PLANNING BOARD MEETING
CANAAN, NY 12029

MARCH 16, 2009



The meeting was called to order at 7:04pm. Ian Hooper was absent.

Site Plan Review for Canaan General Store for a retail store to sell bulk items , bakery goods and deli items

This was referred by the Zoning Board of Appeals as a possible site plan modification. Mr. Christ Bylar, the business owner., explained they had not changed the structure except to open a retail store downstairs from the old hardware business. There is 1 additional sign downstairs to mark the new entrance. Mr. Bylar said it was only an extension of the business upstairs. Mr. Bylar also said the Dept. of Agriculture had approved the business. Pierre said the ingress and egress was the same. Pierre also said if Mr. Bylar wanted to add lighting to the sign, he must come back before the Planning Board. Mr. Bylar said he did not plan to add lighting. Michael asked why this application was before the Board since it was previously approved and there is no change to the site plan. Ron said because there could be changes in signage or parking. Ron sated the Planning Board can only look at site plan issues and cannot look at anything else such as use.

Michael asked if the Planning Board was approving the site plan. Ron and Pierre agreed it was part of the store and is not a separate use. There was nothing added to the site plan. The parking is adequate and the sign downstairs is directional only. Ron suggested only sending a letter to the ZBA stating that a site plan map does not need to be stamped.

MOTION THAT THIS SITE PLAN DOES NOT NEED APPROVAL SINCE THERE ARE NO CHANGES TO THE PREVIOUSLY APPROVED SITE PLAN- Pierre Gontier
Second-Michael Belknap All in Favor

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

MOTION TO WAIVE THE FEES SINCE THERE IS NO CHANGE TO THE SITE PLAN-Pierre Gontier Second-Joe Davis All in Favor

Roll call Chairman Davis-yes
Jennifer Mickle-yes
Planning Board Meeting March 16, 2009 Page 2



Pierre Gontier-yes adopted
Joe Davis-yes
Michael Belknap-yes



Site Plan Review for Creative Crossings LLC (Robert Bemiss) for a retail store to build bicycle frames and create art such as painting, sculpture, and jewelry making

This application was also referred by the ZBA. Mr. Bemiss said there was some confusion by the ZBA as to whether this site is okay to use it commercially. Ron said this property has always been commercial and once there is a change of use it has to go before the ZBA. Mr. Bemiss said he plans to only use 1 building (the storefront) for now. They may add an artists night later on to showcase other artists. Pierre asked how may clients he expects per week and Mr. Bemiss said 3. Mr. Bemiss stated he does this work as a sideline and most of it is done over the internet. The frames he makes are shipped to the Arcadian Shop in Lenox, MA and will probably be sent by UPS or Federal Express, once a week. Mr. Bemiss does not expect much foot traffic but will encourage people to come by, reminisce and perhaps have a cup of coffee. Ron asked if he planned to open a coffee shop or anything and Mr. Bemiss said no.

Ron asked what hours he planned to work? Mr. Bemiss said this would be part time but did hope over a few years to turn into fulltime. Mr. Bemiss said if he ever planned to expand he would come back before the Planning Board before he did anything. He said he told the ZBA the same thing. He wants to keep the future open and said the neighbors are excited about this business, especially since it will be quiet. Pierre asked if he planned anymore signage or lighting? Mr. Bemiss said he has not thought about it except he would like to paint the door to create a sign. He does not plan to add light. He said there is an existing light over the door which he changed to a motion light so it was not on all the time. He said the previous light shown into the neighbor’s large window. He went to her and told her if it was a problem to let him know. Ron said he should check the Zoning Law to see what is allowed for the total square footage for the sign on the door.

Outstanding items
1. Need to show the minimum parking spots (4) on the map to include a handicap slot and two for employees. Need to show a loading/unloading zone.

2. Need to show the square footage of the sign he wants to put on the door.

Note- the Board waived the vicinity map.

Planning Board Meeting March 16, 2009 Page 3


With regards to parking, Ron said the parking spots could be hand drawn on the map and could designate the first one for handicapped. Ron suggested limiting the parking for now and if Mr. Bemiss needs to expand that, he will have to come back before the Planning Board. Mr. Bemiss showed the Board a list of abutters within 500 feet and said he had spoken to each one.

The site plan will not be approved until Mr. Bemiss brings the revised maps back to be approved and signed by the Board. Ron said he would talk to Dave Cooper on this matter. Ron gave all maps back so Mr. Bemiss could write in the parking spaces. The Board will wait to hear from Mr. Bemiss.

Review and approval of the February 16th minutes
MOTION TO APPROVE AS AMENDED-Joe Davis
Second-Michael Belknap All in favor

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


Correspondence
1. February 2009 ZEO report
2. January 2009 ZBA minutes
3. February 2009 draft ZBA minutes
4. Bill for services rendered thru 1/31/09 from Whiteman, Osterman, Hanna


Additional business
1. Ron updated the Board on the cell tower. Mr. Ciolfi said the ZEO should make the inspections and said he could get any engineer to inspect them for $500.00. He felt Linda’s estimate was too much. Ron thinks Mr. Ciolfi and Ms. Stancliffe will get together for a quote on how much this would cost. Jennifer said the $1500.00 estimate was not excessive and did not think Mr. Ciolfi should be able to say it was. Ron said the contract which allowed Mariner Tower to review all bills in advance was decided by the Town Attorney and the Town Board and Mariner. The Planning Board had no input on that. Ron then stated Mariner Tower hopes to be at the April meeting and hopes to have bonds ready as well as a geological study. They might even have a letter from the manufacturer concerning the acid wash. They hope to wrap it up at the April meeting.

2. John Hoyt was in the audience and asked to address the Board. He said he owns parcel
Planning Board Meeting March 16, 2009 Page 4



39-1-14.1 which is 100 acres on Stony Kill Rd. This was previously subdivided into 60 acre and 40 acre parcels. He would like to put the parcel back together. It has a house, barns and a seasonal house on it. The Board said he would have to do a Boundary Line Adjustment on it and he would need the following:
-need a copy of the old map
-need a new surveyors map (7 copies)
-need to review the other Boundary Line Adjustment requirements in the application.

The Board will wait to hear from Mr. Hoyt.

3. Ian had drafted a letter about windmills for the Town Board. Michael thought this letter had been sent and it had not. Ron would like a copy sent to the ZBA for their input. Michael feels this Board should discuss it before it goes anywhere. Michael has reservations about this Board drafting a law. He suggested hiring someone to go over it. Ron hoped the letter would be a request to form a committee. Pierre does not think a lot of money needs to be spent on this since there is a lot of case law on this subject. Pierre thinks Dave Everett should look it over. Ron does not want this Board to do it, he would like the Town Board to do it. Pierre does not see the need to even go into this subject. Ron feels the ZBA is leaning towards giving someone a Special Permit if a request comes in. Ron feels strongly the Town Board should decide in what direction this topic should go; move forward or drop it. Joe said doing nothing is wrong. Jennifer feels the draft should be rewritten so the Town Board needs to take action. Michael said this draft was Ian’s and Ron asked Michael to draft something for the April meeting.

4. Pierre asked about the Flint’s Crossing moratorium. Ron said he had asked about it and nothing has been done. It has been several months. Pierre said you have to show progress in the 6 months of the moratorium or it may not be allowed to be expanded.


There was no more business before the Board.

MOTION TO ADJOURN-Joe Davis Second-Michael Belknap All in favor

The meeting was adjourned at 8:43pm.



Respectfully submitted,

Tammy C. Flaherty
Planning Board Clerk

Back to index of Meeting Minutes