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Zoning Board of Appeals – January 2018

Clermont Zoning Board of Appeals

1795 Route 9
Germantown, New York 12526

January 24, 2018

The meeting opened at 7:30 pm. The meeting started with a salute to the flag. Members attending: Hank Himelright, Pete Cichetti, John Rusconi, Luke Kumburis, Don Van Wagner and Phyllis Heiko. George Schmitt, Town Engineer, and Brian Henchy, Town Attorney, were also in attendance.

Hank Himelright asked if anyone had any additions, corrections or omissions to the minutes of the last meeting. A motion to accept the minutes was made by John Rusconi, seconded by Don Van Wagner.  All in favor.  So carried.

Windhorse Farm,  356 County Route 6, Motion was made by Don Van Wagner to open the Public Hearing for Windhorse Farm, seconded by John Rusconi.  A role call vote was held to open in the absence of Windhorse Farm was as follows:  Hank Himmelright, yes; Pete Cichetti, no; John Rusconi, yes; Luke Kumburis, yes; Don Van Wagner, yes.  The applicant, Windhorse Farm arrived as the roll call vote was completed.  Kurt Andernach presented the proposed plan and site plan map tot the audience.  Questions from the audience regarding the lighting height and wattage and suggested screening to assist in limiting lighting issues were raised, as well as a noise ordinance. George Schmitt stated Clermont did not have a noise ordinance at this time.  Anne Katrin Spiess, owner of Windhorse Farm, spoke of future plans for the property.  George Schmitt explained any additional activities held on the property would lead to the project being in violation of the Board’s approval.  Pete Cichetti recused himself due to his being a neighbor.

Conditions were discussed regarding the approval of the Windhorse Farm application.  Conditions included additional screening of the County Route side of the property, as well as the East side of the property.  In addition, sounds would be regulated by an future sound ordinance established by

the Town of Clermont.  Voting will be held at the February 28, 2018 meeting.

There was no old business.

New business: Pete Cichetti spoke as an applicant regarding an appeal or interpretation.  Brian Henchy, Attorney for the Town, stated the Board has no authority, nor is an application properly before the ZBA. 

Motion to adjourn was made by John Rusconi, seconded by Luke Kumburis.  All in favor.  So carried.  The meeting closed at 9:05pm.

Respectfully submitted,

Desiree M. Webber, Secretary