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

July 31, 2007

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

Chairman Cooper called the meeting to order at 7:00 p.m. with 11 people in the audience. There are two hearings to be conducted and one file to be considered.

Motion made and seconded to approve the minutes of the June 26th meeting as submitted. All in favor.

2007-4: To the best of our knowledge, Ms. Graziano has not been to the Planning Board so that hearing remains continued.

2007-5: Mr. Cooper read the legal notice and the response from the Columbia County Planning Board. Ms. Crosby had provided the ZBA a copy of the NY State regulations governing pre-schools and presented her mailing receipts. Mr. Cooper had found the 1995 Lisa Hatch decision and gave a copy to Ms. Crosby. Planning Board review is still in process and she is due at their next meeting on August 20th. Mr. Cooper read the letter dated July 3rd from Mark Frederick, Head of Trustees of the Canaan Congregational Church. The Planning Board wants a better parking plan, namely three spaces for staff and 20 spaces for the maximum 20 children who will be dropped off by their parents. Ms. Crosby plans to provide a scale model of the parking spaces with a color-coded system. The Planning Board will not allow her to use the public parking at the former post office site. Chairman Cooper read a letter from Marguerite Richmond. Neighbor Andrea Koppel raised a concern about the joint driveway between the church and another residence. Ms. Crosby has been in dialogue with them and they are not opposed to her plan. Ms. Koppel’s concerns center around safety. She says that on Sunday one can hear screeching tires. The ZBA will send a copy of our minutes to the Planning Board before their August 20th meeting so safety concerns can be addressed. The Planning Board has also asked Ms. Crosby to research county and state sign requirements. Discussion of the pros and cons of entrance and exit on Routes 295 and 5. Ms. Crosby will submit a copy of her parent handbook to the ZBA when it is completed. Motion by David Cooper with 2nd by John Stelling that ZBA adjourn the hearing and reconvene when there is an approved site plan in place. All in favor. Hearing adjourned at 7:28 p.m. Will be reconvened at the first ZBA meeting after an approved site plan.

Hearing on 2007-6 was convened at 7:29 p.m. Chairman Cooper read Mr. Weisbuch’s letter dated July 8th and Mr. Weisbuch presented his mailing receipts. He presented his site plan to the Board saying that the house has no storage space, which they need. There is only one area on the site that can accommodate a shed, and that would be 15 feet from the road. They can create the shed without disturbing the surrounding gardens and trees. They will only have to remove a few small shrubs and trim the pine canopy a bit. Mr. Weisbuch distributed an 8 ½ x 11 site plan showing the proposed shed’s placement. They can’t go back farther without cutting down mature pine trees. The shed would be the same color and style as the house. There is a lot of natural screening between the proposed site and the road. They would add a hedge row in any spots needed. The shed would accommodate all their storage needs. Mr. Weisbuch affirmed to John Stelling that there would be no entry to or exit from the shed from the County Route 5 side. Audience member Jim Leffler, who cares for Mr. Weisbuch’s gardens, said the shed would be 5 feet lower than the road. He feels there are no safety issues, it is far enough from the road. A small (10 feet) stockade fence is an entrance to the pond if needed. The shed would be closer to the road than that fence: the west side of the shed would be 15 feet from the road and the fence is 25 feet. Ann Pearce said Mr. Weisbuch could move the shed to the area of the fence, but Mr. Weisbuch said that would be near the pond where they are not sure of the soil’s weight bearing ability. Around the pond are oak, pine, and other shrubs and trees and scrubby grass with ferns and native viburnum. The proper gardens would border the shed and wrap around in some parts. Motion by Ann Pearce with 2nd by John Stelling to close the hearing at 7:58 p.m. All in favor.

Chairman Cooper read file 2007-7 by Robert & Libby Berner at 7:59. James Dixon, Architect, is the Berners’ representative. The site is the former Linda Hosner property. Mr. Dixon presented plans for a new house which would replace the present three structures. They have received an opinion from NY State DEC and will have a 100-foot setback from the Queechy Lake. The Board asked for measurements to be taken from the center of the roadway. The drawings’ scale is incorrectly stated: it is 1:400’ rather than 1:200’. The Board wants the aggregate square footage of the present and proposed buildings. Mr. Dixon stated it is 3500 now and would be 3000. The present 3-bay garage will be a 2-bay and the driveway is off County Route 30. Mr. Dixon provided a copy of the DEC letter for the file, which Mr. Cooper read aloud, and will want a copy of the wetlands permit when it is granted. Mr. Dixon submitted the pictures he used in his presentation. The Board asks Mr. Dixon to measure the distance to the nearest cross street (Route 22). They want the rationale why they want the house in the proposed location as opposed to the setbacks they do have. Mr. Dixon said the county indicated the present leach fields are OK but they will replace the septic tank. The Board wants a copy of the letter from the county on the septic system. Motion by David Cooper with 2nd by Ann Pearce to accept the file on the condition that the applicants provide the Board the requested items. All in favor. The hearing will take place on August 28th at 7:00 p.m.

Deliberation on 2007-6 began at 8:16 p.m. John Stelling is OK with it as long as there is no entrance/exit from the County Route 5 side. There is a lot of natural screening and the side yard setback is more than is needed. Jean Dickason said the 5 feet below the road level helps. There is an aesthetic consideration for the gardens. This is a storage shed, not a garage with commensurate activity. Motion by Jean Dickason with 2nd by Ann Pearce to allow the variance as submitted with the condition that there is no entrance or egress on the County Route 5 side and the natural screening is maintained if there is no safety issue. The clerk polled the board:

David Cooper: Yes
Ann Pearce: Yes
Jean Dickason: Yes
John Stelling: Yes

All in favor. The appeal is approved. David Cooper will write a timely decision letter and the Zoning Enforcement Officer will have a copy so he can issue a building permit. Deliberations ended at 8:25 p.m.

Chairman Cooper asked Supervisor Flaherty the status of Local Law 2 (Flint’s Crossing moratorium). It has been sent to the secretary of state but we are awaiting official word of receipt. David reiterated to Gary that John Stelling will be the ZBA’s representative on the committee.

David asked Tammy Flaherty, Clerk to the Planning Board, the status of the Ann Graziano B&B. Tammy told the ZBA that she told Ann to get her Planning Board application from the Town Clerk’s office along with the maps. Tammy has not yet heard from Ann. Tammy advised that Ann did not portray their conversation accurately at the June ZBA meeting. David recapped that we have 2 outstanding referrals at the Planning Board right now: Graziano and Crosby.

Motion by Ann Pearce with 2nd by John Stelling to adjourn at 8:32 p.m. All in favor.

For the Zoning Board of Appeals,



Julie J. Alexander, Clerk.

Back to index of Meeting Minutes