ZONING BOARD OF APPEALS
SEPTEMBER 28, 2016
The Clermont Zoning Board of Appeals held their regular meeting on Wednesday, September 28, 2016 at 7:30 P.M. at the Town Hall. Those in attendance were Chairman Hank Himelright, John Rusconi, Donald VanWagner, Luke Kumburis, Alternate Phyllis Heiko and Peter Cichetti.
Others present were William Cole, Robert Desmond, Steve Bimbo and Shaun Uldrikis and Joanne Nunes of Hudson River Air Dogs.
William Cole appeared for the public hearing on the accessory use on his property at 3541 Route 9G, Tax Map ID#190-1-4 that had been adjourned, but did not have the certified return receipts. Mr. Cole was advised to send out the notices at least 12 days in advance. The public hearing was adjourned until next month on a motion made by John Rusconi, seconded by Luke Kumburis. All in favor. So carried.
The meeting was opened by Chairman Himelright with a salute to the flag.
MINUTES:
July 27, 2016 minutes: The minutes were read by Pete Cichetti. Chairman Himelright noted a correction on the Danielewicz public hearing. ‘the addition to the building is on the back of the building’ and on the application of William Cole the board ‘does not have a copy’ to the board ‘does have a copy’. Also, to remove two references to the Alternate member Phyllis Heiko voting on page 2. A motion was made to accept the minutes with corrections by Luke Kumburis, seconded by John Rusconi. All in favor. So carried.
August 24, 2016 minutes: The minutes were read by Pete Cichetti. Corrections were noted on page 1 to add that Alternate Phyllis Heiko was absent. Paragraph 2 – Public Hearing - change ‘dual use’ to an ‘accessory use’. A motion was made to accept the minutes with corrections by Chairman Himelright, seconded by Don VanWagner. All in favor. So carried.
Hudson River Air Dogs, represented by Steve Bimbo, Shaun Uldrikis and Joan Nunes submitted an application to operate a 501c.7 social club for K9 dock jumping, training and competition at the property of Ken Migliorelli at 642 Route 6, Tax Map ID#191.1-1-32. They are seeking a special permit with site plan review by the Planning Board to be able to hold the events. They are currently using property on County Route 10 in Livingston. With their application, they submitted authorization from Mr. Migliorelli, deed, short EAF, Incorporation papers, tax certificate, insurance papers and by-laws. They also submitted a site plan.
They explained that they a not-for-profit, accepting no money from the public. Members of the club pay a membership fee.
They are proposing operations from May to October. They hold a two day event on the weekend. Hank asked how many days it is used. It is used every day but only on a scheduled basis for training. They try to keep it available to their members as much as possible.
Hank will need a legal interpretation on this, because it is a residential area and it is in an agricultural area and this may be considered. If Mr. Migliorelli decided to turn the building into a clubhouse would it still be an agricultural use. The current user of the cold storage building did speak to some of the neighbors. The electrical system is the only part of the building that they intend to use for the shed that they will need for storage.
Hank stated the concern would be of barking dogs in the residential neighborhood.
Steve Bimbo said that it is very subdued and other than the dogs excitedly barking for their turn, it really is quiet. The PA system is only used for the two-day events and the music is not played loudly.
They have had the pond tested and it is a level 6. They do not accept more than 40 dogs for an event. Their may be as many as 75 people. They show 40 parking spaces for attendees and another ten for volunteers. Peter thinks that the board may have to limit how many attend. They supplied a list of adjoining landowners. There are wetlands on the property but they are not interfering with them.
A motion was made to accept the application by John Rusconi, seconded by Don VanWagner. All in favor. So carried.
Hank will contact the attorney about this application and will let them know and may possibly be able to schedule the public hearing by November.
Bob Desmond reported the the moratorium may be lifted on October 3rd after the public hearing on the zoning revisions. He told the board that they have set the side and rear yard setback at 50 feet and the front yard at 100 feet. Solar farms will now be identified as a primary use in the zoning.
A motion was made to adjourn at 8:40 P.M. by Don VanWagner, seconded by Luke Kumburis. All in favor. So carried.
Respectfully submitted,
Mary Helen Shannon
For Tami Connolly, Secretary