Clermont Zoning Board of Appeals
1795 Route 9, Clermont
Germantown, New York 12526
Tousey Public Hearing 10/24/12
Members attending: Hank Himelright, Chair, Bruce Unson, Chris Nolan, Pete Cichetti and Luke Kumburis
Hank opens the public hearing for Tousey’s Winery- request for increase signage. The meeting is opened at 7:30 pm. There is a motion to open from Chris Nolan and second by Bruce Unson. The public hearing is opened with a salute to the flag followed by a moment of silence for Charles Larsen.
Ray Tousey submits a check for the application fee.
Chris Nolan asks that as an abutting land owner, he has no opposition to the change in signage Chris would like this to be placed in the minutes for the record.
The board reviews the application regarding the change in signage. Pete asks to review the sign regulations on the property. Pete is concerned that if the board approves an increase in the size of signage, it will set precedence for others. Bruce said that this has already been done at the site of the Old Welcome Inn. Ray explains his understanding of how zoning in towns handle the control of signage in their towns that are or are not approved and what the standards are case by case.
Hank feels that every time that a variance is approved it is precedence. The Tousey property is 80 feet over the 24 foot allowance already. Bruce asks if someone paints on the side of the building is it a sign? Yes, it is. Pete says yes. Chris asks if there is any ordinance on public art. The board members discuss what outlines what a sign is and what is art? It is mentioned that Lavern’s property mural is pre-zoning. Bruce states that Charlie had a lot that he had planned to mention at tonight’s meeting. He was going to provide a presentation. Hank says that it was related to farming/agriculture. Hank mentions that advertising goes with business. Hank feels that in recent years that has been a change in business advertising.
Bob Desmond mentions that as a member of the public that this amount of overage on the signage is attractive, but if it is granted and then it is changed, it has already been approved for the size. Luke thinks that it may be needed since the building is so far off the road. The billboard with have less wording as it is only wording on the winery building.
Hank asks if anyone else has any input. There is none. Hank asks for a motion to close the public hearing. Luke makes a motion to close, Chris seconds it, all are in favor and the public hearing is closed at 7:49 pm.
The regular meeting of the ZBA is opened at 7:49 pm. Hank states that the county planning responded with no opposition.Hank completes the environmental assessment form. It has a benefit on the town master plan- statement by Chris Nolan. Hank asks for a motion to make the ZBA be the lead on this. Pete seconds. All are in favor and it is approved. Hank asks for a vote on the SEQR form. Chris makes a motion to accept the form, Bruce seconds it. All are in favor and the form is complete and the motion is carried.
Hank asks for a motion on approval of the requested variance to increase the square footage of signage. Chris states that he feels it is in accordance with the master plan of the town. He thinks that it should contain the condition that if the use ceases the signage is not grandfathered beyond this use. Pete feels there should be a square footage quantity approved to be included. Pete feels that there should be a stipulation as to what amount he is allowed to have. It does not mean that it has to be exactly what he has asked for. Hank understands Pete’s points. He felt that these things were already discussed at the workshop. Pete wanted his opinions to be known. Hank does not agree that this sets precedence. Pete suggests that Hank researches this more. He suggests going to the county and taking an extra month. Pete makes a motion to wait one month to and do further research. Chris seconds the motion. Not all are in favor and the motion did not carry.
Bruce makes a motion that since this is in accordance with the town master plan in terms of promoting agriculture, it should be accepted and not seen as setting precedence. Hank seconds the motion. Roll call vote– Bruce votes yes, Chris votes yes, Hank votes yes, Luke votes yes and Pete votes no and the motion is carried.
Hank makes a motion to accept the minutes of the last meeting. Bruce second and all were in favor. The minutes are accepted as submitted.
Tami will send out the letter of approval to the County Planning Dept, the Clermont Town Planning and the John Feiser, Building Inspector and ZEO.
Hank asks if there is any further business. There is none. Hank asks that the board makes every effort to attend their assigned application nights. Luke will need to be added to this schedule once he is made a permanent member of the Clermont Zoning Board.
Mary Helen Shannon asks that all documentation for proof of training of classes attended by zoning board members, be submitted to her.
Hank asks for a motion to adjourn the meeting. Bruce makes a motion and Pete seconds it. All are in favor and the meeting is adjourned at 8:30 pm.
Respectfully submitted,
Tamera Connolly, secretary