PLANNING BOARD MEETING
CANAAN, NY 12029

JANUARY 15, 2007



The meeting was called to order at 7:01pm. Ian Hooper was absent.

INFORMAL APPEARANCE BY CLARK & SONS TRANSPORTATION DISPATCH CENTER FOR A COMMERCIAL SITE PLAN REVIEW FOR A 22,000 SF TRUCK GARAGE & DISPATCH CENTER ON FLINTS CROSSING ROAD


Mike McDonald, an attorney with Cain, Hibbard, Myers & Cook and Robert Hoogs, engineer appeared for the application. Mr. McDonald said he understood the application is informal to see if the Planning Board requires any more information and to review the application after it has been to the ZBA. Don said they will need a Use Variance since what they want to do is not allowed in the CII zone where this property is.

Don said they have not applied for a Use Variance from the ZBA, only a Special Permit. Mr. McDonald said they met with Pat Pulver and were denied a Building Permit. Also, Pat told them what they want to do is allowed and they will only need to get a Special Permit from the ZBA. Don referred to page 17 of the Zoning Law, this says trucking is not allowed in the CII zone at all. Don repeated the applicant must get a Use Variance to be able to do anything.

Don does not think the Board should look at anything in this application until they have received a variance from the ZBA.

Mr. McDonald referred to page 7 of the Zoning Law and said their application fits into the definition for motor vehicle service station as well as others. Mr. McDonald stated the law says they must go to the Planning Board first to see if the application is complete and then go to the ZBA and then come back before the Planning Board. Don said they have to be referred to the Planning Board after having been to the ZBA.

Mr. McDonald said he was told to come to the Planning Board by Pat Pulver. Mr. McDonald spoke to the Planning Board Clerk and turned in maps etc. to meet the submission deadline and the application was advertised. After Ron spoke to Don, it was decided this would be an informal appearance since the applicants have not been before the ZBA yet.

Mr. McDonald presented 4 copies of the elevation maps to the Board.

The Board will wait to hear from the applicant after being referred by the ZBA.


Planning Board Meeting January 15, 2007 Page 2


Review & Approval of the December 18th minutes

MOTION TO APPROVE AS AMENDED-Joe Davis Second-Amy Lundy

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

Appointment of the Deputy Chairman

MOTION TO APPOINT RON DAVIS AS DEPUTY CHAIRMAN FOR 2007
Joe Davis Second-Donna Knight

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

Discussion on attendance and training

The Clerk had copies of the law and policy regarding attendance and training for the Board members. These were given to the Chairman and he distributed them. Donna asked if the Board had to accept them, she said she did not like the policy and feels it is completely wrong since Board members are volunteers. Don said yes, since it is a law. The law states it is mandatory to attend 2/3 of the regularly scheduled meetings. Don said there should be exceptions, it should be illness or something beyond a Board member’s control.

Don suggested the Board members review this and put their suggestions together. A suggestion was made to add the clause that a person could be excused by the Chairman for just cause. The Board spoke about the fact this policy effects the ZBA as well. Ron will speak to Dave Cooper to see if the excusal clause is agreeable to the ZBA as well. This will be discussed at the February meeting.




Planning Board Meeting January 15, 2007 Page 3


Additional Business

1. Donna asked where she could find in the Zoning Law that if a change is to be made to a Site Plan that the whole Site Plan could not be looked at ? Don said you need to ask if it is reasonable to look at the whole Site Plan if the revision is small. You must use discretion. Also, it is legal to look at just the revision.

2. Stephenson Site Plan- Ron updated the Board that the sign on the building between
the windows is not approved. Ron looked over the approved site plan and found that the sign is in the wrong place. The sign was not approved to be on the building except the 2 smaller ones allowed on the porch. Ron said he had spoken to Pat Pulver and showed him the sign was not allowed. When Ron asked the Supervisor what the status of this was, the Supervisor replied that Pat Pulver spoke to Mr. Stephenson and was told their lawyer would be contacting the Town.



There was no further business before the Board.

MOTION TO ADJOURN-Pierre Gontier Second-Joe Davis All in Favor

The meeting was adjourned at 7:50pm.




Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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