CLERMONT PLANNING BOARD
PUBLIC HEARING
JULY 11, 2012
The Clermont Planning Board held a public hearing on Wednesday, July 11, 2012 at 7:30 P.M. at the Town Hall. Those in attendance were Chairman Laurence Saulpaugh,
Clayton Andrus, Thomas Jantzen, Robert Queirolo, Aldo Dusman and Brenda Case. Jennifer Phillips was absent. There were seven neighbors of the applicants present, as well as George Schmitt, Town Engineer and Andy Howard, Town Attorney.
A motion was made to accept the June minutes by Clayton Andrus, seconded by Tom Jantzen. All in favor. So carried.
A motion was made by Clayton Andrus, seconded by Tom Jantzen to close the regular meeting and open the public hearing on a Site Plan Application by Gautam & Sujata Sethi: 34 Quail Lane, Tax Map ID#191-4-2-19.
The Sethi’s have been operating a day care center in their home on Quail Lane, which is a permitted use in the Hamlet, but had never applied for site plan review with the Planning Board. Clayton Andrus and Jennifer Phillips made a site visit to the Sethi’s home on June 21st. Clayton reported on the visit that the home is placed away from any other property, it is fenced in and that there is ample room for cars to pull in and drop off children, without having to back out onto the road. There are propane tanks, which are in a wooded area and appear to be off the neighboring property by the required ten feet. The Chairman stated that the Sethi’s have the proper NYS certification to operate a day care facility. There is a deed restriction on some of the parcels in the development, but this lot is not impeded by the restrictions to operate a home business that is allowed by zoning.
Neighbor, Mr. Briggs, cited the deed restriction pertaining to home occupations and this lessens the value of his property. Mrs. Briggs stated that the day care is permitted to have a total of twelve children, age six weeks to twelve years, and four additional school-aged children. The Bathricks were concerned about cars parked along the road and additional traffic. The board determined that there are no restrictions to parking on the road.
The Chairman asked for our attorney’s opinion on the deed restriction. Andy Howard said that as cited on the deed restriction this activity does comply with zoning. In this care there is nothing for a day care operation that would be deemed noxious. This is a permitted use within the Hamlet district, and from a legal standpoint, this use is not noxious.
Board member Brenda Case stated that any home occupation would bring traffic into the area. There are two types of home occupations, a minor home occupation conducted only by the family and major conducted by the family residing in the residence with no more than three employees.
Board member Robert Queirolo said that there is no doubt that this is permitted occupation under our zoning. Mr. Briggs said so it doesn’t matter about value of property or that they did not go through the proper procedure. Robert Queirolo said that the applicants are going through the procedure to correct this after it was brought to their attention. He also asked the attorney if this deed restriction was filed. Andy responded that it was recorded on 5/8/2001 at the Columbia County Clerk’s office. He also explained that by filing deed restrictions, it covers certain rights or what is permitted and not permitted for such things as satellite dishes, metal buildings, etc. and deal with home value. This provides a protection to the buyer and owners of other parcels.
Mrs. Barraco, whose husband developed the subdivision, does not think this is fair to the residents, they should not be able to just do what they want. Her husband had a particular idea and that is the reason for the restrictions. She did say that the Sethi’s property is impeccably cared for and their business has a value to the community.
Mr. Briggs stated that the daycare is 400 feet from their house, and he would not have paid $400,000.00 for a house, knowing that there would be a daycare. Board member Brenda Case stated that the home business was allowed, and asked the Briggs if they knew the restrictions when they purchased. They stated that they were aware of them. Brenda said the restrictions do allow for a home occupation. Board member Clayton Andrus said he feels that they all knew when they purchased. Day care facilities are traditionally done in people’s homes.
Mr. Briggs asked if the vote on this could be postponed so that he can bring his lawyer to the next meeting. Andy Howard said that the board has that option and could adjourn giving the public time to provide any further comments and the board vote within 62 days. If all notifications have been made and all information has been discussed and supplied by the applicants, the board can vote on this matter tonight.
Another woman stated that she is a resident of Clermont and her child attends the day care and you could not find better caregivers than the Sethi’s.
Robert Queirolo asked if there is anything that the parties could do to compromise? Mr. Briggs stated that their site is beautiful and the daycare is lovely, but that he has been told by real estate people that the property value is down because of the daycare.
Mr. Sethi stated that they have been stressed about this and are doing everything that they have to do. The State of New York does consider this a home occupation and they did apply for the state permits before opening the day care. He does not see why this should be delayed because they have followed all the rules. Mrs. Briggs asked if they have paid their taxes all these years. Andy Howard stated that there is a Zoning Enforcement officer to handle infractions and the Assessor’s Office to handle the assessment concerns.
Brenda Case and Robert Queirolo think we should move ahead and vote. The public can do whatever they feel they have to do, get an attorney, see the Assessor, etc.
A motion was made to close the public hearing by Tom Jantzen, seconded by Brenda Case. All in favor. So carried.
CLERMONT PLANNING BOARD
REGULAR MEETING
JULY 11, 2012
The Clermont Planning Board held its regular meeting on Wednesday, July 11, 2012 following the public hearing at the Town Hall. Those in attendance were Chairman Laurence Saulpaugh, Clayton Andrus, Thomas Jantzen, Aldo Dusman, Robert Quierolo and Brenda Case. Jennifer Phillips was absent. Also present was Guatam and Sujata Sethi, Bob McCarthy, Robert Zimmerman, Kenneth Migliorelli, William and Claudia Teubl, George Schmitt, Town Engineer and Andy Howard, Town Attorney.
Gautam & Sujata Sethi: 34 Quail Lane, Tax Map ID#191-4-2-19 applied for site plan approval for a daycare facility, which they operate from their home. A public hearing was held previous to this meeting.
A motion was made by Aldo Dusman to approve the site plan application of the Sethi’s. The use is permitted in the Hamlet with site plan approval by the planning board. A site visit was done and found the site is a distance away from other residences, fenced in and there is ample room for cars to pull in and turn around. The applicants have met all the requirements, they are good neighbors, and their property is well kept. The deed restrictions were reviewed and provide for a home occupation as allowed by zoning, the State of New York has licensed their facility. The public was given ample time to make their comments. Also Dusman stated that this is America and if you work hard you succeed.
The motion was seconded by Tom Jantzen, who also added that if there are further sales of lots in this subdivision, there could be an additional increase in traffic. The motion was passed unanimously.
Robert Queirolo asked our attorney if town law supercedes state law in this case. Andy responded that if this use is typically considered a home occupation and if the town were to say it was not, it would be at the town’s peril to do so.
SEQRA: After review of the SEQRA form a motion was made by Clayton Andrus to declare a negative declaration, seconded by Aldo Dusman. All in favor. So carried.
Kenneth Migliorelli: County Route 6 – Tax Map ID#191.-1-1-32
Robert Zimmerman, Surveyor approached the board with Mr. Migliorelli regarding subdivision of a 5.63 acre parcel on County Route 6. He would like to subdivide two acres with the cold storage building and have 3.63 remaining. He is proposing purchasing a 50-foot right of way at the rear portion of Sean Gillards property to gain access to the 3.63 acre site from Apple Valley Road because access from Route 6 would be through lands that are wet. He is also trying to negotiate ownership for an easement to Apple Valley Road from Edward DeWitt. The road frontage has to be fee ownership for a bank. He was told that he will need approval from the Department of Health for septic and a Driveway Permit from the town on Apple Valley Road. The applicant was given a subdivision packet.
FAYE WERNER: 382 Nevis Road – Tax Map ID#191.1-1-19.1
Bob McCarthy, representing Faye Werner would like to purchase two acres out of 99 acres from Mrs.Werner on Nevis Road. He currently resides on the property. He does not believe that the entire property has been surveyed. There is a septic system but no well, the water comes from the farmhouse. He will get a surveyor and return to the next meeting. When he notifies adjoining landowners, he would have to notify all around the entire 99 acre parcel.
DR.AND MRS. TEUBL: 92 Nevis Road – Tax Map ID#191.-4-1-24
The Teubl’s have reapplied to the ZBA for a special use permit for a doctor’s office in the garage on their property. There was discussion about the site distance from their driveway and ways to remedy it. They were given an application for site plan review. The fee is $75.00. The board will make a site visit on July 17th at 7:00 P.M.
As discussed at the last meeting, Bob Corey merged two parcels without coming into the planning board for a lot line change. This can be done but probably won’t accomplish what he wanted, which is to merge the parcels for the tax rolls, according to our attorney.
A motion was made by Clayton Andrus, seconded by Tom Jantzen to adjourn at 9:15 P.M.
Respectfully submitted,
Mary Helen Shannon
Planning Board Secretary