CLERMONT ZONING BOARD OF APPEALS

GERMANTOWN, NEW YORK 12526

SEPTEMBER 28, 2011

ZBA PUBLIC HEARING

Members in attendance: Charles Larsen, Chairman; Bruce Unson, Peter Cichetti and Hank Himelright. Others present were Walter and Patricia Hunt, Linda Sutherland, Jeff Chandler, Tyson Kreig and Robert Desmond.

The hearing on the application of Walter and Patricia Hunt for an area variance at 350 East Camp Road was called to order by Chairman Larsen at 7:30 P.M.

Mr. Hunt provided verification. He explained why an area variance is being requested. He is putting a double wide mobile home on his property on East Camp Road where there are currently two mobile homes. He has removed one of the trailers and will be removing the other, which is on a foundation. He is required to be 75 feet from Route 9G but only has 60 feet. He is seeking a 15 foot area variance. Charlie asked Mr. Hunt what the distance is to the Balaz property. He shows 35 feet from the foundation to the Balaz property. Peter asked if they will be using the existing septic system. They will be hooking into it from where the other trailer was. There were five bedrooms in the two trailers, now there will only be three bedrooms. Charlie spoke to Bruce Walston, NYS DOT and they own 50 feet from the center line of Route 9G. Mr. Hunt will have to supply a release from ex-wife because her name is on the deed, if approved for this variance. The board has not received a recommendation from the Planning Board, so temporary approval could be given. Peter asked what will be done with the old foundation. Mr. Hunt will remove the old building and put up a garage on the foundation.

Linda Sutherland, a neighbor, stated that there was a misunderstanding about the original date of the hearing, and a second notification was not made about tonight’s hearing. Mrs. Hunt did provide proof of notification, however, did not re-notify Mrs. Sutherland or Mrs. Balaz because they were present at the August meeting, and were aware of this scheduled hearing. Mrs. Sutherland stated that Mrs. Balaz would have come tonight but because she had not been notified, did not want to come if it was not the right night. Hank said that this is subjective because he spoke to Mrs. Balaz and notified her of the meeting date. Mr. Hunt will do whatever he has to do to correct this. These were the only notifications, which were not made, and Mrs. Sutherland is present.

Mrs.Sutherland said that she knows that the basement was previously rented out. Mr. Hunt said that there will be one residence and no more rental. It was stated on the original building permit, which has since been revoked, that there will only be one residence. Her other concern was that there was mention of a dog kennel, but the Hunts said there will be no dog kennel. The Chairman told the Hunts that they will have to change their parking area so that no vehicles will be backing out onto East Camp Road.

A motion was made by Hank Himelright, seconded by Peter Cichetti to close the public hearing. All in favor. So carried.

ZBA PUBLIC HEARING

The hearing was called to order by Charlie on the application for a special permit by Jeffrey Chandler at 207 Turkey Hill Road.

Mr. Chandler submitted receipts that he sent four notifications. The fifth one was not sent certified to Weinstock but by regular mail. Mr. Chandler is seeking to build a one bedroom apartment over a garage on his four acre parcel.. There is a septic with a few hundred feet of drainage and what is believed to be a 500-gallon tank. John Fieser told the applicant to have the tank pumped and he will see if it is a 500-gallon tank. Hank asked if the system had been previously approved by the Health department? The garage, which was built in 1989 as a shop, has a bathroom and its own septic system, separate from the house. This is a pre-existing system, and the health department will not approve anything, which is pre-existing.

A motion was made byBruce Unson, seconded by Hank Himelright to close the public hearing. All in favor. So carried.

MINUTES OF MEETING AND PUBLIC HEARING:

A motion was made by Bruce Unson, seconded by Hank Himelright to approve the August 24^th minutes of the public hearing and regular meeting. All in favor. So carried.

TYSON KREIG: 1223 County Route 6 – Mr. Kreig submitted an application to convert a one family house back to a two-family house. The Planning Board asked for a site plan review and if Mr. Kreig would check with the health department for permits for the septic system. A motion was made by Hank Himelright to accept the application, seconded by Peter Cichetti and set a public hearing for next month.

Mr. Kreig made out a check for $100.00 for the application. He will mail his notices by certified, return receipt requested. A motion was made by Bruce Unson, seconded by Hank Himelright to hold a public hearing on October 26th at 7:30 P.M.

A letter was received from Columbia County Department of Health regarding the application of Eric Rothstein for a special permit at 163 Shields Road to allow for conversion of a two bedroom residence to one bedroom and conversion of an existing artist studio to a one bedroom house. The ZBA asked Mr. Rothstein to get health department approval for the accessory apartment, but Mr. Rothstein asked for something other than what the ZBA requested. The Health department responded that they could not approve the bedroom expansion because the current system does not meet standards for new construction. They recommend that it be at the discretion of the town to accept the proposal. Hank asked if a CO has been issued to Mr. Rothstein. To Charlies knowledge no CO has been issued. A letter will be sent to John Fieser, with a copy to the landowner asking John not to issue a certificate of occupancy until they have a health department approved septic system for the accessory apartment. A motion was made for the letter to be written by Bruce Unson, seconded by Peter Cichetti. All in favor. So carried.

WALTER AND PATRICIA HUNT: The Chairman reviewed the SEQRA form and it was determined that this action does not impact the property. A motion was made by Peter Cichetti that we approve the SEQRA as a negative declaration, seconded by Hank Himelright. All in favor. So carried. Charlie recommends tentative approval of the application for a 15 foot area variance with the following conditions:

1. Off the street or parallel parking, no backing out onto East Camp Road, and no driveway off 9G.
2. Stay within the dimensions.
3. Release of deed by second party.
4. Planning Board approval.

Charlie feels that this project is an improvement to the property. The home will be placed on a slab with cement blocks, tie downs, etc. A motion was made by Hank Himelright, seconded by Bruce Unson to approve this application tentatively based on parking, planning board approval and release of deed. All in favor. So carried.

JEFF CHANDLER: The Chairman reviewed the SEQRA form and determined that this action does not impact the property. A motion was made by Bruce Unson, seconded by Hank Himelright to approve the SEQRA as a negative declaration. All in favor. So carried.

A motion was made to grant a special use permit by Bruce Unson, seconded by Peter Cichetti. All in favor. So carried.

Bob Desmond handed out maps of the Nevis Hamlet as proposed. By redoing the map of the town, new roads will be added on and the colors of the various zones will be changed to make them more clear.

A motion was made by Peter Cichetti, seconded by Bruce Unson to adjourn at 8:45 P.M.

Respectfully submitted,

By Mary Helen Shannon

For Tamera Connolly, Secretary