Ross Fenn - Family Sweets, Route 9 William Cole - Route 9G
Joseph and Dennis Boccia - Former Nevis Deli, Route 9
CLERMONT PLANNING BOARD
JANUARY 14, 2009
The Clermont Planning Board held its regular meeting on Wednesday, January 14, 2009 at 7:30 P.M. Those in attendance were Chairman Laurence Saulpaugh, Nancy Sperry, Aldo Dusman, Robert Queirolo, Thomas Jantzen and Clayton Andrus. Garret O'Connor was absent.
Also present were Andy Howard, Town Attorney, George Schmitt, Town Engineer from Morris Associates, Ross Fenn, Joyce Shaw, William Cole, Robert Desmond and Thomas Cunningham.
The minutes were reviewed and a motion was made by Chairman Larry Saulpaugh, seconded by Nancy Sperry to approve the December minutes. All in favor. So carried.
A motion was made by Nancy Sperry, seconded by Clayton Andrus to close the regular meeting and re-open the public hearing of Ross Fenn, Family Sweets Retail store. All in favor. So carried.
FAMILY SWEETS: Ross Fenn and Joyce Shaw were present for the continued public hearing. Mr. Fenn brought in survey map of property on Route 9 as was requested. Chairman Saulpaugh noted that the survey does not show that any of the property extends into the road as some properties do. Chairman Saulpaugh attempted to talk to Bernie Kelleher of County Highway, but he was on vacation. He did talk to Dean Knox who was unfamiliar with the property. He did find out that Lisa Platti called County Highway to inquire why she was required to put in curbing on County Route 6 for her business, and it appears the Shaws are not required to. The Chairman will take the survey map and talk to Bernie Kelleher about curbing. His feeling on the Platti/Renner requirement is that they should not be required as it does not fit into that area and it is not on the main road. Also, fencing marks the Renners driveway. The Chairman asked about requiring fencing with a space, in order to keep people from backing out onto County Route 6. His reply was as long as it is on the property line and not in the right-of-way, there is no problem. We have to do something to keep people from backing out onto Route 6. Mr. Fenn acknowledged that the trees would be removed which are in the parking area.
Joyce Shaw expressed her feelings that people are going to do what they are going to do.
Discussed what they might use instead of fence posts because it is a paved lot.
Nancy Sperry asked if this would impede the handicapped parking. As long as there is room between the space and fence it should be all right.
Nancy Sperry asked about lighting in the parking area that was requested by Planning Board. Ross said there is a light at the back door, which can be adjusted so that it does shine on parking lot. Chairman Saulpaugh will take map to Bernie Kelleher. Nancy Sperry pointed out that the holes in the parking lot, which have been talked about, should be repaired. Joyce Shaw stated that the lot is black topped and there are some low spots but you can find that anywhere. The board also asked for planter barrels in the front of the store. They have planters but they are on stumps.
Joyce Shaw also has a concern about having the lot plowed if there is a fence. This should not impede anyone from plowing.
A motion was made by Nancy Sperry, seconded by Tom Jantzen to continue the hearing until next month so that the Chairman can talk to Mr. Kelleher at County Highway. All in favor. So carried.
A motion was made to open the public hearing on William Cole's boundary line change on Route 9G by Nancy Sperry, seconded by Tom Jantzen. All in favor. So carried.
WILLIAM COLE: William Cole, the applicant, is seeking a boundary line change to add 2.7 acres from a 5.728 acre parcel to an adjoining parcel of 3.032 acres with shop. Mr. Thomas Cunningham, a neighbor to the north was present. Mr. Cunningham's concern is runoff, and the probability of a stream running onto his property. The fill comes close to the lot line, but Mr. Cole said that he kept it 8 or 9 feet from property line. Chairman Saulpaugh thought it would be possible to berm it up to keep water from running down on Mr. Cunningham's property. Tom Jantzen pointed out that the applicant is only asking for a lot line adjustment at this time but in the future if he does put storage buildings on the smaller parcel he would have to go through site plan approval and this would be addressed. Mr. Cunningham is only concerned but if an engineer could take a look at it, he would feel better. The water naturally runs from front to back of property. Robert Queirolo asked if Mr. Cunningham has noticed any water now, but he has not seen any. He is pleased with the work that is being done by Mr. Cole and encourages him to get some value out of the land. Mr. Cole thinks that it is leveled so that the water would run towards the back. A condition on approval could address possible runoff, and that Mr. Cole would take care of any problem before he does anything else to the property.
A motion was made by Clayton Andrus and seconded by Nancy Sperry to close the public hearing and open the regular meeting. All in favor. So carried.
A motion was made by Nancy Sperry and seconded by Clayton Andrus to approve the boundary line change with the condition that if there is any runoff, that Mr. Cole corrects the problem before he does anything else to the property. All in favor. So carried. The Chairman read through the Environmental Assessment form and a motion was made by Clayton Andrus and seconded by Nancy Sperry to declare a negative declaration. All in favor. So carried.
There was discussion on the electric on Route 9G and how it may affect future plans for a storage building.
JOSEPH AND DENNIS BOCCIA - Nevis, Route 9 and County Route 4 (Lasher Road) - The Boccia's would like to open a pizzeria at the former Nevis Deli for primarily take out but there will be a few tables. There was discussion on the state requirements for curbing. Mr. Boccia has talked to Mr. Visconti at State DOT. Chairman Saulpaugh will speak to Bernie Kelleher at the County because it does also border with County Route 4. Our attorney, Andy Howard knows that DOT does not usually want to make a decision until the board is close to a decision. The board can look at a plan and grant approval subject to DOT approval. The state likes to see that the planning board has looked at parking, lighting, etc. Suggested that the applicants take a survey map and layout parking, handicapped parking, parking for apartments, seating, etc. and bring to the planning board next month. It was also suggested by Tom Jantzen that they have an engineer do the layout of the store and how many cars the parking lot will hold, which may help when going to DOT.
Chairman Saulpaugh introduced George Schmitt of Morris Associates, who are the newly appointed engineers representing the town.
Ackerman Subdivision, Sharon Drive - Andy Howard has met with Ray Jurkowski and Jim Potts. The road is in good shape; there is just an area at the beginning of the road where a skim coat can be applied. The town has a judgement against Mr. Ackerman so that when he sells another parcel, the town will get the judgement first. The road has been taken over by the town and is now responsible for the upkeep.
Chairman Saulpaugh read a letter from Dan Wheeler thanking the Chairman, Secretary and Planning board members.
A motion was made by Nancy Sperry and seconded by Aldo Dusman to adjourn at 8:50 P.M.
Respectfully submitted,
Mary Helen Shannon
Secretary