PLANNING BOARD MEETING
CANAAN, NY 12029


MAY 19, 2008


The meeting was called to order at 7:05pm. All Board members were present.

INTERVIEW OF LAURA SCHOENE FOR THE BOARD VACANCY

Ms. Schoene said she has lived in Red Rock for 8 years and recently took a job at The Mount in Lenox, Ma.

Ron said there is an attendance policy of ¾ of the regular meetings in a year and 4 hours of training. He stated there could be several special meetings during the year especially due to the cell tower application. Ron also said from time to time, the Planning Board needs to review the Zoning Law. The Planning Board has put extensive time into this in the past and the next review could take time as well.

Michael asked if Ms. Schoene had ever appeared before a Planning Board or ZBA? She said yes in Maine where she has a house.

Pierre said if her next door neighbor appeared before the Board, could she deal with the issue and not say she had a conflict of interest? Ms. Schoene said she would have to follow the law.

Michael asked if Ms. Schoene is away for an extensive period of time? She said no, usually only 2 weeks at a time. She is normally in Maine 4 or 5 weeks a year.

Ms. Schoene asked the Board what else they did? Ron & Pierre said besides cell towers, subdivisions, site plans, Boundary Line Adjustments and commercial reviews including signage. Ms. Schoene said she felt she could make 9 or 10 meetings a year.

Ron & Pierre spoke about the cell tower application and said it could take 3 months or 3 years depending on how it goes. Ron feels this will go smoothly. However, he said this application is outside the telecommunications zone established in the law so it is a little different, the applicant must prove need.

Michael asked if there was time for Ms. Schoene to review the cell tower application and get up to date? Ron said yes, if she is appointed she will have time to review the materials before our next meeting.

Ron thanked Ms. Schoene for her time and said he would be in touch.


Planning Board Meeting May 21, 2008 Page 2



REVIEW AND APPROVAL OF THE APRIL 21ST MINUTES

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

Roll call Chairman Davis-yes
Ian Hooper-yes
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Joe Davis-yes
Michael Belknap-yes

REVIEW AND APPROVAL OF THE APRIL 30TH MINUTES

MOTION TO APPROVE AS AMENDED-Pierre Gontier Second-Michael Belknap

Roll call Chairman Davis-yes
Ian Hooper-abstain
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Joe Davis-yes
Michael Belknap-yes

Correspondence
1. April ZEO report.
2. March ZBA minutes.
3. ZBA decision re: Mercer Mt. area variance.
4. Letter dated 5/13/08 from Chairman Davis to C. Cioffi re: will not be on this month’s
agenda.
5. Letter dated 5/12/08 from Chairman Davis to M. Gerstman re: selection of lawyer.
6. Letter dated 5/12/08 from Chairman Davis to Bond, Schoeneck & King re: selection
of lawyer.
7. Letter dated 5/12/08 from Chairman Davis to E. Vopelak (CT Male Associates)
Re: selection of engineer
8. Letter dated 5/12/08 from Chairman Davis to Infinigy Engineering re: selection of
Engineer.
9. Notice from the Town of Richmond, Ma re: special permit application for J. Cornell.
10.Letter from the Town of Richmond, Ma re: copy of approved special permit for a sign
for Berkshire Equestrian Center.
11. Notice of Decision from the Town of Richmond, Ma re: Special permit for
S. Bourgeois.


Planning Board Meeting May 19, 2008 Page 3


12. Announcement of training session on Land Use on May 8th presented by NYMIR.
13. Announcement of summer school presented by the Assoc. of Towns on various dates
and places, none are local.
14. Copy of the ad that ran in the paper for the Board vacancy.
15. Copy of Laura Schoene’s resume.
16. May/June issue of Rural Futures.

Update on the cell tower

Ron said there had been a hold up on setting up the escrow account. He stated Chris Ciolfi’s boss had some questions as to how the Planning Board would spend the money. Ron said it was all stated in the law. The Planning Board will have to hire legal and technical advice for this application.

Additional business

1. Ron gave the Board a history of the RD Clark application on Flints Crossing Rd. Based on the actions that transpired with this, from the ZEO and ZBA, inadequacies showed up in the Zoning Law. The previous Town Board passed a moratorium on growth in this zone. A Committee was formed but never met. Ron felt it needed to be looked at again and asked the Board members for input. After a lengthy discussion, the Board agreed there should be another moratorium.

MOTION TO WRITE A MEMO TO THE TOWN BOARD TO ESTABLISH A NEW MORATORIUM IN THE C2 ZONE TO GIVE THE PLANNING BOARD ADEQUATE TIME TO LOOK AT THE ZONING LAW FOR POSSIBLE MODIFICATIONS. ALSO, THE BOARD REQUESTS THE TOWN BOARD APPOINT A COMMITTEE CONSISTING OF THE SUPERVISOR, A REPRESENTATIVE FROM CSX, DOT, THE THRUWAY AND A MEMBER OF THE ZBA AND THE PLANNING BOARD-Pierre Gontier Second-Ian Hooper All in Favor

Roll call Chairman Davis-yes
Ian Hooper-yes
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Joe Davis-yes
Michael Belknap-yes


Planning Board Meeting May 19, 2008 Page 4



2. Ron brought up the subject of windmills for energy. Ron had been told the motel at B3 wanted to put one in. Ron said the Supervisor told the ZEO it could not be done due to the height limits in the Zoning Law since it would be over 35 feet. However, Pierre said that was the wrong answer. Since windmills are not listed in our Zoning, it is automatically prohibited. Ron felt the Board should look at this issue. Pierre said the Town could not do a moratorium on this since it is not allowed at all per Zoning. Pierre said that some residents of the County are not in favor of individual windmills due to view shed issues, noise and no one has control over maintenance. Pierre said he personally is not in favor of individual windmills but is in favor of windmill farms. Ian feels the Town should be conservative on this and not encourage people. The Board decided since it is already against the law, they will leave it alone.

MOTION TO GO INTO EXECTUTIVE SESSION FOR PERSONNEL-Pierre Gontier
Second-Ian Hooper All in Favor

MOTION TO CLOSE THE EXECUTIVE SESSION AMD REOPEN THE MEETING-Ian Hooper Second-Pierre Gontier All in Favor

There were no decisions made or action taken while in Executive Session.

MOTION TO RECOMMEND LAURA SCHOENE FOR THE BOARD VACANCY-Joe Davis Second-Pierre Gontier All in Favor

Roll call Chairman Davis-yes
Ian Hooper-yes
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Joe Davis-yes
Michael Belknap-yes

There was no more business before the Board.

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

Meeting was adjourned at 8:45pm.


Respectfully submitted,

Tammy C. Flaherty
Planning Board Clerk

Back to index of Meeting Minutes