PLANNING BOARD MEETING
CANAAN, NY 12029

SEPTEMBER 18, 2006



The meeting was called to order at 7:01pm. Don Malin and Ian Hooper were absent. The meeting was called to order by Deputy Chairman Ron Davis in Don’s absent.


REVISED COMMERCIAL SITE PLAN FOR RANDY GILLESPIE/GILLESPIE AUTOMOTIVE AT 13160 ROUTE 22 FOR AN ADDITIONAL BUILDING

Attorney Robert Gagen appeared for the application. The Board reviewed the new submission.

Donna asked what the difference was between customer parking, business parking and display parking. Ron referred to the 2001 approved site plan and said there was no customer parking on that. The new map lists areas as existing parking and this is not correct. The way the new maps are drawn do not match the approved map. Those listed as existing are what Mr. Gillespie proposes.

The door to the entrance of the proposed building is shown abutting the customer repair area. The Board views this as a problem.

Pierre said cars have been consistently in areas not approved. Also, there have been other things on site that do not belong there ex: a dirt pile and a movable garage. Ron said this Board will not entertain anything else until this site is in compliance. Ron said he made a special trip to speak to Mr. Gillespie and gave him some advice. Ron said he does not see where anything has changed; some cars have been moved but Mr. Gillespie is still not in compliance.

Pierre said during his last onsite visit, there were so many cars there that he could not get in between them. He said it is a safety issue. A few Board members (Ron, Pierre and Donna ) said as they drove by tonight numerous cars were moved. It seems like tonight (only) Mr. Gillespie is in compliance to some extent. Pierre also said the cars are too close to the edge of the road. Mr. Gagen said that is why Mr. Gillespie wants the new building, to store cars. Pierre said he was concerned that Mr. Gillespie will fill the area up again with cars.

Donna questioned the 16 feet/ 8 inches from the building to the side of the property. Pierre and Donna said this is not 16feet/ 8inches of open space. Donna is concerned that in the past neighbors had commented about screening and she would not want to see any trees removed.

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The Board asked about moving the building. Mr. Gagen replied there is an air condenser which could be moved to allow more driving room on the left side of the property. Joe asked why the building has to be 30 by 50 feet ? Ron said Mr. Gillespie has already bought a steel building with these dimensions. Joe asked if the building could be moved the other way? Pierre agreed. Amy said the snow load would interfere with the existing building.

Joe questioned why there are 10 employee parking spaces when he does not believe Mr. Gillespie will have 10 employees. Joe and Donna asked if the employee parking could be moved back.

Ron thinks the 16feet/ 8 inches is tight but workable. He asked the Board for their opinion. Pierre, Joe and Donna would like to see the parking moved back. Amy asked how far should it be moved back? Ron said if the building is moved back 15 feet, it would give close to 35 feet in width from the property line.

Mr. Gagen said the number of cars is in compliance. Ron said partially, but Mr. Gillespie is still not in compliance with the approved site plan. Ron said Mr. Gillespie can rotate cars and he is making an effort to comply. Donna asked if 10 cars in the front is okay with everyone ? Pierre said no.

Outstanding items and changes that need to be made
1. Need to show the entrance on the new building (needs to be to scale).
2. One parking space needs to be designated handicapped.
3. The apartment needs to be changed to storage.
4. Move the building back 15 feet.
5. Remove the fence on the side.
6. Remove the word “existing” for customer parking. Only 3 are currently approved in this area.
7. Indicate the 2 overhead doors and the entrance door on the existing building.

To bring the site plan back into compliance
1. Keep the cars in the front to a minimum.
2. Remove the sign foundation.
3. Indicate where the new sign will be.
4. Cannot have more than 15 cars on site, including 5 for sale.
The Board discussed giving Mr. Gillespie an overflow area during the transition period. Pierre is concerned this would become permanent. Amy said she was not happy to make a recommendation to allow any variances. She said Mr. Gillespie needed to come into compliance now. Ron said he should read and comply with the minutes. Note: a copy of the minutes along with the approved site plan was given to Mr. Gagen.

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Ron repeated there cannot be more than 15 cars total with only 5 out front.

The Board will wait to hear from the applicant.

BOUNDARY LINE ADJUSTMENT FOR CAMILLA SMITH, DAPHNE KELLOGG, SYDNEY SMITH AND JAMES SCALA AT 13929 ROUTE 22

In attendance were Robert Linville, attorney, Cim Smith, Daphne Kellogg, Frank Ambrosio and Katherine Ambrosio.

Mr. Linville said this has been a boundary dispute between Ms. Smith and Mr. Scala for a number of years. This BLA will give 9 acres to Jim Scala.

The Board found the following to be okay: the old map “as is” for Cim Smith, the old map “as is” for Jim Scala, the pin setting letter and the consent for all 4 applicants.

The proposed Boundary Line agreement was signed by C. Smith, D. Kellogg and J. Scala but not S. Smith. Amy was concerned it was notarized and was missing signatures.. The Board discussed that this document was necessary. Mr. Linville provided an unsigned copy instead and the Board agreed to this document.

Mr. Linville stated Mr. Scala said he has been paying the taxes on the 9 acres all along and Cim Smith has not. There will not be any tax implications on this.

MOTION TO APPROVE THE MAP- Joe Davis
Second- Pierre Gontier ALL IN FAVOR

Roll call Deputy Chairman Davis-yes
Amy Lundy-yes
Pierre Gontier-yes
Joe Davis-yes
Donna Knight-yes

A fee of $ 50.00 was collected.


INFORMAL APPEARANCE BY ROBIN WHITE FOR A SUBDIVISION

Terry Cozzolino (realtor) and Robin White appeared. The property is located at 1781 Route 295 next to the Inn at Silver Maple Farm.


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Mr. White would like to subdivide this into 3 parcels. One parcel of 30 acres, the second parcel would be 6 acres with the existing house and the third parcel would be 3 acres appx.. He said he would need to build a driveway (road) to the back acreage. Donna said she would be concerned about the grade of the driveway . Mr. White feels there is an area that would allow the driveway. Ron said the grade cannot exceed 10% on a single driveway and 8% on a shared one. Mr. White said he is working with Frank Ambrosio.

Ron said frontage must be established on the back lots. The realtor said the road was not going to the third lot. Ron said it would have to have 350 feet of frontage from lot 2. To get the frontage for the back lot, it must be 60 feet wide (on paper) and be long enough to make 350 feet.

Donna asked if this is a shared driveway with the Inn, can Mr. White subdivide? Amy said she thinks Mr. White owns it.

Note: When Mr. White formally applies for a subdivision, he will need to prove he owns the driveway. The Board also noted he will need a 10 year history.


INFORMAL APPEARANCE BY MARK STEPHENSON FOR A RETAIL STORE AT 17 POST ROAD(OLD POST OFFICE BUILDING)


Mr. Stephenson said he thought he could just open a store since the Post Office had been there in the past. The Building Inspector told him he could not. The Board said if it has not been in continuous use for 2 years, he will need to apply to the Town to open a store. Mr. Stephenson said this is in the C1 zone.

Pierre said it needs a Special Permit from the ZBA. To appear before the ZBA, Mr, Stephenson needs to be turned down by the Building Inspector. It has not been officially turned down yet. Pierre said the ZBA is a 2 month process. After the ZBA, Mr. Stephenson would have to come back before the Planning Board for a Site Plan Review.

The Board said they have to look at the parking and since this has apartments (6 per Mr. Stephenson), Mr. Stephenson will need to show those tenant parking spaces as well.

Mr. Stephenson said he did not realize it would be this big of a deal.

This will be tabled until the Board hears from Mr. Stephenson and he files a formal application for a Site Plan Review.


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Review and Approval of the August 28th minutes

Tabled (no motion) to October to get input from Don and Ian.

Correspondence
1. August ZEO report.
2. Letter dated 8/30/06 from D. Malin to P. Sarachik re: non approval of his exempt subdivision. Referred to the ZBA.
3. Bio Diversity Assessment Training Application



MOTION TO ADJOURN- Pierre Gontier Second-Joe Davis
ALL IN FAVOR


The meeting was adjourned at 9:00pm.








Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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