ZONING BOARD OF APPEALS
FEBRUARY 22, 2017


The Clermont Zoning Board of Appeals held their regular meeting on Wednesday, February 22, 2017 at 7:30 P.M.  Those in attendance were Chairman Hank Himelright, Don Van Wagner, John Rusconi, Luke Kumburis and Peter Cichetti.

Also present were William Corrigan, Steve King and Max Kimlin of Kimlin Energy, Phyllis Heiko and Robert Desmond. Todd DelGadio arrived later in the meeting.

Chairman Himelright opened the meeting with the salute to the flag.

MINUTES: At the January meeting a vote on the Loveland application public hearing, Luke Kumburis voted aye for the 12 foot variance and should so state in the minutes. A motion was made to accept the January minutes as modified by Luke Kumburis, seconded by Don VanWagner.  All in favor.  So carried.

The Chairman has not heard from Todd DelGadio, Four Paws Construction whose hearing had been scheduled for tonight.

OLD BUSINESS:
PINHO: 1480 Route 9, Tax Map ID#191-4-2-42 - A decision has to be made tonight regarding Manual Pinhos application for an apartment on Route 9.  He has not met all the conditions that were requested for completed paperwork and site cleanup. Does the board want to turn this over to John Fieser?  The Planning Board has not sent a letter but a decision can be made subject to a letter from the Planning Board. We could also have a member of the ZBA in charge of following up on the clean up of which some has been done. Peter would like to leave it to John Fieser to issue a letter of violation. We have to specify what is needed to be cleaned up.
Motion to give approval based on our conditions of receiving a letter from Planning Board of approval on site plan and that the ZBA requires that he meets all the requirements of our town codes as far as cleanup. Hank made motion, John seconded. All in favor.  So carried. A letter will be written to the Planning Board for a letter of approval.  A letter will be written to John Fieser about concerns of cleanup/violations.
Manual Pinho application: Luke made the motion to approve contingent on meeting the requirements of the town code and approval by Planning Board, seconded by John.  All in favor.  So carried.

MATTHEW CICHETTI: 3742 Route 9G, Tax Map ID#179-1-28.220 - Submitted an application for a wedding venue on Route 9G. There had been a hearing scheduled for March but the Town engineer and attorney would like to hold the public hearing jointly with the Planning Board.  Several members of the Planning board are making a site visit on March 3 at 11:00 AM. The ZBA will also meet at different times. The board received the initial plan revue from our engineer.

NEW BUSINESS:
WILLIAM COLE: 3541 Route 9G, Tax Map ID#190-1-3 - Represented by Stephen King and Max Kimlin of Kimlin Propane Company seeking to put a propane storage facility on a three and one half acre property on the north of his garage. The proposal is for two 30,000 gallon propane storage tanks to be placed 300 feet from Route 9G. The trucks would be filled from this location and would be parked at this location.  About every three days tractor trailers would be loaded as well. They would put in lighting, but loading at night is rare. They would also put in a pre-made shed but that would be the only building.  They would also put fencing around it and have barricades/barriers also.
The Chairman has spoken to our attorney and it has to be determined if this is a permitted use in the RLB/3 with Planning Board site plan review or if it a Planned Industrial Use requiring Town Board approval. This site is also in the Historic District.
Hank asked if DEC requires an evacuation plan or any kind. They said that every three years they are required to do a fire safety analysis. There is also a safety shutdown system on the tanks.  Chairman Himelright explained that the applicant can put in an application now and the board can proceed.  Then it may be determined that an interpretation is needed.  
Peter would like to review the information until next month. A motion was made to table this until next meeting by Peter, seconded by John. All in favor.  So carried. They will return next month.

WILLIAM CORRIGAN: 155 Shields Road, Tax Map ID#210-1-19- Requesting an area variance for a setback from Shields Road to build a garage. Because of the slope behind his house he is not able to build anywhere else. The proposed garage is 32’ x 36’.  Peter asked if there is any way they could reduce the size of the garage and thereby seek a smaller variance.  
Motion was made by Hank that the interpretation is to require a variance, seconded by John.  All in favor.  So carried. No application was submitted or fees paid.

TODD DELGADIO: 1261 Turkey Hill Road - Applying for a trailer to sit on site temporarily for six months by special permit. There was some confusion as to whether he was going to live in one of the trailers or not or if they are used for his business.  He says they are an office and a trailer for his business equipment.  Hank will ask John Fieser about what he needs and if he needs a special permit.

A motion was made by Don, seconded by John at 8:50 P.M. to adjourn. All in favor.  So carried.

Respectfully submitted,


Mary Helen Shannon
For Tami Connolly.