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

March 27, 2007

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

Chairman Cooper called the meeting to order at 7:00p.m. with an audience of 32. He also stated that the time noted in the Public Notice was incorrect. The matter before the Board this evening is Appeal 2007-2 for a review of the Zoning Officers decision for denial and to facilitate and have public comment to help the Board understand the nature of this use. Appeal 2007-3 has been withdrawn.

Ann Pearce made a motion to approve the previous meeting minutes as presented, Pat Liddle seconded the motion, carried.

Chairman Cooper read the public notice. The Board received an addendum to this appeal from Attorney Brian Baker regarding a presentation from the Office of Michael MacDonald. Mr. Baker read his letter to the Board.

Mr. Michael MacDonald, who was also present this evening read a letter on behalf of RD Clark & Sons in response to papers submitted by Attorney Baker.

Chairman Cooper asked Mr. Baker if he had anything to add. Mr. Baker asked the Board to review page 2 of his argument and referred to the property being composed of 2 separate uses. He conceded that business offices may be allowed in this area on Flints Crossing. In the document itself, the supplemental narrative specifically says that 22% of the largest portion of the building is the garage and 66% of the building is to be used for storage which is only 6% of the building. He also stated that the “office/ dispatch center” would primarily occupy the building. The time of operation is listed as 5 a.m. to 10 or 11 p.m. This is for trucks, not dispatch for employees.

An audience member asked if anyone knew what product would be coming out of there. Mr. Baker replied that it would be diesel fuel. Mr. Baker argued that trucks should be in the CIII Zone only and dispatchers in this building only.


Mr. Baker further commented that the Board in 2003 granted “by mistake” a Special Permit for Mr. Bervy. But the "Board is not bound by law or with their own decision making to set a precedent." Mr. Baker referred to page 17 of the Zoning Law regarding “accessory use. " He commented that it does not say anywhere that there could be heavy duty trucks and heavy equipment maintenance.

Mr. Baker referred to Mr. MacDonald stating that RD Clark never said truck fabrication. Trucks and heavy duty equipment are not delineated in the Zoning Law, it just says trucking. He also stated that “not mandating that decision regarding Bervy was involved” and he “believed it got through with out a lot of notice although the legal notice in the paper was probably out there.”

Chairman Cooper asked Mr. Mac Donald if he was a member of the New York State Bar and Mr. MacDonald stated no, other members of the firm were. He is an authorized representative of RD Clark and Sons.

Mr. MacDonald then stated that the diesel fuel would be above ground storage with full secondary containment and alarmed with lighting. Trucks would leave the location to a fuel depot such as Albany to O’Connell Oil.

A member of the audience asked why this was not going to be in a CIII Zone instead. Mr. MacDonald said that they had been looking for a piece of land there and have investigated many locations. He stated that “there has been all kinds of innuendo regarding what is going on and that a suggestion that we have maneuvered the process to get before the Board is untrue. We have followed the process and we have not lied to the Board or the neighbors. We are trying to conduct a business and follow the Zoning Official. As in the case of Bervy, the majority of use was for office space. Our large area is a garage. Regarding Use, you have to look at the Zoning Law and you look at trucking and you go no further." Mr. MacDonald suggested that the Board look at page 17 of the Zoning Law. He stated that it says “trucking, materials transfer.” We don’t do this or fabrication. He asked the Board to look at the descriptions and stated that only motor repair is allowed there. We only change brake pads, oil, tires and do one year inspections as well as pressurizing tanks and keep track of how they hold pressure.

More discussion ensued between Mr. Baker and Mr. MacDonald.

A woman from the audience commented that the Board was here to protect the residences. They can’t have the windows open because of the diesel smell and the Board let’s stuff squeak through all the time. The road is not monitored for junk. Garbage trucks are carrying junk from Massachusetts and they should not be.


Another audience member stated that this Board was assembled to represent Canaan residents. You are here to represent us, why should we have to hire a lawyer.

Chairman Cooper stated that they filed an appeal with the Zoning Officer and the Zoning Officer, based on the information that was provided to him, felt this appeal met the Special Permitted Use requirements under the Use Table.

Chairman Cooper stated that the reason we are here is because RD Clark Company requested an appeal to the decision to get all of the information so the Board could rule on Mr. Bartletts request. That will determine how the original appeal is determined or decided.

Audience members continued to express their concern regarding the "leftover" material in trucks after they have delivered their load and why the building needed to be so large.

Jean Dickason inquired about the noise level especially when they were still in the garage. Mr. MacDonald stated that the trucks attach to trailers and then they move them. He referred to a previous letter regarding the noise level and stated that the starting of trucks is not a contributor to the noise level due to the topography because this site is heading down hill. The CSX tracks block out any other noise.

Mr. Baker commented that when the trucks back up there is lots of screeching. Another audience member stated that they can hear the garbage trucks backing up and there is a lot of garbage on Flints Crossing which needs to be cleaned up. He also stated that we need to resolve the old issues before we have more coming in.

Chairman Cooper stated that when the Board and the audience is satisfied that they have all the information they need, a full SEQR review will be done to address all the hazards.

Discussion between the audience and the Board continued. The chairman asked the Board and the audience if they had any more questions that were pertinent to this appeal and there were none.

Chairman Cooper stated that the function of the Board is to act on the things that come before them. They can't be pro-active. Anyone who comes before the Board has to have standing, Mr. Bartlett does. The Board is obligated to facilitate a hearing and deliberate and make a decision based on facts as they were developed in the hearing and on the application.


Pat Liddle made a motion to close the hearing at 9:05 p.m., Ann Pearce seconded the motion, carried. Chairman Cooper made a motion to adjourn for a five to ten minutes, Ann Pearce seconded the motion, carried.

At 9:15 p.m. Chairman Cooper opened the deliberations and stated that the Board had 60 days to render a decision.

Ann Pearce commented that the Board needed to interpret whether the Zoning Officer made the right decision, considered with a Special Permit.
David said the Board could modify the Zoning Officer's decision and state why they don't agree with his decision and state the facts why. TRhey can also modify the decision to make it a Special Permitted action. That's what the Board is charged with. Davis also asked the Board if reviewing the Bervy decision would help the Board in any way.

Ann stated that she looked at the things that were discussed then and she felt that this appeal did not apply to the Bervy appeal. Pat Liddle agreed with Ann and stated that Mr. MacDonald's rationale is right when looking at trucking in the Zoning Law. Trucks is just a list of various things and it is not stating what is proposed to fit in the CII Zone. To her this is a trucking company and that does not fit in the CII Zone.

Mr. MacDonald stated that offices may not be a major component of this business. In the Bervy application, the aspect of heavy trucks was occasional, not an everyday function. He continued to make comparrisons to the Bervy application to the Board. He asked the Board to see all the different aspects of a trucking company. The trucking company itself appears to be vewry good business owners and they are focused on what they do. They take pride in their business and it is their job to see that it fits in with the zone.

Ann Pearce commented that the Zoning Officer may not have known the scope of how big this is. Chairman Cooper stated that he is not sure he made a bad faith decision and he can understand how he got there. Whether he agreed with it is irrelevant. More of the operation had been exposed during this hearing. The Board now has a good understanding of what the scope and scale is. The Board needs to be concerned with the grade crossing and if this is a request for a Use Variance. The Board also needs to be concerned that this is compatible with the abutting land.

The Board continued to discuss a Special Permitted Use and the SEQR process and whether this fits the parameter of the Zone.

Ann Pearce did not feel that the scope fit in with the decision of the Zoning Officer. Pat Liddle commented that this is a principal trucking company, she did not feel that this is permitted in the CII district and stated she couldn't see where it would fit in any other area. Any trucking company will have an office. The fact that they have a large number of trucks and not a professional or business office did not make sense to her. It is the job of the Board to sift these things out.

Chairman Cooper asked the Board to look over the definitions in the Zoning Law again to see if the Board has left anything out. The decision will have to have facts.

Ann Pearce made a motion to inform the Zoning Officer that his decision should be changed because of the scope and the location. Pat Liddle seconded the motion and asked that specific figures be addressed in the decision.

Chairman Cooper stated that the principal focus is trucking or a trucking depot which is not permitted in the CII Zone. The portion of the road in reference to the railroad crossing is not pertinent to this matter.

WIth a motion having been made and seconded to deny the appeal, Chairman Cooper polled the Board; Chairman Cooper -yes, Ann Pearce- yes, Pat Liddle-yes, Jean Dickason- yes. All in favor to deny the appeal, carried.

Pat Liddle made a motion to adjourn the meeting at 9:50 p.m., Jean Dickason seconded the motion, carried.

Respectfully submitted,


Barbara Fischer
Acting Secretary

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