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

August 28, 2007

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

Chairman Cooper called the meeting to order at 7 pm with 8 people in the audience. Motion by Jean Dickason with 2nd by John Stelling to approve the July minutes as submitted. All in favor.

Ann Graziano has withdrawn Appeal 2007-4. Motion by David Cooper with 2nd by John Stelling for the Board to accept her withdrawal without prejudice so she won’t need a supermajority if she reactivates the appeal. All in favor. Clerk will notify her.

Reconvening of hearing on 2007-5 by Anita Crosby. David Cooper read the August 23, 2007 letter from the Planning Board advising they approved the site plan on August 20th with the stipulation that cars enter from County Route 5 and exit on NYS Route 295. Members of the Planning Board drove the different possible entrances and exits: If traffic proceeds from east to west, someone on 295 traveling at the speed limit has no leeway for safety. They also stipulated that there can be parking for no more than 13 cars. One staff member will act as a crossing guard, and there will be a maximum of 20 students. Drop-off and pick-up will stagger if there are more than 13 cars. David Cooper read Columbia County Planning Board’s letter of July 13, 2007 giving the Canaan ZBA final action with a simple majority vote. Ms. Crosby submitted the parent handbook, which contains direction on parking. There is no need for signs. Jean Dickason asked questions about the parking spaces on the site plan. When Ms. Crosby receives a notarized letter from Tina, who owns the Whiteman house, she will be able to add 3 more parking spaces, for a total of 16. Ms. Crosby confirmed to Vivian Vispo that there will be no outside play time. Motion by David Cooper to close the hearing with 2nd by Pat Liddle. All in favor. Hearing closed at 7:15.

Hearing on 2007-7 Robert & Libby Berner convened at 7:15 with David Cooper reading the legal notice. DEC wetlands permit information is in the packet submitted by James Dixon. David Cooper read Mr. Dixon’s letter of August 13th containing the requested information. Discussion of county’s position on the acceptability of the present septic system. The DEC has taken the position that a permit is needed to tear down the old houses but has no concern re the septic. The county is concerned about a hold and haul system if it’s not well maintained so near the lake. The homeowners will monitor the present system and if a problem arises they will go back to the county. Jean Dickason noted that the new site plan has the proposed house moved farther away from the eastern boundary. Rosemarie Ansel from Berkshire Farm noted that the present garage is over their property line. Technically they could rebuild in the same footprint. Jean asked about the well being so close to the septic and was told a new well would be drilled. Motion by Jean Dickason with 2nd by John Stelling to close the hearing. Hearing closed at 7:33.

Deliberations on 2007-5 began at 7:33. Motion by David Cooper to approve as submitted with the approved site plan with 2nd by John Stelling. Jean Dickason: Regarding the number of children, is it all visualized and measured out? Ms. Crosby advised if the school is in session for fewer than 3 hours, there are less restrictive rules regarding the number of toilets, etc. Ms. Crosby expects about 13 children the first year, with a staff of 2. The clerk polled the Board: David Cooper—Yes; Pat Liddle—Yes; Jean Dickason—Yes; John Stelling—Yes. Appeal 2007-5 approved unanimously at 7:38.

Deliberations on 2007-7 began at 7:38. The Board will not challenge the county on the septic, and the DEC has no objection. New construction will resolve the boundary issue with Berkshire Farm. Jean Dickason concerned about intense use, even though only occasional. Motion by John Stelling to accept as submitted tonight with the modifications and amendments, with 2nd by Pat Liddle. The clerk polled the Board: David Cooper—Yes; Pat Liddle—Yes; Jean Dickason—Yes; John Stelling—Yes. Appeal 2007-7 approved unanimously at 8:43.

Discussion of upcoming classes. Motion by Pat Liddle to adjourn with 2nd by John Stelling. Adjourned at 8:45.

For the Zoning Board of Appeals,



Julie Alexander, Clerk

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