PLANNING BOARD MEETING
CANAAN, NY 12029

NOVEMBER 27, 2006


The meeting was called to order at 7:01pm. Don Malin and Pierre Gontier were absent. In Don’s absence, Ron Davis ran the meeting as Deputy Chairman.

COMMERCIAL SITE PLAN FOR MARK STEPHENSON FOR A RETAIL STORE AT 17 POST ROAD

Mark Stephenson, his father Gary and his business partner Chastity Endres appeared.

Ron referred to a letter from Dave Cooper, ZBA Chairman, stating the ZBA cannot give approval until the Planning Board gives approval or a conditional approval. Mr. Cooper said the application had been referred to the County Planning Dept. and they do not have a problem with this application.

Donna questioned why the ZBA cannot move forward ? Ron said the ZBA can’t issue a variance until the Planning Board approves the Site Plan. Ron said he has spoken to Dave Cooper, Don and Pierre about the letter from the ZBA. Don, Ron and Pierre agreed the Board can give a conditional approval (except for the parking) so the ZBA can approve a Special Permit.

Ron stated once the parking issue has been taken care of either with a variance from the ZBA or approval by the DOT; the Planning Board can then give full approval and stamp the maps.

Ron said the applicant needs 5 parking spaces for the store and an additional 12 for the apartments for a total of 17 spaces. However, there is no way to get 17 physical spaces according to the Zoning Law.

Donna asked if they plan to display anything on the porch? Chastity said yes. Donna felt
that should be listed on the Site Plan so the Zoning Officer would be aware of it. Ron said the 400 SF listed for the store inside does not include the porch. The Board said not to bother putting the porch as a display area on the site plan and the applicant needed to make sure that no prices were shown on the display items which were on the porch.

Donna said the signs were not shown on the site plan. Amy said the signs are listed in the business plan and pictures are shown of the signs.

The Board discussed the parking issue at length. Ron repeated there was no way the applicant could meet the parking requirement in the Zoning Law. Mr. Stephenson said he had spoken to DOT about parking in the State Right of Way and he was told it could take up to 2 years before he might hear back from the DOT.
Planning Board Meeting November 27, 2006 Page 2



Ron said the way to proceed with this application was :

1. The Planning Board grant a conditional approval.
2. The parking issue needs to be resolved by DOT or a variance be granted by the ZBA.
3. Full approval by the Planning Board and maps are stamped.

MOTION TO GRANT A CONDITIONAL APPROVAL WITH CONDITIONS-Joe Davis Second- Ian Hooper All in Favor


Conditions:
1. This site plan must meet the Zoning Law requirements for parking (5 for commercial) and 12 additional for the apartments for a total of 17 parking spaces.
OR
2. A letter from DOT stating the applicant can use the State Right of Way for
Parking
OR
3. A variance from the ZBA giving them relief on the parking requirement in the
Current zoning law.

Roll call Deputy Chairman Davis-yes
Ian Hooper-yes
Amy Lundy-yes adopted
Joe Davis-yes
Donna Knight-yes

Ron asked the Clerk to compose a letter with the Planning Board’s decision to give to Dave Cooper as soon as possible since the ZBA meeting is the next night (11/28). The Board discussed holding a Special Meeting on 12/4 for Mr. Stephenson if the parking issue has been resolved.

EXEMPT SUBDIVISION FOR PHILIP SARACHIK AT 2189 ROUTE 295

Mr. Sarachik appeared. All paperwork was in order. Mr. Sarachik had appeared before the Planning Board in August and was referred to the ZBA for a variance since the proposed subdivision would not meet the road frontage requirement. The ZBA granted the variance in October.

MOTION TO APPROVE THE EXEMPT SUBDIVISION-Ian Hooper
Second-Amy Lundy All in Favor

Roll call Deputy Chairman Davis-yes
Ian Hooper-yes
Planning Board Meeting November 27, 2006 Page 3


Amy Lundy-yes adopted
Joe Davis-yes
Donna Knight-yes

A fee of $50.00 (cash) was received.
NOTE: The Clerk only kept 3 copies (instead of the normal 4) of the map at the applicant’s request since he wanted the extra copy.

REVIEW AND APPROVAL OF THE OCTOBER 16TH MINUTES

MOTION TO APPROVE AS AMENDED-Ian Hooper
Second-Joe Davis All in Favor

Roll call Deputy Chairman Davis-yes
Ian Hooper-yes
Amy Lundy-yes adopted
Joe Davis-yes
Donna Knight-yes

REVIEW AND APPROVAL OF THE OCTOBER 23RD MINUTES

These minutes were tabled (no motion) since there was not a quorum of those who attended the 10/23 meeting. Both Ian and Donna had been absent on 10/23.

Correspondence
1. Letter dated 11/9/06 from DEC to R. Rugen re: new road for the subdivision off
Queechy Lake Road.
2.Copy of a survey from the County Planning Dept. This was filled out by the Chairman
and returned to the County.
3. Copy of a letter dated 10/26/06 from D. Malin to County Planning re: Gillespie Site
Plan approval.
4.Copy of a letter dated 10/24/06 from D. Malin to D. Cooper re: Gillespie Site Plan
approval.
5.Copy of a letter dated 10/18/06 from County Planning Dept. to the ZBA re:
Stephenson referral.
6.October 2006 ZEO report.
7. September 26, 2006 ZBA minutes.
8. October 31, 2006 ZBA minutes.
9. Letter dated 11/9/06 from Conner, Curran & Schram re: Sarachik proposed
subdivision on 11/27/06.
10. Announcement for Stormwater Management Program (various dates Nov. 2006- Feb
2007).
11. Flyer-Promoting the Training of Municipal Planning and Zoning Officials Fact Sheet.
Planning Board Meeting November 27, 2006 Page 4


12. Announcement for a Zoning and Planning Breakfast Briefing on Comprehensive
Planning either 11/28/06 or 11/30/06.
13. Nov/Dec. 2006 issue of Rural Futures.
14. Oct. 2006 issue of Nuggets and Nibbles.
15. Sept/Oct 2006 issue of Talk of the Towns.
16. Letter dated 10/13/06 and brochure from Columbia Land Conservancy re: Planning,
Design and Conservation.

Additional business

1. Ron gave an update on Don’s health and said he is doing well. Don expects to be at our December meeting.

2. Ron said Pat Pulver had contacted him regarding EAC. Pat told Ron EAC wants to move the dumping area and put it down below the building. They also want
to pour a slab and add a compactor for recyclables.

3. Donna said EAC is a mess and looks awful. She would like the road repaved and
would like the Board to relook at this issue as well as others if EAC is coming back before the Board.


MOTION TO ADJOURN- Ian Hooper Second- Joe Davis All in Favor

Meeting was adjourned at 8:30pm.





Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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