ZONING BOARD OF APPEALS
JUNE 25, 2014
The Clermont Zoning Board of Appeals met on Wednesday, June 25, 2014 at 7:30 P.M. at the Town Hall. Those in attendance were Chairman Hank Himelright, Luke Kumburis and Chris Nolan. Peter Cichetti and John Rusconi were absent. There were eight residents present.
The Chairman opened the meeting with the Pledge of Allegiance.
MINUTES: Chairman Himelright noted a correction on page l, 5th paragraph, should be ‘front’ yard setback. A motion was made to accept the May minutes as corrected by Luke Kumburis, seconded by Chris Nolan. All in favor. So carried.
OLD BUSINESS: Variance Request for Catherine Spencer, Shields Road, Tax Map ID#210-1-13.111. Ms. Spencer is requesting a side yard variance of 4.2 feet and a front yard variance of 24 feet to build a garage with storage shed on her property. A site visit was made by members and a public hearing was held in May. Chairman Himelright went over the SEQRA application. A motion was made by Chris Nolan, seconded by Luke Kumburis to declare a negative declaration on the SEQRA application. A roll call vote was as follows: Chris Nolan, aye; Luke Kumburis, aye; Hank Himelright, aye. Motion passed.
By Resolution, the board is denying the side yard setback of 4.2 feet and approving a 26-foot front yard variance because it felt that the front yard setback did not result in an undesirable change in the neighborhood and is in keeping with the character of the neighborhood. The 4.2-foot setback was denied because the board felt that this would result in an undesirable change, being too close to the adjacent neighbor’s property. A motion was made by Luke Kumburis to approve the resolution for the 26-foot front yard area variance and denial of the 4.2 side yard setback, seconded by Chris Nolan.
A roll call vote was as follows: Luke Kumburis, aye; Chris Nolan, aye: Hank Himelright, aye. Motion passed.
Chairman Himelright explained that the ZBA is assigned to make this decision and to try to keep all happy. The applicant may or may not go ahead with this. Hank did some additional measurements and decided to add two feet to her initial request and deny the 4.2-foot due to the poor drainage and potential of flooding and damage to the structure on the immediate adjacent parcel.
Mr. William Corrigan objected to limited parking on the property. When Chairman Himelright measured there will be room for two cars. Another resident added that it will be difficult when the snow comes.
NEW BUSINESS:
Alan Sachs – County Route 8 – Tax Map ID#180-2-33. Mr. Sachs owns 23 acres on County Route 8 with two residences and a barn. The field to the south is approximately 4 acres of the 23. Chris Nolan asked if his overall idea is to subdivide this acreage into parcels. Mr. Sachs would like to subdivide but at the most four parcels. He would need to have fifty feet for a flag lot and he only has thirty-five feet between the two houses, which is a substantial variance request.
He has 310 feet road frontage total. Two flag lots would require 100 feet. The ZBA members cannot design his plan so advised him to draw up a sketch plan and take it to the Planning Board.
There is training on July 29th in Kingston. The Chairman would like to have everyone attend if possible.
Copies of Local Law #3 of 2014 to Amend the Use Tables in the Zoning Ordinance were given to members.
A motion was made to adjourn by Chairman Himelright, seconded by Chris Nolan at 8:35 P.M. All in favor. So carried.
Respectfully submitted,
Mary Helen Shannon
For Secretary Tamera Connolly