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Town of Clermont

The Official Site of Clermont, Columbia County, NY

Zoning Review Committee Minutes

Joint Review Meeting with Zoning Review Committee and Town Board 5/22/09

Present: Bruce Unson, Carol Lent, Clayton Andrus, Bob Desmond, Charlie Larsen, Chris Nolan, Dianne O'Neal and Ray Staats

Local Law #4 - Accessory Apt - will start first; Chris talked about having an accessory apt on his property and spoke with Charlie about it. Chris inquired about SP and Charlie reminded him they always were. They discussed the fact that this law really breaks down the fact that the accessory apt definition will help boards only have one accessory apt with each property.

Bob - ask Andy about 2. Article II Definitions and maybe replace the word Add with the word Replace? Also, why is this Local Law #4 under Section 4.18 and not 4.14? Is this okay?

Page 3 under B-1 (Permits) - What about the word "operated"? What does this mean?

Also on B-3 - what about "no individual "is this a non-specific word? Can we use another word? Maybe it could say no owner should allow it to happen?

Page 5 #8 - would like to start the sentence with "The proposed"

Mary has a question for Andy - does the word may mean "it does or does not have to be done" - is it required? Is it better to use the word "shall" instead? In the County contracts, they are using the word shall presently.

Page 6 - paragraph 4 - change unit to structure (used in the rest of the paragraph);

Page 6 - end of paragraph 4 - finish the sentence with "or partial conversion of an accessory structure".

Local Law #5 - Solar Energy - Page 3 - Ray had a question about B - Certification from design professional - engineer to stamp and certify the roof will hold the panels. Bob mentioned there are two certifications - one for the roof load/wind shear and the second for the installation.

ANDY TO BREAK UP THE SOLAR ENERGY TABLE OF USES TO STRUCTURE AND GROUND - STRUCTURE (P) AND GROUND (SP)

Page 2 - Section 4 - Facilitating - after collectors use "is" and not "are" and put a period after conservation. Regulating starts a new sentence. Put in health and welfare after safety.

On Page 4 - under "C" - Development Standards - remove #1

On Page 4 - under "C" (2) make sure to mention ground mounted 20' setback

On Page 4 - under "C" (5) mention Electrical Code separately - or all NYS Codes

Board moved to Local Law #3 - Chris had typo on page 2 - (1) delete "while" and capitalize Wind - period after Town. Its starts the next sentence and sources ends that sentence. Potential starts the last sentence.

#5 - Methodologies about #5? Can Andy explain?

Insert under Furthermore - health, safety and welfare

Page 4 - under Small Wind Energy conversation - take out 10 kw - board wanted nothing.

Also on Page 4 - Sound Pressure Level is not defined, only measured.

Page 6 - B Permits - Small should be capitalized.

Page 6 (a) - should we change "inhabitants and structures to buildings"?

State requirements from page 6 (4a) - move them to page 11 under E setback requirements.

Page 6 4(b) "submit an application" should put it in to the Planning Board (be specific). Also add per Ag and Markets Law (again be specific).

Page 7 (c) should include Engineering Certification. (right past page 6 after b).

Page 7 (5) A line drawing ... the wind tower companies should provide an engineer, etc., because the Town has no professional to review this (who makes this determination?) Liability should be on the design professional, not the Town. Make sure to include the wind tower, foundation, soil, installation, etc. The whole nine yards. Chris and other members want to be sure that there will be no open issues and that all NYS Codes will be met and certified by a design professional.

Page 9 - #5 (a) submit 5 years worth of preceding use and 10 years worth of future use?

Think time frames are too restrictive? Go to 2 year and 5 year? Wait for Public Hearing.

On Page 8 (D) 1 - will one acre work? Charlie said a 50 foot tower would work - maybe?

On Page 9 (7) - how do you demonstrate "minimizing the visual impacts on roads and trails?" Maybe take it out totally?

Possibly take out 5 (d) on page 9 - why? This does not encourage wind towers per Dianne

On page 10 (10) - who is the system operator? Is it the property owner and can we change it?

Page 11 (g) - put in "the" property line

Page 11 (i) - who holds the bond and is it for the life of the unit - take out and put some language in under "enforcement if the tower is in disrepair or falls"

NYSERDA - 80 foot tower x 1.1 + 10' (Board would like to have law to be in conjunction with NYSERDA Grant

What about light -work light possibly? Was not really addressed in Local Law or does it need to be?

Put in WECS definition in the local law?

Page 12G - decibels could be 60 and not 50?

Town of Clermont does not provide property tax exemption for clean energy - we are the only ones?

MULTI-FAMILY RESIDENCES

Charlie had changes for multi family residences - we allow one per lot currently. We don't allow for a second, only if someone subdivides. Charlie's discussion with Andy today was if we could add another Use in our Table of Contents and call it "Apt Complex". The Planning and Zoning members agree we could allow one four apt unit in the acreage zone that they are built and it should not exceed 5000 SF per building. Andy said this would be a relatively simply addition to our Ordinance.

The example is Kahle - 3-3/4 acres. Under this proposal they could build 3 buildings in a 1 acre zone. Andy suggested we give him a premium by having him cluster. Maybe the Kahles could put in all 3 apt buildings in 1-1/2 acres and leave the rest open space. However, above 4 apts the Bldg Code would change. Charlie was not sure how we could give the Kahles a bonus by clustering. The consensus is to make this change so that Kahle could continue with his application. We would like to add this with our other changes in June. This change is not only for Kahle, but for the benefit of others as well.

Carol took all the notes and left at 9:35 PM, but Bob Desmond's notes were faxed to Andy's office, along with this emailed document to be part of our Friday, May 22, 2009 meeting.

Respectfully submitted

Carol A, Lent, Zoning Review Committee

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