PLANNING BOARD MEETING
CANAAN, NY 12029

APRIL 17, 2006


The meeting was called to order at 7:06pm. Amy Lundy was absent.

EXEMPT SUBDIVISION FOR JOHN AND JUDY STELLING AT 129 BARNEGAT ROAD

The parcel is 15.73 acres and the applicants would like to split it into 2 parcels of 10.113 and 5.617 acres.

The pinning letter and the 10 year history are on file. There are no wetlands or structures on the new lot. Don asked about the garage on the current lot and said it did not seem to meet required setbacks. Mr. Stelling said it was fine and had been approved by the ZEO.

MOTION TO APPROVE THE EXEMPT SUBDIVISION-Ron Davis
Second-Ian Hooper ALL IN FAVOR

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

A fee of $50.00 was collected.

REVISED COMMERCIAL SITE PLAN REVIEW TO ADD A 30 BY 50 FOOT STORAGE BUILDING FOR RANDY GILLESPIE/GILLESPIE AUTOMOTIVE AT 13160 ROUTE 22


Don said there are a number of problems with this application. He is concerned as to whether Mr. Gillespie is currently in compliance with his approved site plan. Ron stated Mr. Gillespie had promised to return to the Planning Board numerous times and never did. Upon his review, Don said he noticed the following problems:

1. The sideyard setback is too close, it is only 16-17 feet.
2. No elevations are given and they are required.
3. The old building cannot be enlarged due to Zoning. A new building would have to be as far back as the old building. Will it be a new building or an extension of


Planning Board Meeting April 17, 2006 Page 2

the old one ? If a new building was connected to the old building with a
breezeway would that comply?
4. There are restrictions in the C2 zone that buildings can only take up 20% of the
lot area.
5. What will be stored in the building ?
6. Need to show contours, sewer, lights, driveway, utilities etc.

The Chairman asked the Clerk to contact Mr. Gillespie and tell him this application was on hold awaiting a letter from the ZEO regarding compliance with the previously approved site plan. The Chairman also asked the Clerk to speak to the ZEO and request a letter from him asking if Mr. Gillespie is in compliance with his approved site plan.

This is tabled until the May meeting (no vote).

INFORMAL APPEARANCE BY RICK NEWTON

Mr. Newton was not on the agenda. He asked if he could speak to the Board. He stated he would like to build a duplex on his property as a rental unit. The Chairman said duplexes are not allowed per our Zoning. Don also said multi family dwellings or an attached apartment are allowed. Ron stated only 1 dwelling unit is allowed on a property. Don felt that what Mr. Newton proposed needs legal interpretation and that comes from the ZBA.

Mr. Newton then asked if he built a new house on a separate lot and both sides were rentals would that be okay? Don said as long as 1 side was 1500 square foot or less. However, Don feels Mr. Newton still needs to speak to the ZEO and the ZBA.

INFORMAL APPEARANCE BY WANDA LIBARDI

Ms. Libardi was not on the agenda either. Ms. Libardi appeared because she thought Frank Ambrosio had delivered maps to the Planning Board. The Board never received these maps.

REVIEW AND APPROVAL OF THE JANUARY 23RD MINUTES

Don said it still needs review by the 3 Board members who were absent from the March meeting. It was tabled to the May meeting (no vote).

REVIEW AND APPROVAL OF THE MARCH 27TH MINUTES

MOTION TO APPROVE THE AMENDED MINUTES- Pierre Gontier
Second-Donna Knight ALL IN FAVOR
Roll call Chairman Malin-yes
Ian Hooper-abstain (absent on 3/27)
Pierre Gontier-yes Not approved
Planning Board Meeting April 17, 2006 Page 3

Joe Davis-abstain ( absent on 3/27)
Ron Davis-abstain ( absent on 3/27)
Donna Knight-yes

This was not approved because a majority of a quorum did not vote to approve. Tabled to the May meeting (no vote).


CONTINUED DISCUSSION ON THE ZONING REVISIONS

Don said he had spoken to Ron but had not talked to Ian or Joe yet to get their input. Ian said he would like to bring up scenic issues. Ron said this revision needs to stay focused on the current items and not bring up any new items. Don said the scenic issue will be brought up separately.

Ian said he found a couple of things that were wrong in Lois’s revision.
- Home Occupation (page 8) (d). This is worded exactly the same as (a )(page 7) and is redundant. It should be removed.
- Pond, flatland (page 10). Need to move the parenthesis to follow level, and of “dam”. .

Don said he had spoken to Lois. Lois said the ZBA, Planning Board and Town Board should decide whether Lois’s comments were satisfactory and then she would add other comments. Don felt all comments should be looked at together by the Boards and then a sub-committee be formed to go over all the changes with Lois.

Don said he has not talked to Dave Cooper yet. Lois said she has not done anything about lot width yet because the ZBA has a problem with a 60 foot width and too many flag lots. Lois feels the ZBA and Planning Board should get together and agree on this issue.

Don said the ZBA has had the Planning Board comments since his 2004 memo. Donna said Ginny Nightingale reported to the Town Board that the ZBA said what they received from Lois was not what they had sent to Lois. Don said the ZBA obviously did not look his comments.

Don said Lois wants to make sure the laws meet existing precedents and not start out on new territory. Don asked Lois to get the final version to the Planning Board for discussion.



ADDITIONAL BUSINESS
Ron brought up the fact that the Planning Board requires a pinning letter. Someone he
knew had a problem with a pin not being set. Ron would like the pinning letter rewritten
Planning Board Meeting April 17, 2006 Page 4

that any new pin certified by a surveyor which has been placed has at least a number 5 reinforced rebar with a cap on it. Don said he doesn’t think this Board can require a specific pin must be set. Don said the Planning Board does not have that authority; it needs to be in the Zoning Laws. Ian said maybe there is established language that the surveyors must use. Ian and Donna would like to find out. Don said this Board still does not have authority to require that.

Correspondence
1. A copy of a letter dated 4/14 from the Dept. of Health to Joyce Carroll at Columbia Land Conservancy re: water testing at Jon’s Pond.
2. Letter dated 4/7 from D. Malin to D. Cooper re: D. Meppen’s site plan approval.
3. March 2006 ZEO report.
4. Feb. 2006 ZBA minutes.
5. March/April issue of Rural Futures.
6. Info. On the Right to Farm law.
7. March/April issue of Talk of the Towns.

ADDITIONAL BUSINESS

Lois told Don that the Town has not approved a Right to Farm Law. She also said the County has approved this law but it was never filed with the State.


MOTION TO ADJOURN- Ian Hooper Second-Pierre Gontier
ALL IN FAVOR


The meeting was adjourned at 8:40pm.





Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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