Clermont Zoning Board of Appeals
1795 Route 9, Clermont
Germantown, New York 12583
July 27, 2016
Hank opens the meeting at 7:30 pm with a salute to the flag.
Members attending: Hank, John, Don, Phyllis, Luke and Pete
Public Hearing for applicant Raymond Danielewicz location Turkey Hill Road. Convert barn to residential building. Property is owned by Russel Sharp.
The letters and return receipts for neighbors are submitted. Hank asks for a motion to open the public hearing. Don makes the motion, Pete seconds it and all are in favor and the hearing is opened at 7:30pm.
The building is an existing structure that they want to make into a one family residence and live there. The board reviews the map. There has already been Department of Health approval. Pete asks if this is in the Roe Jan Corridor? It is, but, not in the flood plain. Hank states that there is an addition facing the road on the barn. They are applying for a variance. There is just one building with an addition on the building. The building was built in the 1800’s. Hank asks if there is any public comment. There is none. Hank asks if the board has any other questions? The town highway superintendent suggests there be no front entryway due to how close it is to the road. No low windows either. There would need to be conditions on the variance. The BOH is only approved for the house. There is one septic for the sixteen-acre parcel. The board has no other questions. There is no need for SEQR. John makes a motion to close the hearing, second by Luke. Roll call vote: don yes, Pete yes, Luke yes, John yes. All are in favor and the meeting is closed at 7:43 pm.
Hank opens the regular meeting at 7:44pm. Luke made a motion to accept the minutes of the last meeting as presented. Don seconds the motion and all are in favor and the minutes are accepted.
Application for an interpretation for an auto repair shop in Bill Cole’s property on Route 9G. Pete will review the application. We need a check for $100 for the application fee and $200 for escrow. William Cole check number 1426 is presented. He is applying as an accessory use. We will need Clermont Planning Board approval if the application is accepted and we hold a public hearing. We have no copy of the Board of Health approval and DEC There is one and it will need to be attained from the Planning Board to go in this file. We need two copies of the map. Hank asks if there are any questions. There are none. Luke makes a motion to accept the application, Pete seconds it. All are in favor and the application is accepted. A public hearing will be held at 7:30 pm on August 24th. Pete asks if we need to get County Planning approval. Hank states that we do not.
Loveland site on Route 9 G, Hudson Solar. The ZBA is the lead agency. We will deal with what we have in front of us right now. Notify County Planning and Town Planning board that we are the lead agency. There is a scheduled combined hearing August 10th at 7:30 pm. Tami will do this. Hank will request a site visit to be done be some of the members between the ZBA and the Town Planning Board. This needs to be done before the 10th.
Hank states that Chris Gilbert got his variance granted with conditions to have no violations. Hank spoke with John Fieser and he has gotten rid of one violation and we are waiting on the second one. In the past zoning issues in noncompliance, we have tried to be neighborly and work with people and we are no longer doing that. John is not going to violate him at this point. Hank states this is forcing the Town Board to amend the Zoning Law. Hank is asking for input / feedback from the board members with regard to
Chris Gilbert having violations currently. Hank says he fixed one and is working the others. Hank wants to know what the board wants to do. Luke stated that he has had a long time to work on this. Phyllis is concerned that the zoning laws are not refined enough. Hank states that this is forcing the issue. Hank asks if the board wants to make a written recommendation to Site him for the violations. The board members feel that this is what they want to do. They will give a 60-day notice to remedy the violations. Hank asks for a motion Pete makes a motion that we send a letter to John stating that he should site Chris Gilbert for his violations and that he should have 60 days to comply. John seconds the motion. Don yes, Phyllis yes, Luke no, John Yes, Peter yes. Tami will type the letter to John and send a copy to Ray Staats.
Fire Chief, Fred Gooderham is concerned about the people living in the silos and the fire hazards that come with this. Hank states that it is not the board’s charge and we are trying as a board to inform the ZEO. The situation now needs to be improved and corrected. Hank explains the standing that the ZBA is in. The ZBA will send a second letter to the ZEO. Don makes a motion and Luke seconds the motion that a letter is sent to notify that the Clermont Fire Chief has concern about the people living in the Silos. Tami will send the letter. All are in favor. Phyllis feels the it is coming to the time that the Board needs to keep in mind what is good for the community. The fire chief has spoken to the person living in one of the silos and he told him that he lives there. There have been fires there in the past. (non-reported burns)
Discuss Turkey Hill property application: Pete feels that the applicant that wants to convert the old barn to a residence is great. Phyllis and Don feel it is positive as well. There will need to be conditions that were suggested by the Highway Superintendent. The board feels that there are 16 acres, therefore, they do not need to put a no sub-division. John accepts the two variances, Pete seconds. All are in favor. Roll call vote. Don yes, Phyllis yes, Luke yes, John yes, Peter yes. The variances are granted. Tami will send out notifications.
Hank will not be at the August meeting. Pete will be running the meeting.
Bob Desmond states that they are gathering feedback with regard to solar panels. The Zoning Law is not clear and the board wants to clarify and add solar panels as a use for commercial use. This will be a topic covered at the town board meeting in August. Bob would like to see more clarity to what is allowed and expected. There currently is no mandate for screening. It would be nice to see this included. Greater setbacks are also something that Bob would like to see included. Pete suggests that it may be a benefit to have the power company there. Hank asks if the board can address multi use commercial use at their next meeting as well. Hank asks if there is any other discussion. Pete took his info to the planning board.
Hank asks for a motion to adjourn the meeting at 8:50 pm. John makes the motion, Pete seconds it. All are in favor and the meeting is adjourned.
Respectfully submitted,
Tamera Connolly, secretary