PLANNING BOARD MEETING
CANAAN, NY 12029

JANUARY 23, 2006



Besides this being the regularly scheduled meeting this is also the training session for this year. The meeting was called to order at 7:07pm. All Board members were present.


CONTINUED REVIEW FOR A BOUNDARY LINE ADJUSTMENT FOR WILLIAM AND JOAN SHAPIRO/58 DOUGLAS ST. LLC ON COUNTY ROUTE 24


This application was represented by Ted Guterman. Don said the it is unclear on the map whether it is a buildable lot. However, the wording is clear in the directory. Also, Don said he prefers the lots not be labeled 1 and 2.
Outstanding items:
1. Before maps (as is) –okay
2. New pinning letter-okay
3. Need to show the driveways-okay
4. Need to take the “drawing of the garage” off the map-okay

MOTION TO APPROVE THE BOUNDARY LINE ADJUSTMENT-Ron Davis
Second-Ian Hooper ALL IN FAVOR

Roll call Chairman Malin-yes
Ian Hooper-yes
Amy Lundy-yes
Pierre Gontier-yes adopted
Joe Davis-yes
Ron Davis-yes

A fee of $50.00 was collected.

Correspondence
1. Letter dated 1/4/06 from D. Malin to the Town Board re: Board vacancy, Chairman and Deputy Chairman.
2. December ZEO report
3. Talk of the Town Nov/Dec 05 issue
4. Talk of the Town Jan/Feb 06 issue
5. Letter to D. Malin from the Columbia Land Conservancy re: Town public land



Planning Board Meeting January 23, 2006 Page 2


Review and approval of the 12/20/05 minutes
MOTION TO APPROVE AS AMENDED- Pierre Gontier
Second-Ron Davis ALL IN FAVOR

Roll call Chairman Malin-yes
Ian Hooper-yes
Amy Lundy-yes
Pierre Gontier-yes adopted
Joe Davis-yes
Ron Davis-yes
Donna Knight-yes

TRAINING SESSION FOR THE BOARD MEMBERS ON RIDGELINE PROTECTION AND TIMBER HARVESTING

Mike Mulligan and Bob Beland (DEC foresters) were on hand to present information. They passed out a booklet called Local Open Space Planning Guide to the Board.

Mr. Mulligan said there are ordinances that cover land use. Any clearing of over 1 acre requires a stormwater permit from DEC. He said there is a difference between clear cutting and clearing. He said clear cutting removes the timber product and clearing is when the land is changed (soil is disturbed) due to agriculture or the building of a home etc.

Timber Harvesting- timber is an important industry, it is used in making soap, shampoo, toothpaste and aspirin for example. Mr. Mulligan stated NYS does not own the majority of timberland. He said you can’t restrict Real Property 480A tax law, which creates a timber forest. A landowner with more than 50 acres of land can enter into an agreement with the State. The landowner must enroll for 10 years, create a work schedule for the land and abide by the rules for timber protection. There are steep fines if the regulations are not followed. The plan is written by a private forester and submitted to the DEC for approval. The owner receives a reduction in land value for tax purposes.When the trees are harvested a tax must be paid by the owner. Under a forest plan, the owner must update DEC every 5 years. The owner must notify DEC about every harvest (especially if it is not on their schedule).

Mr. Mulligan discussed select harvest where trees are harvested that are above a specific diameter and uneven management which represents each size class of trees. It is difficult to do this since trees are mostly the same.




Planning Board Meeting January 23, 2006 Page 3



Stormwater Plan- the Board discussed this topic. Ron used as an example that someone had a field with birch trees and wanted to take out the trees and return it into a field (making this agriculture). Would this need a stormwater plan ? The answer is yes.

Mr. Mulligan said if you put in a new house on more than 1 acre and pulled the stumps, it needs a stormwater plan. If you only cut the trees and don’t pull them no plan is needed. Anytime you disturb the soil and it is 1 acre or more, it requires a permit. To be on the safe side, check with DEC. Clearcutting is okay no permit is needed as long as you don’t take out the stumps.

Mr. Mulligan said any regulation the Town might come up with would need to address:
1. Any Federal regulations
2. Tax law
3. Not prohibiting commerce

The Board could look at aesthetics but sometimes that is not in the best interest. He cited this example: a large oak is beautiful but it can endanger the soil by erosion. The weight of the tree can pull the soil down.

Amy asked if a Town in NY State has done a good job in creating a timber ordinance. Mr. Mulligan said he is unsure if those laws are good or not. All the ones he knows of have problems. He knows Gallatin has one.

Foresters- Mr. Mulligan said they have foresters on the DEC list. These foresters have agreed to follow best management practices (for example you don’t put equipment within 50 feet of a stream). DEC wants foresters who will work on the landowners behalf. DEC wants to educate the public. Ian thinks you should mandate people use a DEC approved private forester on their land. Ron feels that is too restrictive and is another layer of law to enforce. Who would enforce it ?

Mr. Mulligan said it is okay for a town to post the roads by weight for all trucks, but you can’t post it only for logging trucks.

Mr. Mulligan said there is a field guide (available online) for Best Management Practices. There are also timber harvesting guidelines put out by DEC. Pierre asked if there were any guidelines forestry related for site plan review ? Mr. Mulligan suggested hiring someone from their list.

Don asked if this Board feels they should move forward on this? Should the Board come up with something to give to the Town Board ? Don said the Zoning Revisions are with the lawyer and didn’t know what the status was. Ginny Nightingale said the lawyer will have them done by March. She said the plan is to get them to the Town Board and have
Planning Board Meeting January 23, 2006 Page 4

Public Hearings. Don thinks the Planning Board should review them first. Donna suggested if this Board wants to review them a letter should be written to the Town Board. Don said he would write it.

The Board discussed the open space concept and a Comprehensive Plan. Don asked if the Board would be wasting their time to look at this ? Does the Community want an overall plan? Don said these questions are really up to the Town Board. Don doesn’t want to spend time on theses items and others (ridgeline protection, timber harvesting etc.) unless the Town Board wants it. He feels there should be a special committee to do this consisting of Planning Board members, ZBA members and Town Board members. Ian feels there should be some regulations. Don doesn’t know whether this Board has any right to proceed. Don said he is willing to write to the Town Board and suggested letting the lawyers draft something.

Additional Business
1. No February meeting unless applications are received.
2. The March meeting will be changed to March 27.
3. Ginny Nightingale asked about flagpole lots and is concerned about density. She feels this will be a controversial issue in the Zoning revisions. Don said 10 acre parcels are proposed in the RA$ zone in the revisions to partially address this issue.
4. Ridgeline Protection information presented by Ian included open ground, creation of a hilltop protection overlay and protecting aesthetic and scenic resources.
5. Pierre brought up the idea of windmills as something to think about.
6. Rail Trail-Donna said she had gone to a meeting on this. She suggested each person if interested to write their opinion on this topic to the Town Supervisor since the County Board of Supervisors will be voting on it.


MOTION TO ADJOURN- Pierre Gontier Second-Ron Davis All in Favor
The meeting was adjourned at 9:10pm.




Respectfully Submitted,

Tammy C. Flaherty
Planning Board Clerk

Back to index of Meeting Minutes