Public Hearing - Local Laws

CLERMONT TOWN BOARD

PUBLIC HEARING

AUGUST 3, 2009

 

The Clermont Town Board held a public hearing on Monday, August 3, 2009 at 6:00 P.M. at the Town Hall on Local Law No. 3 of 2009 relative to Wind Energy Conversion Systems, Local Law No. 4 of 2009 relative to Accessory Apartments and Local Law No. 5 of 2009 relative to Solar Energy Equipment.

Those in attendance were Supervisor Staats, Councilwoman O’Neal, Councilman Jones, Councilwoman Lent and Councilman Nolan. Also present were Andy Howard, Town Attorney, Ray Jurkowski, Town Engineer and several residents.

The public hearing was opened with a salute to the flag. Councilwoman O’Neal made a motion to open the hearing, seconded by Councilman Jones. All in favor. So carried. The public notice for Local Law No. 3 of 2009 relative to Wind Energy Conversion was read by the Clerk.

Changes and Additions discussed were as follows:

  1. Page 5 – Schedule of Uses – Small WECS -Suggested adding Site Plan review by Planning Board for Agriculture or SP for both, eliminating specifying both.
  2. Page 5 – Density Control Schedule – Maximum height for RA – Up to 199 feet for Agriculture should be added to the density schedule.
  3. Page 8 – Number 4 – add after small WECS ‘for footing and structure’.
  4. Page 14 – Number 2 – discussed escrow requirement for boards – change to read ‘the applicable Town reviewing agency’ NOTE: Review Local law giving authority to boards to require escrows.
  5. Page 10 – Number 4a – Change to one (1) and two (2) acres.
  6. Page 10 – Number 4b – Change to three (3) or more acres
  7. Page 10 – Number 5b – Add NYS Registered before engineer.
  8. Page 10 – Number 5d – Discussed limitations on output. Delete
  9. Page 11 – Number 8 – Add ‘maintenance lighting up to eight (8) feet off the ground is permitted’.
  10. Page 13 – I Maintenance and/or Performance Bond – Delete section
  11. Page 14 – Tax Exemption should be deleted so that green energy is encouraged.
  12. Page 14- Fees – remove la relative to special use permit fee.

A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to close the public hearing. All in favor. So carried.

The public notice for Local Law No. 4 of 2009 relative to Accessory Apartments was read by the Clerk. The hearing was opened on a motion made by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.

Changes and Additions discussed were as follows:

  1. Page 2 – Accessory Apartment: add or accessory structure after dwelling unit.
  2. Page 4 – C7 – Our current zoning does not require certified plans for a building up to 1500 square feet, and this local law only allows apartments up to 1500 square feet so by requiring certification would be in conflict. The question was asked how the applicant would demonstrate this. Decided that the statement was acceptable.
  3. Page 5 – Number 5 – change shall to may in first sentence.
  4. Page 5 – Number 7d – change to ‘prohibit’ the backing of an automobile onto a public roadway.
  5. Page 6 – E – 1a. Delete

A motion was made to close the public hearing by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.

The public notice for Local Law No. 5 of 2009 relative to Solar Energy Equipment was read by the Clerk. The hearing was opened on a motion made by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.

Councilman Nolan asked if the comments from the Columbia County Planning Board has been incorporated into these Local Laws and they have been.

Changes and Additions were as follows:

  1. Page 2 – Clarify whether or not to consider pole mounted solar equipment as a structure. Might be clarified in the definition section.
  2. Page 3 – Application Process – discussed engineering standards and manufacturer’s engineering certifications.

A motion was made by Councilwoman O’Neal to close the public hearing, seconded by Councilman Jones. All in favor. So carried.

Discussed fees for special permits, and Councilwoman O’Neal noted that a section from February minutes included that solar equipment meet all setbacks, be greater than 20 feet from adjacent boundary lines and include screening if necessary which should be added if not already.

Respectfully submitted,

 

Mary Helen Shannon, RMC

Town Clerk

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