Clermont Zoning Board of Appeals

1795 Route 9, Clermont

Germantown, New York 12583

June 15, 2016

Hank opens the meeting at 7:35 pm with a salute to the flag.

Members attending: Hank, John, Luke, Tami and Phyllis

Hank asks for a motion to open the public hearing for Colin Brown for a special permit. John makes the motion and it is second by Luke. All are in favor and the public hearing is opened at 7:35 pm. He is asking for a home occupation permit and to build a pole barn to be used for storage for his dump truck. We are waiting for a recommendation from the Clermont Planning Board. Hank tells the applicant that the board has 62 days to make a recommendation on this request. Hank asks for public comment. There is none. Hank asks for a motion to close the public hearing. John makes the motion, Luke seconds it. All are in favor and the hearing is closed. The check for $25 has been submitted. Roll call, all are in favor.

Hank asks for a motion to open the regular meeting. John makes the motion and Luke seconds it. The meeting is opened at 7:39 pm.

Raymond Danielewicz provides a map and is requesting to apply for two area variances. The request is presented to the board. The location is 95 Turkey Hill Road. This is a preexisting structure to make an existing barn into a residential building. Hank asks for a copy of the deed. Hank asks for a motion to accept the application as complete. Hank made the motion, Luke seconds and all are in favor. The motion is carried to accept the application. Hank asks for a motion for a public hearing to be held at next month’s regular meeting. John makes the motion, Luke seconds and all are in favor. The motion is carried.

Hudson Solar- application for Dennis Loveland for ground mounted solar panels. The property is at 3847 Route 9G. This will require a recommendation from the County Planning Board and recommendation from the Clermont Planning Board. Hank is going to suggest a joint public hearing with the ZBA and the Planning Board. He states that this will be in the back portion of the lot and will have screening. Hank asks if there are any questions. There are none. He asks for a motion to accept the application. John makes the motion, Luke seconds. All are in favor that the application is accepted. The board reviews the application submitted. Hank asks if the board can get some digital photos of what this would look like. Hanks asks for a check in the amount of $100 for the application fee. The check is submitted. Hank asks for a motion to plan a public hearing for this application. Phyllis makes the motion, Luke seconds. All are in favor and the motion is carried. A public hearing will be scheduled with the Planning Board once communication with County Planning and Town Planning can take place. Hank will also be in touch with the town attorney and get back to Jesse Cutair with a definite date for the Public Hearing to take place.

Hank asks if everyone has reviewed the minutes and if there are any omissions or corrections. There are none. A motion is made by Phyllis to accept the minutes as presented and second by John. All are in favor and the motion is carried. Chris Gilbert is not moving forward at this time since he is currently not in

compliance. Hank wants to vote on the variance contingent on him solving the violations and would not get the permit until the violations are corrected. He admitted to having multiple uses and John has not violated on the non-conforming uses him on these. Luke wants to know how we will know if these things are corrected. Luke wants to know if and how things are determined if grandfathered in. Hank states that the use of a shop is not the factor it is that he is renting out to multiple businesses without permits. Phyllis states that there are many issues there and the house is being restored and beautiful, yet there is an obligation to set some standards. She has had multiple people complaining to her about this property. Luke wants to be sure that we consider the town’s interest as well. Phyllis feels that the board is trying to do the correct thing. She feels that with Hank’s leadership the town has tried to work with Chris to bring him into compliance and correct the wrongs at the same time. John wants to know if the board should send a letter stating that there are more problems there and list what they are. Hank states that the town needs to clean up the mess together with him and make it clear what needs to be done to be in compliance. John states that the septic and well are from opposite property. This can be stipulated but would need to be all outlined. Phyllis makes a suggestion that with the amendment the attorney stipulates all that is discussed to be sure that everything is legal to protect the town. The board has 62 days to make a decision. Hank states the violations need to be addressed. Hank asks for a roll call vote to grand his 303 foot variance under the conditions that the current non-conforming uses be permitted are cleared up and upon completion of complete compliance the board will grant the variance under conditions that all current violations are brought into compliance and conformity. John has not sited any violations there. Hank asks for a motion. Luke makes the motion, John seconds it. Roll call vote. Hank yes, Phyllis yes, John yes, Luke yes. Tami will send letters of this decision to Planning Board, Building Inspector and the Town Board with a notation to the Town Board to update and request that the Zoning be updated and clarified.

Billy Cole is not happy and did not come to our meeting tonight. He has a secondary use on the property. The board would be allowing a secondary use. He could come back and ask for a secondary use permit. We will not be doing anything with this application at this time. John asks if the accessor makes comments to violations when noticed. If this happens does a letter go to the Zoning Enforcement Officer.

Phyllis makes a suggestion that it should be a focus to look at overall updating and clarification of the zoning law for Clermont.

The board completes the SEQR form for Colin Brown. Phyllis reads it to the board and the complete the answers. Hank ask for a motion to accept the SEQR form as a negative declaration. John makes the motion, Phyllis seconds it. All are in favor and the motion is carried.

Hanks a vote to grant the special permit to Colin. Phyllis makes the motion, Luke seconds it. All are in favor by roll call. Hank yes, Phyllis yes, John yes. Tami will send a letter to John F. and Colin that the special permit has been granted.

Phyllis makes a motion to close the meeting. John seconds it. All are in favor and the meeting is closed at 8:47 PM.

Respectfully submitted,

Tamera Connolly, secretary