Clermont Zoning Board of Appeals
1795 Route 9, Clermont
Germantown, New York 12583
May 25, 2016
Hank opens the meeting at 7:30 pm with a salute to the flag.
Members attending: Pete, Hank, John, Luke, Don
Chris Gilbert is not present for the 7:30 pm hearing so the board starts with Tom Jantzen’s public hearing.
Public hearing Tom Jantzen at 7:30 PM. Motion to open hearing don makes motion, John seconds all in favor and the public hearing is opened. The return receipts are turned in. The board reviews the data including maps from Hudson Solar. The planning Board issued a statement to waive the screening. Don looked at the site today and said it looks good. Hank asks if there are any questions or any input from the public. There is none. The SEQR form is reviewed by the board. 199 Commons Road is the site for the special permit. Pete goes through the SEQR form. Hank signs the completed, reviewed copy of the SEQR form. The board will make a motion either tonight or by the next meeting and send a letter to the zoning enforcement officer with the decision. The motion was made to close the public hearing by Luke and second by John all are in favor and the hearing is closed at 7:47 pm.
Public hearing is opened for Bill Cole. John made a motion to open the hearing. Luke second it. All are in favor and the public hearing is opened at 7:48 pm for a special permit. Ron Cagliostro is attending with Bill Cole. A copy of the deed is submitted. Clermont Farm is not farming so there is no farm within the surrounding area, therefore, no Ag statement is needed. Bill bought the property in 2004. Ron currently has a business on Lasher Road and works on cars. He is going to rent the garage to work on cars. Bill wants to put an office in the steel building and store his equipment. There is a recommendation from the planning board. Tami reads the letter to the audience. The board reviews the letter. The Secretary will need to send a letter to the CCPB with the Clermont Zoning Board of Appeals final decision taken. Luke reads the Short Environmental Assessment form and reviews the answers completed. The piece of property used to be a land fill. The property is approved to build on. Test holes were dug. Pete asks if anyone wants to look at any of the old documentation related to the change of use. The board will refer to the old files that shoes the information that the board has on file. This will be reviewed by the board. Don asks about the septic. It is a new tank and it was just pumped by Royal Flush. Hank asks the board members if they have any questions. If not, he asks for a vote. Don yes votes-John yes, Luke yes, Pete SEQR is fine. All are in favor and the vote is carried to accept the SEQR. Hank asks if there is public comment. Any business would require notification to the state if there is a farm property near a new business within 500 feet. They need to be notified. Bob Desmond states that there are two uses according to the County letter. He feels that the board should review this to determine if it is one use or two uses. One is an auto repair shop and the other is a building construction office. Bob states that the code allows one use. Unless the board determines that the uses are similar enough and considers from past discussion as one use. Bob suggests that the board makes this statement if the board considers this one use. Hank states that no one has voted on this yet. This will be part of the discussion with the board. Bob states that
accessory uses are okay. He has a permit for storage units already. Hank asks for any other input. There is none. Hank asks for a motion to close the public hearing. John makes a motion, Don seconds the motion to close the public hearing. All are in favor and the hearing is closed at 8:15 pm.
Chris Gilbert public hearing. Motion made by Don, second by Luke. All are in favor and the hearing is opened at 8:15 pm. He is applying for a variance to move the lot line. This will put the main house and carriage house on one lot.
Pete takes notes for the public hearing as Tami goes to the audience. Audience concerned with water and if there would be any impact. The property across route nine is what he had concern with. He has no objection. Hank wants to see the environmental form filled out on this. Jim Connolly states that water comes from Gilbert’s property to the Connolly property. Hank states that if it is pre-existing it does not pertain. Jim states that it is a new condition and the trees in the front yard died due to the difference in the flow of water from the property. Tami will incorporate Peter’s minutes into the rest of the minutes of the meeting. Hank is trying to determine how to proceed.
Minutes taken by Pete: Chris would like to move the lot line to within 3.5 feet of an accessory building. Mainly a grain silo. The lot line would contain septic system and well.
1. Jim Connolly says that the house in question should not have been sold
2. No real septic on Gilbert property
3. There is a well on Gilbert property
4. Tami Connolly says silo in question should be removed and then there would not be a need for a variance to the lot lines.
5. John says there are too many things going on at this property
6. Hank says we would like to see this property come into compliance
7. Wood stove in one of the silos
8. Wants to be able to sell carriage house and toll hose
9. Jim C would like to see the property in compliance because it is all one owner right now
10. Hank says we can put conditions on the existing property with the house and septic and well separated.
11. John says there are too many accessory uses that are not related
12. The reason for the lot line adjustment is to be able to sell the toll house.
It is discussed by several people that a person named Bruce lives in one of the silos. Chris states he will ask him to leave. Jim C asks what and where are the well and septic for the cabinet business in the rectangular building. He said that there is a septic. (it is not known if it is in compliance or to code) and that the water is fed from the well on the carriage house yard. This would mean stopping the water feeding to this building or the same issue would be happening in reverse. Chris states he could run water from the barn but the well is capped off and has never been used. Hank asks for a motion to close the public hearing. Pete makes the motion, Don seconds. All in favor. Don yes, Pete yes, John yes, Luke abstain, Hank abstain. The public hearing is closed at 9:11 pm. The environmental form was not done.
Hank opens the regular meeting at 9:11 pm. There are two applications tonight. One from Colin Brown.
Colin presents his application for a special use permit for a home occupation and building for Storage of equipment. There was an interpretation done previously. The property can have three employees or less.
The location is at 73 Trout Creek Road. Hank asks for a check for $500 and the application fee of $75 for a special use permit. He provides a check in the sum of $575. Hank asks if the application has been reviewed as complete. It is according to the board. Hank asks for a motion to accept the application. Luke makes the motion and Don seconds it. A public hearing will be scheduled for the next meeting, June 22nd at 7:30 pm.
New Business, schooling for Land Use training. This has been handed out to the board members.
The board discusses the Jantzen application. There is no objection. All seems in order for the ground mounted Solar. Roll call. Don yes, Luke, yes, John, yes, Pete, yes, and Hank yes. All are in favor. Tami will send out a letter of approval to grand the permit.
Bill Cole application the board discusses. Are the two uses really one use as they are related. The board does believe that this is one principle use for this property. John said that he will provide an engineer report on the septic as suggested by the County Planning department. This will be a stipulation. The previous use of the building in the SEQR. The board needs more data and will table the issue waiting for a letter from his engineer about the septic and review of the town’s records.
Hank asks for a motion to accept the minutes of the last meeting. John makes the motion second by Don. All are in favor and the minute are accepted as read.Due to lack of available board attendance available on June 22