Clermont Zoning Board of Appeals
1795 Route 9, Clermont
Germantown, New York 1526
Regular meeting of the ZBA 2/28/13 WITH CORRECTIONS
Members attending: Hank Himelright, Chris Nolan, Pete Cichetti, Luke Kunburis, and John Rusconi. Kris Gildersleeve is in attendance as the alternate member and Bob Desmond representing the Town Board.
The meeting opened at 7:30 pm with a salute to the flag and a moment of silence for Bruce Unson.
Old Business Minutes of the October meeting- Peter spoke about having requested something to be added to the minutes, but decides retract his request. John makes the motion to accept and Chris seconds it. All are in favor and the motion is carried. December meeting minutes are accepted with the correction that Pete was not in attendance. Chris makes a motion, Hank seconds and all are in favor and the motion is carried. There was no January 2013 meeting due to lack of business. The application night schedule is updated and distributed to the board members. Hank stated that there will be training on SEQR at Columbia Greene Community College. He will attain the details. Tami hands out a training flyer in case anyone wants to participate. New Business Bob Desmond addresses the ZBA with rules that now pertain to an attendance of more than two meetings in a calendar year by a Board member. If the person misses more than two meetings, their pay will be reduced by $100 per month starting with the third month. Pete mentions that Bruce was appointed to the board and missed many meetings due to work conflict. What would happen if you have a change in job responsibilities during that time? How will this be handled? Bob states that if there is such a conflict, the member should go to the Town Board and resign. Bob brings up from the Clermont Zoning law, the reference to fill or depositing of substance. He also refers to the page that mentions the rules of removal of substance and the need for a permit to do so. There are no exceptions for filling or removal. This was either a mistake or oversight, since this would mean that a resident would be required to attain a zoning permit to put in gravel or fill a pot hole in a driveway. Bob wants this to be amended with some corrections. Chris Nolan has also offered some considerations. The plan is to introduce this at the Town Board meeting so that they are aware and then to have the town attorney look it over and reviewed by the April meeting and then to have a public hearing at the May Town Board meeting. Hank would like to review the old Zoning Law in order to compare the two and see what the changes were. Bob reviews the content of the Zoning Law with regard to mining. He reads # 8 out loud and the board discusses it. Bob hands out a portion of the law that refers to the building inspector issuing a zoning permit. Bob hands out a second hand out that refers to the Clermont Fee Schedule and a hand out regarding filling or depositing. Both handouts are attached to the minutes for the file; the board members already have been provided with copies. Hank brings up outdoor wood burning furnaces. He discusses the laws or lack of laws regarding outdoor furnaces. Pete has a neighbor on 9G with 30 acres and acreage does not matter when the smoke goes up and across the street. Perhaps there needs to be a way that the wood furnace would be required to have a stack that is high enough for the smoke to raise high enough to not be intrusive. Bob discusses a seminar that took place about wood burning furnaces. They said it should be by permit, there should be set backs and a regulation on the height of the stack and that no garbage should be burned. Hank states that he feels that these are some things that need to be considered. It is difficult to outline regulations as each situation can be different. Kris G talks about the impact on neighbors and what could be done to remove the smoke or better direct the smoke. Bob asks if someone would be willing to volunteer to put together information on wood burning furnaces. Hank says that he may have some information from DEC and may be able to contribute. Chris Nolan brings up the concern that there has been regarding definition of storage buildings that is listed on the table of storage uses on page 26. It was brought to the board by a town residence that he believes there is a difference between storage units and mini warehouses. There may come a time for the need for an interpretation of this by the Zoning Board. Pete asks if there may be a need for the three town boards to meet and discuss the "storage unit" description. Bob is acting as the go between representative in order to gather information and contributions regarding the Clermont Town Zoning Laws as well as the Clermont Planning Board. Bob is noting some suggested definitions to present to the Town Board to take into consideration to be amended to the current law. Pete brings up again that he feels it would be good to get the boards together to discuss the different things going on in the town in order to discuss them together. Chris N. said that he thought that has already been discussed and was agreed to happen, but has not happened yet. Hank asks if there is any other business. There is none. Hank asks for a motion to adjourn the meeting. Pete makes the motion to adjourn and John R. seconds it. All are in favor and the meeting is adjourned at 9:02. Respectfully submitted, Tamera Connolly, secretary