Clermont Zoning Board of Appeals
1795 Route 9
Germantown, New York 12526
July 12, 2017
The meeting opens at 7:30 pm. The meeting starts with a salute to the flag.
Members attending: Hank Himelright, Pete Cichetti, Don VanWagner, John Rusconi,
Luke Kumburis and Phyllis Heiko.
Hank Himelright asks if anyone has any additions, corrections or omissions to the
minutes of the last meeting. A motion to accept the minutes is made by Don
VanWagner, seconded by Luke Kumburis. All in favor. So moved.
Kimlin Energy - Kimlin Energy’s application is under the heading of “Storage Unit”.
The board discussed the interpretation of the Town Zoning for “Storage Unit”. Because
there is no exact listing for propane tanks, an interpretation of Storage Unit was
requested by Kimlin Energy. Pete Cichetti read the description of storage units. Hank
Himelright read impart the letter from George Schmitt of Morris Engineering regarding
the professional interpretation. It read as follows: The bulk storage of propane is not
consistent with the plain reading and normal customary understanding of Storage unit
as alleged by Mr. Kimlin. A storage unit commercial is more correctly understood as a
series of small enclosed spaces (lockers, garages, etc) typically rented to tenants for
the storage of goods. Adam Pierce, a neighboring property owner, raised concerns of
an explosion risk.
Motion was made by John Rusconi and seconded by Luke Kumburis for a vote to
decide if the code description fits the use for propane tanks. Question: Is it an indoor
“Storage Unit”. The role call vote was as follows: Hank-No, Don-Yes, Pete-No, Luke-
Yes, John-No.
Motion was made to not have an August meeting by Don VanWagner, seconded by
Luke Kumburis. All in favor. So carried.
Board members were given a copy of the proposed NY State Unified Solar Permit, to be
reviewed prior to the September meeting when it will be discussed for recommendation
for the Town to adopt.
There is no old business.
Motion was made by Pete Cichetti and seconded by Don VanWagner to close the
meeting. All in favor. So carried. The meeting closed at 8:25 pm.
Minutes taken by Desiree Webber