Other carriers may want/require a equipment shelter. There is room there if there is a
future need on the compound. Pete asks if there is insurance coverage in case the tower was to fall. The
property is Cedar Hill Farms. There could be a balloon test to show visibility.
Hank asks if there are any other questions with regard to the completeness of the applications. Ripley
asks what the tower sizes vary as. For this site any tower would need to be above 80 feet.
Hank asks for a motion to accept the application. Pete makes a motion, Don seconds it. All are in favor
and the application is accepted. This will need to go to the Columbia County Planning board and
Clermont town planning board for feedback and recommendation.
Applicant: Ripley Hathaway for a special use permit for having weddings on her property. She submits
the application and the deed.
Hank asks if there is any discussion. The application is complete. Luke made a motion to accept the
application, John seconds the motion. All are in favor and the application is accepted. Ripley submits a
check for the application fee. She will need to go to the Clermont Planning Board on the second
Wednesday of April. Hank asks for a motion to schedule a public hearing for April 22nd at 7:30. Luke
makes a motion, John seconds it. Don yes, John yes, Luke yes and Hank yes. All are in favor and the
hearing will be held on April 22, 2015. Ripley submits a check for the fees.
Southwood Property, LLC. Presented an application for a permit for holding weddings on his property.
The property is located on Woods Road. The deed is included with the application. Hank asks if there are
any questions regarding the applications. He will need to provide a letter or statement document stating
that the property is now his. Hank asks if anyone has any other questions. Hank wants to know if the
board will accept the application with the condition that the Environmental Assessment forms and letter
proving ownership of the property is provided to the board before proceeding. Luke makes a motion,
Pete seconds it. All are in favor and the application is accepted. Hart provides a check for the fees.
Hank has maps from the Toy Factory in Nevis. Brian will be coming to the next application night.
Hank asks if there are any other questions.
Hank asks if there is any other business.
Hank asks for a motion to adjourn the meeting. Pete makes a motion to adjourn, John seconds it. All are
in favor ant the meeting is adjourned at 9:50 pm.
Respectfully submitted,
Tamera Connolly, secretary