PLANNING BOARD MEETING
CANAAN, NY 12029

MARCH 27, 2006


The meeting was called to order at 7:12 pm. Joe Davis, Ron Davis and Ian Hooper were absent.

REVISED COMMERCIAL SITE PLAN REVIEW FOR MEPPENS FOOD STAND(change in building dimensions).

The previous approval was for a building that was 16’by 28’. Mr. Meppen now wants to expand the building to 20’ by 28’ and put that building on a foundation.

Don asked Mr. Meppen if he needed another permit from the ZBA ? Mr. Meppen said no, he stated he has a permanent permit from the ZBA. Instead of the temporary one he was originally given. Don asked if it was now considered a restaurant ? Mr. Meppen said no since it has limited seating. Don asked if the building had changed direction ? Mr. Meppen said no. Mr. Meppen also stated the new building will not be closer to the road than the previously approved one at 78 feet. The old building (trailer) has been moved but it is still parked on the property.

MOTION TO APPROVE THE REVISED SITE PLAN-Pierre Gontier
Second-Donna Knight ALL IN FAVOR

Roll call Chairman Malin-yes
Amy Lundy-yes
Pierre Gontier-yes adopted
Donna Knight-yes

A fee of $50.00 was collected.


INFORMAL APPEARANCE FOR A COMMERCIAL SITE PLAN REVIEW FOR JIM AND MARCY BEMISS FOR TRUCKING AND MATERIALS STORAGE ON ROUTE 295 (behind the billboards.)


Pierre said he had run into Mr. Bemiss and they walked the property. Pierre said they had also spoken about stormwater runoff.

Mr. Bemiss stated this is a 7 acre parcel owned by Al Tinger. It will be accessed by an existing driveway thru Country Caretakers from Route 22. He plans to buy this land. He wants to sell landscaping materials ( mulch, topsoil, stone etc.). He wants to build a 30’ by 50’ retail building which will have an office and an inside display

PLANNING BOARD MEETING - March 27, 2006 Page 2



area. There will also be an equipment storage building which will be 70’ by 100’to work on his own equipment and trucks. Mr. Mason who currently has a business of rental equipment at the B3/Peaceful Valley Rd. intersection plans to move to this site.

The Board reviewed the map and found the following items outstanding:
1. Need the dimensions of the lot, survey included.
2. Need to show the setbacks; including how far the equipment will be from the road.
3. Parking for customers, employees and trucking.
4. All lighting including poles, buildings and on signs.
5. All signs.
6. Elevations of the building.
7. Fences, if any.
8. ROW (60 feet wide).
9. Landscaping, if any.
10. A description of the retail items.
11. A description of the rental equipment.
12. Something in writing which will allow use of the ROW from Country Caretakers.
13. Something in writing to continue allowing the ROW to the other parcel in the back (Stevens property).
14. A letter from the State that the location of the driveway is okay.
15. Note what zone this is in on the map.

Mr. Bemiss said he had spoken to Dave Cooper, the ZBA Chairman, who said he did not see any problems with this site. It will need a Special Permit. Don said Mr. Bemiss needs to go to the ZBA first and get their approval. After that, it will come back before the Planning Board. The Planning Board will wait to hear from the applicant.

JANUARY 23RD MINUTES REVIEW AND APPROVAL
This was tabled to the April meeting since 3 Board members were absent tonight.

CORRESPONDENCE

1. ZEO report –January 2006.
2. ZEO report – February 2006.
3. ZBA minutes – October 2005.
4. ZBA minutes (draft)- February 2006.
5. Information on a workshop on roundabouts.
6. A letter dated 2/8/06 from the Dept. of Health to J. Shelp and R. Davis Jr. re: septic systems.
7. Jan/Feb 2006 issue of Rural Futures.

PLANNING BOARD MEETING – March 27, 2006 Page 3



REVIEW OF LOIS PHILIP’S DRAFT OF THE ZONING REVISIONS

Don wanted the Board to look it over tonight. Amy felt all the Board members should be involved and since 3 Board members were missing tonight , she thought they should have the opportunity to voice their comments at a later meeting or otherwise.

Donna said she did not completely understand the changes made based on Lois’s memo. Don said he wanted to talk to Lois, but she is out of the country.

Don said upon his review he did not see many important differences between the Planning Board comments and what Lois’s draft . Amy mentioned Lois had previously said she needed to make sure the revisions complied with legal requirements and precedents.

Don said even though 3 Board members were absent he still wanted to go thru Lois’s draft and compare it to the memo he wrote dated 9/8/04. He said he still wants to talk to Lois about what she left out and what problems she refers to in her cover letter. Don said he would talk to Dave Cooper at a later date.

The Board compared Don’s memo of 9/8/04 to the revisions Lois Philip proposed and this is what they found:

Item #3 Assembly Hall- nothing done on this.
5 Maximum number of children allowed in day care – nothing done on this as to
whether a license is required for the facility or provider.
6 Dam- nothing done on this.
7 Driveway, road, way- nothing done on this.

- Lois added to building,storage.
- Lois added to gravel bank, quarrying.
- Lois added to home occupation, wholly.
- Lois added to lot line, defined and as a unit.

8 Okay as proposed.
9 Okay as proposed.
10. Lot Width- nothing done on this.

- Lot depth, it says horizontal and should be vertical.
- The mine, quarry definition has been dropped.
- Lois added to nuisance, emission.


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12. Pond, flatland- Lois added the minimum. Board said this is okay.
13. RV- the language construction has changed but it is okay.
14. Roadside stand, temporary- this is okay.
15. Setback- this is okay.

- Slaughter, Lois added or parts thereof.

16. Stable- this should say subject to the Right to Farm Law. The Board asked why
this was left out ? Also, stable needs to be in the use table.
17. Swimming pool, residential- nothing done on this.
18. Trucking- definition was not done.
19. Use, prohibited- nothing done on this.
20-30- are okay.

- Veterinarian Service- Lois added a definition.
- ZBA and ZEO- Lois added new definitions.

Page 16 Use regulation #4 – Lois added public.
24 #5- Lois added in the subdivision.
25 #7- Lois added the last sentence. Don said this should be a general comment and not added to #7, C and F.
27 #13- the waiver of subdivision should not be listed under signs.
29 I (driveways and ways). Lois added herein.

- access road or way- Don said it should not be road or way. Should be driveway.
- There are several changes from the words Municipal Law to Town Law. Also, Master Plan was changed to Comprehensive.

36 #5(variances)- Lois added the last line.
37 Special Permit was changed
38 #2- Lois added mined land and reclamation.
40 #12- Lois made 2 changes. She changed stage to phase. Also, there is a change
to commencement of site development.

- The completion bond needs to be changed to other security acceptable to the
Planning Board.

42 C Temp. Permits #2- this is a wording change.
43 #3- wording change.
43 #4- Lois added or adjacent to.
44 I 2- this is a change from what the Planning Board said.
44 #34- this was not done.
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48 #35- this was not done.

Don said he will go over what Lois did not do with Ron, Ian and Joe. He will speak to Lois and Dave Cooper. Don will report back to the Planning Board at the next Planning Board meeting.

Additional Business

The Clerk asked the Board to address the issue that the applicants have to provide 7 copies of all material. She said this is unnecessary for all the paperwork and as a matter of fact she ends up throwing out unnecessary duplicates. The Board discussed it and feels some things need multiple copies. Don said he would think about this and see what he can come up with.

The Clerk also mentioned the Zoning Laws state an applicant must be in 10 days prior to the meeting date. The Clerk requested it be changed to 11 days since that is what the newspaper requires for publication. The Board said that was okay.

Vivian Vispo asked about dog kennels in the Zoning Laws. Don felt is was addressed but no one could find it in the current law or revisions. Don said it might fit in under home occupation.




MOTION TO ADJOURN- Pierre Gontier Second- Amy Lundy
ALL IN FAVOR

The meeting was adjourned at 9:35pm.




Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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