ZONING BOARD OF APPEALS

JUNE 28, 201The Clermont Zoning Board of Appeals held their regular meeting and public hearings on Wednesday, June 28, 2017 at 7:30 P.M. at the Town Hall.  Those in attendance were Chairman Hank Himelright, Don Van Wagner, Luke Kumburis, Phyllis Heiko and Peter Cichetti.  ZBA member John Rusconi was absent.

 

Others present were Matt Griesemer, Town Attorney, Robert Desmond, Mary Howard, Dawn Brownson, Evan Hempel, Thomas Cunningham, Ralph Arlyck, Elisabeth Arlyck, From Kimlin Energy Steve King, Max Kimlin, Mark Kimlin and Linda Kimlin, Kekey Lemp, Christopher Boden, Kelly Griffin, Charles Blum, Annie Blum, Meri Puccio and Adam Pierce

 

Chairman Himelright opened the meeting with the salute to the flag. There are two hearings to be held.

A motion was made by DonVanWagner to open the public hearings, seconded by Luke Kumburis.  All in favor.  So carried.

 

PUBLIC HEARING:

The owner of the property, Michael R. Meier, being represented by Margaret Niekrewicz of Mondello Realty and Christopher Boden and Kelly Griffin for an accessory apartment in the basement of the residence at 34 Pine Lane, which does not have the proper approval for a special permit allowing the apartment.

One resident asked if the apartment is going to be used as a rental or for family. If approved by the ZBA and the Planning Board it could be used for either. Chairman Himelright said that if approved tonight, it is contingent upon Planning Board approval of site plan.

With no other comments, a motion was made to close the public hearing by Don VanWagner, seconded by Phyllis Heiko.  All in favor.  So carried.

 

PUBLIC HEARING:

The applicant, William Cole, being represented by Kimlin Energy is applying for an interpretation of the Zoning Law pertaining to a proposal to whether propane storage qualifies under scheduled uses as “Storage Unit Commercial” as per the definition “A Commercial structure used for indoor storage of commercial supplies” on a 5.73 acre vacant lot on Route 9G.

A motion was made to open the public hearing on the interpretation by Don

VanWagner, seconded by Chairman Himelright.  All in favor.  So carried.

 

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Chairman Himelright explained that this is for the interpretation of the Zoning Law for a Storage Unit.

COMMENTS:

Mr. Cunningham asked if the previous owner is still the owner.  William Cole is the owner of the property.  He asked if this violates SEQRA by way of segmentation

Our Attorney Matt Griesemer and Chairman Himelright do not believe this is segmentation.  This is an interpretation as to whether this falls under the section of code pertaining to storage units.  The ZBA is not in the position to tell the applicant where this would fall in the zoning law.

Robert Desmond asked if these are separate parcels, and if so, would not fall under segmentation.

Adam Pierce commented that this is not a supply issue, but is a safety issue.

Evan Hempel referred to the definition of Storage Unit on Page 18 of the zoning, which states that it is a commercial structure used for indoor storage of personal or commercial goods, equipment or supplies and/or used for the maintenance of such equipment.

Mark Kimlin said that these concerns can be dealt with, but this is only for an interpretation.  He doesn’t think this is relevant and Chairman Himelright said that comments should stick to interpretation.

Chairman Himelright said that this is between the applicants opinion of indoor storage and what the definition is in the zoning.

Mr. Kimlin feels that oil and fuel storage should be addressed in the zoning.

The zoning does allow something like this in the PID on nine acres.

Linda Kimlin pointed out that in the definition of structures it includes swimming pools. 

Chairman Himelright read the section on what could possibly be considered a structure. 

Robert Desmond said that there are a number different kinds of structures, which includes even a driveway. 

Meri Puccio stated that a storage unit and propane tank is clearly different from each other.  It was said that there is a broad definition of what can be stored. 

Bob Desmond said that if you say the word storage unit, most people would say a sequence of small buildings.

Phyllis Heiko said that you can store farm equipment but it is not propane.

Evan Hempel said this would be a commercial use because you are buying or selling.  The questions for the board is it indoor, are they storing commercial goods. 

Adam Pierce commented that a storage unit is for commercial goods and supplies or to maintain the upkeep of something.

Chairman Himelright stated that our zoning cannot be that specific because their will always be something new.

Chairman Himelright explained that if we vote for this, the company will be able to put in another application, if we vote against it then that is it.

Mr. Kimlin said that the town board can later change the zoning.

Matt Griesemer said that the question is whether or not that propane storage falls under storage units. What was the intent of the definition of storage when it was written.

 

Board member Peter Cichetti read the letter from Morris Associates regarding this interpretation.

Mr. Kimlin said that this would not be a permanent stationary structure but he is corrected as the guidelines from the National Fire Protection say that it should be a permanent stationary building.

A motion was made by Don VanWagner, seconded by Phyllis Heiko to close the public hearing at 8:05 P.M.

 

The applicants were told that the board has 61 days to make their decision and will be informed.

 

REGULAR MEETING:

A motion was made to accept the minutes by Phyllis Heiko, seconded by Don VanWagner.  All in favor.  So carried.

 

OLD BUSINESS:

• The board has still not heard or received anything about violations in town.

 

NEW BUSINESS:

• The board reviewed the Short EAF regarding the Michael Meier’s application for the special permit for a basement apartment. This is deemed an unlisted action. The board recommended a negative declaration under SEQRA.  All in favor.  So carried.  Phyllis Heiko made a motion to recommend approval of the special permit contingent upon the response from the Planning Board, seconded by Chairman Himelright.

          A roll call vote followed: Don VanWagner, aye; Luke Kumburis, aye; Phyllis           Heiko, aye; Peter Cichetti, aye; Hank Himelright, aye.  Motion passed.

 

• The board discussed making a decision on the application by William Cole/Kimlin Energy for an interpretation of the zoning ordinance.  Phyllis Heiko stated that the report from Morris Associates confirms all from previous discussions.

          Don VanWagner would like to wait to make the decision, because he thinks there   is more to be read in the zoning law.  Matt Griesemer explained that an   interpretation is based on what is in the zoning law.

          Chairman Himelright said that there is one member who was not able to attend so   he suggested that we should wait until next month to make a determination.

 

          The board reviewed the zoning and the sections that refer to storage units. A motion was made by Peter Cichetti to postpone a decision, seconded by Don VanWagner.  All in favor.  So carried.

 

The next meeting will be Wednesday, July 26 at 7:30 P.M.

 

Robert Desmond told the board members that Mary Howard, a member of our Planning Board, has asked the Town Board if she can train other members of the boards if requested from the Chairs.  She is certified to instruct certain classes.

The Chairman would like to see more information on SEQRA and training about meeting procedures. The board likes this idea and it could be done during the week or on a Saturday in 2 hrs. or 4 hrs. later on in the year.

 

A motion was made to adjourn by Chairman Himelright, seconded by Peter Cichetti at 8:40 P. M. All in favor.  So carried.

 

Respectfully submitted,

 

 

Mary Helen Shannon

For Tami Connolly