Zoning Board of Appeals
Town of Canaan
Columbia County, New York

January 30, 2007

Present: David Cooper, John Stelling, Pat Liddle, Ann Pearce
Absent: Jean Dickason

Chairman Cooper opened the meeting at 7:15 pm with an audience of 16. The Town Board has asked the Board to appoint a chairperson and deputy chairperson. Motion by Ann Pearce with 2nd by Pat Liddle for David Cooper to continue as Chair. All in favor. Motion by Ann Pearce with 2nd by Pat Liddle for John Stelling to continue as Deputy Chair. All in favor.

Motion by John Stelling with 2nd by Ann Pearce to approve the November 2006 minutes as submitted. All in favor.

Mr. Cooper read aloud the complete application from R. D. Clark & Sons, Inc. of 141 Sebethe Drive, Cromwell, CT 06416 for a special permit for a motor vehicle service station for truck or heavy equipment maintenance at 106 Flints Crossing Road. Mr. Peter Bartlett of 146 Flints Crossing Road submitted a packet for consideration by the Board, which Mr. Cooper set aside for the time being.

Mr. Cooper asked the Board if they need anything else to consider this file. Ann Pearce said there is no reference to the surface paving of the site except for 100’ of the driveway from the edge of the road. The landowner, John Kie, said the parking area will be paved with asphalt. He submitted photos of an identical site operated by the applicants in Cromwell, CT. Mr. Cooper accepted the photos even though this was not the hearing. Mr. Kie stated the project is nothing more than a private garage to service their own trucks, a duplicate of the CT facility but scaled up by 2000 feet.

Mr. Michael E. Macdonald, Esq., and Mr. Robert E. Hoogs of Foresight Land Services are the authorized representatives of R. D. Clark & Sons. Inc. in connection with this matter before the Board.

Pat Liddle asked how the Board can identify the site on the property. Mr. Hoogs presented site plans showing the location. Mr. Macdonald indicated copies of these plans have been presented to the Planning Board and submitted for the ZBA. Mr. Hoogs showed maps, site plans, topographical survey, site drainage plan, detail of driveway, elevation and floor plans.

Mr. Macdonald addressed the interior plan of the building because some issues have come up in the Planning Board discussion. Work done in the garage will be routine maintenance, changing tires, wheel bearings, etc.

Ann Pearce asked if the Board would be able to see the area of the proposed driveway when they go to the site. Mr. Hoogs responded that it has been flagged.

Pat Liddle asked if the residence is going to be divided off, and Mr. Macdonald said yes. He added that Zone C-II is on both sides of the road to the State line. Ann Pearce and Pat Liddle commented that the residences there are not “non-conforming” because they were there before the zoning law came in. Mr. Macdonald said that the residence would stay. They would propose to subdivide the house parcel from the commercial parcel. They are prepared to deed-restrict the house parcel so it permanently stays in residential use.

Mr. Cooper asked Mr. Bartlett if it was his intention to request an interpretation of the Zoning Enforcement Officer’s decision and Mr. Bartlett indicated it was. The Board doesn’t want to be in the position where they accept the file, schedule a hearing, and the question arises whether this requires a use variance. Mr. Cooper advised Mr. Bartlett if he requests an interpretation, that will be taken up before the Board considers a use variance.

Mr. Bartlett said that in the Zoning Law, this type of activity is not allowed in the C-II district even with a special permit. It is allowed in C-III. There is land on Route 22 in C-III that the applicant could buy today on which to build this facility.

Mr. Cooper said the Board has to sort out how to proceed. He suggested that the first thing the Board needs is a long-form SEQR to help the Board sort this out. The residents on Flints Crossing are still within the time frame to request an interpretation. That will get the issue on the table. The ZBA can’t initiate.

Mr. Cooper asked what the Board wanted to do to proceed: accept the file as submitted, make a conditional assessment awaiting the SEQR? The Zoning Enforcement Officer has made a decision that this is a specially-permitted use.

Ann Pearce said the Board can accept the file as submitted conditionally, requesting a long-form SEQR. Mr. Cooper added, if someone challenges the ZEO’s decision. Mr. Macdonald said the issue is on the table because they have appealed the ZEO’s decision not to grant them a special permit. He added, if you look at the Bervy application down the road, the interpretations have already been made in that matter, and it was in C-II. It was referenced in the minutes that it was not disallowed because it was maintenance of their vehicles only. This is similar.

Mr. Cooper said he could see a difference, but it is for someone to make their case. Mr. Bervy was running an office and construction equipment. Mr. Cooper has reviewed both cases and is not uncomfortable accepting this file as a specially-permitted use. If the Board does so, they could reach the conclusion that it is different and would require a use variance. That might be where it should be sorted out.

Mr. Macdonald advised the Board to look at all the uses on the Bervy site. If you include the logging operation and its trucks and the parking lot down the road which is for 50 trucks not owned by the applicant, including some with refrigeration units, it is very similar to what is being proposed here.

Mr. Cooper wants to resolve one thing at a time. He asked for the Board’s pleasure. Pat Liddle said she doesn’t mind accepting the file conditionally. If the Board conducts a hearing next month, there may be other things that come up that we need. Pat is not sure now what to ask for until something comes up at the hearing. She wants to clarify what the status of property ownership is.

Mr. Cooper advised the Board if we accept this file as a specially-permitted use and the hearing progresses, we are constantly gathering information. When we deliberate, it is possible to put reasonable conditions on it for approval but can start a time frame.

Motion by Pat Liddle to accept the file conditionally as long as we get the proper maps, plans, and Part I of the long-form SEQR. She would also like a topographical site plan. Mr. Hoogs said he would submit 11x17 copies for each ZBA member along with the expanded SEQR. He added that the plans have been submitted to CSX and NYS DOT.
Mr. Cooper asked if there is any response, the Board would like to have it in the SEQR.

Mr. Bartlett said this is about 72 trucks up and down the road in one day. Pat Liddle told Mr. Bartlett that issue is for the public hearing next month.

Mr. Macdonald said the matter has been submitted formally to the Planning Board but they want the applicants to come before the ZBA first. Mr. Cooper added to the motion that the Board would like the narrative expanded, giving more about what will typically be happening on the site.

Mr. Bartlett said there is running water alongside the tracks and that the town fire department has said it would have a tough time coming on that site.

Supervisor Gary Flaherty asked if they ask for an interpretation and the ZBA sets a hearing for next month, how does all that come together? Mr. Cooper said he wasn’t sure. We will have to have the town attorney sort it out. He is not comfortable with the potential of what can happen here. Mr. Macdonald said it seemed the best time to have the interpretation is after the public hearing, with the data the Board is given in the hearing.

John Stelling 2nd the motion made by Pat Liddle and amended by Mr. Cooper. Mr. Cooper recapped that we have a motion made and 2nd to accept the file conditionally. The information we are requesting must be in hand 15 days before the public hearing, which will be on Tuesday, February 27th, at 7:15 p.m. Mr. Cooper told Mr. Bartlett that his submission will be read into the record at the hearing. (The Board will distribute a copy to the appellant. The Clerk will give Mr. Bartlett information requesting an interpretation of the ZEO’s decision.) Discussion between Mr. Cooper and the Bartletts about how to request an interpretation.

Tammy Flaherty, Clerk to the Planning Board, requested the ZBA write to the Planning Board before February 8th advising that the ZBA has accepted the file, giving the date and time of the hearing and including the conditions so that it can be put on the Planning Board’s agenda.

There being nothing else before the Board, motion by Ann Pearce with 2nd by Pat Liddle to adjourn at 8:32 p.m.

For the Zoning Board of Appeals,



Julie Alexander, Clerk

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