Clermont Zoning Board of Appeals
1795 Route 9
Germantown, New York 12526
March 22, 2017
Hank opens the meeting at 7:30 pm. The meeting starts with a salute to the flag.
Members attending: Hank, Pete, John, Luke, Don and Phyliss
Hank asks if anyone has any additions, corrections or omissions to the minutes of the last meeting. Pete makes the motion, Don seconds it. All of them are in favor and the minutes are accepted.
Todd Delgadio application for the building a house and barn on his property on County Route 19. The planning board did a site review. We have a recommendation from the planning board. We will schedule a public hearing for April 26th at 7:30 pm. Hank reminds him that he needs to send out the letter to the surrounding neighbors within two weeks prior to the public hearing.
Bill Cole approaches. Hanks asks if the board is ready to interpretation of the Kimlin application. Luke does not see anything written that denies it within the three acres. Don asks if it is still three-acre zoning. It is in RLB3 states Hank. There is enough acreage. This is going under wholesale store category in our Zoning Law. Hank has a question about the actual store. It is 50/50 per what Hank has looked up. They sell to the public, but, there will be no actual store. Our zoning started in the 70’s. Hank is not exactly sure if it falls within the two historic districts or not. County planning will also have a say. This board has to look at how this board interprets the mean and descriptions within our law. John states that it is not specified and therefore it is not permitted. Phyliss has a statement. She knows where the property is and this property is in a residential area. Having propane tanks on that site would change the look and use of that property. It already has one use. The definition of a store would still not be a use that this is zoned for. This is her opinion and the reasons she has this opinion. She feels the garage is different. Hanks asks if anyone has read the comprehensive plan. In conclusion of the comprehensive plan the intent is to continue the agricultural looks and to be careful to maintain our status as far as agricultural and aesthetic. Pete also does not feel that the propane tanks are appropriate for this site. It borders the scenic area of the Hudson. Hanks asks if there is any other discussion. Hank asks for a role call vote Don -yes, Luke yes, John- No, Peter No, Hank- No. Motion carried.
Phyliss has a question. She has read the Zoning and can’t find the area that states that you need a minimum of two acres to build on. Hank states that it is in resolution. It is an insert. Bob Desmond states that it is on a chart that shows that it changed from one acre to two acres.
Peter Cichetti approaches. He is speaking about the wedding venue. He was at the planning board meeting last night. Peter has maps of the property and the proposed venue. The planning board asks for
many things to be put on the map. Roads, parking (even though they will not have onsite parking) and there is also a road connecting to the parking lot as requested by the planning board. There is lighting on the barn. There are hours of operations listed and months of operation and occupancy. They need the DOT and BOH. Those are the two outstanding items. The man from the BOH wants to see the accepted application before he will look at this. Peter is requesting a letter to go to the BOH stating that the board is holding a public hearing. Many of the board members have already been to the site to see it. We cannot schedule a public hearing until this is complete. This board could send a letter to the BOH as a final piece. Send the letter to the attention of Michael DeRusio. Other venues in town did not have this as they were existing before they came to the ZBA.
Hank asks for a motion on the board sending a letter to the BOH that the application is conditional. Phyliss, Luke second it. All are in favor and the board will send the Board Of Health a letter.
DOT said to get an engineer to send a letter to them. Peter will get the letter from the DOT.
Planning board is the lead agency for this if we accept the application.
New Business: There is a map training seminar.
Hank asks if anyone has any other new business. Pete asks about sore spots in the town and can the board try to identify them during the meeting that can go to the Zoning Enforcement Officer.
The board mentions: Pinho, Chris Gilbert, Migorelli has a second use on their property, another parcel has a trailer on cemetery road is supposed to have been be removed. The burned building on the corner of Route 9 and Pleasant Vale Road.
Hank asks for a motion to close John makes the motion Luke seconds it All are in favor and the meeting closed at 8:25 pm.
Respectfully submitted,
Tamera Connolly, secretary
Amendment: The propane tanks would create an industrial park needs to be added to these minutes.