Clermont Zoning Board of Appeals 1795 Route 9 Clermont, New York 12526 May 28, 2014 Members attending: Hank, Chairman, John, Luke, Peter and Andy Howard, town attorney Public hearing for Catherine Spencer opens at 7:30 pm as called to order by Hank, Chairman. 2 area variances for her property on Shield’s Road. The board received a copy of the deed still required from the previous meeting. Catherine hands in the letters that were signed by the surrounding neighbors of the notification of the public hearing. She mentions the areas that the zoning board will be looking at. She reviews the site plan. Members of the board have already visited the site. She feels that the nature of this is a more natural change than a suburban look might not looks as natural. 1977 owners were granted a variance for the pool and there is a neighbor’s shed that is closer than the setbacks that are used now. She further reviews the property and the surrounding properties. She shows the diagram with the 4.2 side set back request and 25 foot side set back request that she is asking for. She feels that the character of the property will not be jeopardized or changed from the existing character. The storm that came and caused the falling of several trees, changing the property has now led them to desire the car port. Instead of the original 12 foot wide car port the builder suggested a 14 foot wide car port for more versatility. 4.2 on one side and 24 feet on the other side. Some neighboring properties do not meet the accepted regulations around her and some are actually on the property of others. The neighbor has a trench that leads water from the road and at times goes into the Roe Jan. She feels this structure will reduce the amount of water that will run into the Roe Jan. Traffic patterns and parking will not be changed in any way. She addresses self-created difficulty should not preclude granting a variance. This request is a result of the damage done from a the storm that resulted in change to her property. Hank explains that this is a public hearing and the properties of all are substandard for all and this is the situation of hand. The road is not a town road. There is question from the public about the footage from the center of the road to her property. He feels that it is not what she is stating it to be, from the data that he has for his land. A copy of the railroad map is presented to the board to review the property being discussed. Hank asks to see that there is a center pin to show that the road has never shifted. No one on the board has seen a pin in the center of the road. Hank asks Andy Howard what he feels about the topic of the pins and site map. Variance would be measured from the property line on the survey map. Mention that this car port will reduce the amount of parking available to her. He has concern with parking on property of others and blocking the road. Hank asks for other public comment. A member speaks of the parking situation. She mentions that there should be no change to the dynamics as the cars would still need to park one car behind the other whether there is a car port there or not. Attorney for the Gerard’s speaks to the board regarding. He provides a survey of the Gerard’s property from 1997. He reviews what the placements of these details represent on this survey. This was done for a title report in 1998. The proposed car port will block the access to the Gerard’s garage. He states that there is a shared driveway here. He feels that the court will need to determine the decision of this drive. Hank has requested from the applicant for any and all possible easements as there are not mentions of any on the deed nor any limitations. Lot 1 is the smallest lot in the division, 2.21 acres. He feels that the applicant wants to put a structure on the property that is too large for the size of the space. He feels that this will change the character of this property in a negative way. He feels that the two structures will cause more water drainage issues than there are now. He feels that variances are not to be granted for the convenience of the land owner. He suggests the move the generator and propane in order to be able to have the car port in an area that does not require a special variance. His clients do not feel that this is necessary. A member of the public speaks about the snow conditions on this road when plowing is required and any road maintenance need to be done; he feels this shed will make for difficulty when cleaning out snow from inside the shed. Pete mention that he wants to know if the findings of the site visit can be shared with the audience/ public. Hank and Andy state that this will be mentioned after the public hearing is closed. There will then be discussion. Hank asks for a motion to close the public hearing. John makes a motion to close the public hearing. Hank asks for a second to the motion Luke made the motion. Roll call vote: John yes, Luke yes, Peter no and Hank yes. 8:30 pm the public hearing is closed. Hans asks the board for an acceptance of the minutes from the last meeting. Luke makes the motion and John seconds it. All are in favor and the motion is carried and the minutes are accepted. There is no old business. New Business: The review of the variance and public input is discussed. Peter asks about the distance of the pin from the propane tank to be total distance to the pin. It was measured at 60 feet giving enough room to never have interference with the tank. Hank opens the hearing to the public to review the maps and the site plan. The variance is for 4.2 feet from the property line. Peter refers to the setbacks and what the distance of the variance would need to be? Hank states that the decision would always be the least amount of variance needed for any variance that may be granted. The electric line should be identified and noted. Hank mentions that you can build over it as long as it is done correctly. The board would be responsible to put any restrictions to be put on any variances that are granted in order to ensure that drainage is appropriate, as an example. John feels the electric line should be moved over to about 10 feet. Pete is mentioning measuring and to see if there can be 60 feet from the pin at the back of the garage. She says he needs two feet around to dig. Pete has concern about the swale between the two properties. There is a definite drainage issue due to being on the side of a mountain. If the structure is moved ten feet, there would be no issue with the structure. If moved ten feet, there would not be a need for the 4.2 variance. We now have to determine the 50 foot setback reduced to be a 24 foot setback. The pin distance from the center of the road is not what is used. The board wants to see what is the very least amount that would be needed in a variance. Hank mentions that the board has 60 days to make a decision. Andy Howard suggests to the board that since hearing discussion of parking, footage, distance of propane tank, would not require re-opening a public hearing unless there is newly founded information. If there is new evidence, there would be an issue of good faith to re-open if it is substantial information, not confirmation of known data. Pete asks who on the board will go to measure again. Hank states that he will go. Andy brings up the discussion of easement. The determination of anything around a prescriptive easement is up to the public and not the board. The public can exercise those rights at any time. Catherine asks what the easement for fencing is. It is five foot setback off the property line. The good side of the fence has to point towards the neighbor. If a fence is 4.12 feet, iy would not require any setbacks. It could go right on the line. Higher would require setbacks and consideration of distance for maintenance. Hank will bring a metal detector to ensure where the tank is. Pete will go with Hank to the site for this. The board wants to know where everything is before making any decisions. It is important to know the perimeter of the tank. She will call Hank once the measurements are completed and then the second site visit can take place. The board has 60 days to make a decision. It could be by the next meeting or up to the 60 days. There is no other new business. Hank asks for a motion to adjourn. Pete makes the motion. John seconds it. The meeting closes at 9:17 pm. Respectfully submitted, Tamera Connolly, secretary