PUBLIC HEARINGS
MAY 6, 2013
The Clermont Town Board held a public hearing on Local Law No. 1 of 2013 on Monday, May 6, 2013 at 6:40 P.M. The Clerk read the public notice. Those present were Supervisor Staats, Councilman Kahle, Councilman Desmond, Councilman Hempel and Councilwoman Moore. There were ten others present including John Mason of the Register Star. This is a local law amending Section 4.14.11 of the Town of Clermont Zoning Law relative to earth filling and depositing providing for exceptions to the current section. This local law also provides an amendment to the definition of "Storage Unit" contained in Article II, B of the Zoning Law. Councilman Desmond explained the purpose of the Local Law, which relates to exceptions for filling and depositing materials. At present there are no exceptions for bringing in material for landscaping, driveways or septic systems in the zoning law. The Highway specifications allow for a driveway permit to build a driveway, but because we do not have the exception in the zoning law, you would not be able to bring in material to build a driveway or fix a driveway. Once a permit is issued to build a home, the new laws exceptions will allow fill to be brought in. For an already established home, you will now be able to bring in up to 50 cubic yards per year without the need to go to the ZBA. If you are going to use more than 50 cubic yards, you must go to the Building Inspector for a permit. This will help us insure that there is no encroachment into wetlands, for instance.
PUBLIC COMMENT:
There were questions as to whether this would apply to a large garden. Councilman Desmond said that bringing in fill for a large garden or mulch for a garden would be okay. When asked about filling of wetlands or an area, which is not designated wetlands, Councilman Desmond said that we don’t want encroachment in wetland areas and the building inspector would have to determine. Supervisor Staats said that this is the hope with the 50 cubic yard limit, that if there are any large amounts of fill coming in, someone will be able to look into it. Councilman Desmond said the exception is also for septic filling, patching a driveway or landscaping.
Ray Quintero asked why put this in with the mining section when that section seems to be okay? Councilman Desmond said that it is not okay, because right now there are no exceptions for bringing in fill. Mr. Quintero asked what is a large amount of dirt?
Councilman Desmond said that if you are using more than 50 cubic yards of fill in a year you need to go to the building inspector for a permit. If it is for any other reason than landscaping, driveway or septic systems, he will refer you to the Zoning Board of Appeals for a special permit. Mr. Quintero asked about driveway permits and it was explained that you get a permit, but as it is today, you would have to get a special permit to bring in materials. Supervisor Staats said that this is making it more specific in the law. Nothing is being removed from the current zoning law. Mr. Quintero asked if all the boards got together on this? Councilman Desmond did talk to the Building Inspector, Town Attorney, Planning Board, Zoning Board and Town Board.
The Supervisor closed the hearing at 6:55 P.M.
The Supervisor opened the public hearing on Local Law No.2 of 2013 at 6:55 P.M. The Clerk read the public notice. This local law amends the Code of Ethics for the Town of Clermont to provide that the Ethics Board shall consist of four (4) members. The current policy requires that there be an elected or appointed official on the Ethics Board. By increasing the board from three members to four we are accommodating that provision. Town Clerk, Mary Helen Shannon was added to the Board at a previous meeting as the fourth member. There was no public comment. The Supervisor closed the hearing at 7:00 P.M.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk