ZONING BOARD OF APPEALS
TOWN OF CANAAN
COLUMBIA COUNTY, NEW YORK
January 29, 2008

Present: David Cooper, John Stelling, Pat Liddle, Ann Pearce

Chairman Cooper called the meeting to order at 7:00 p.m. with 11 people in the audience. Motion by John Stelling with 2nd by Pat Liddle to accept the December minutes as presented. All in favor.

There were two matters before the Board. The public hearing for file 2007-9 (Amy Barrett) had been continued at the appellant’s request. There was also a file to consider, which was taken up first.

James H. Simmons, who had submitted File 2007-8, has submitted a modification to the original file and has requested we consider as a new file. David Cooper read the application, which will be File 2008-1, and reviewed the submitted plans. Motion by Ann Pearce with 2nd by John Stelling to accept the file unconditionally. All in favor. Hearing will be on February 26, 2008 at 7:00 p.m.

Next Mr. Cooper began the public hearing on File 2007-9 by reading the legal notice. He then reviewed the history of the file, asking the appellant for a summation of the project so far. Ms. Barrett explained that they had bought the Mal Soderston house with the intention of renovating it but found it too old (80 years) and so decided to demolish it and build a new house. They are trying to stay within the character of the original house while updating.

Mr. Cooper discussed the reasons for the original request for an interpretation, that it was a non-conforming setback and could it be continued if not expanded.

Mr. Cooper suggests we continue with the hearing to gather as much information as possible. We might continue to next month if we don’t have enough information to make a decision. Architect Patrick B. McConnell had discussed the matter with Zoning Office Pat Pulver, who was not comfortable approving the request on his own but felt they would probably be OK if they stayed within the footprint as much as possible.

Mr. Cooper said you can make additions to a property as long as you don’t exacerbate a non-conforming setback. He read from Article IV,A.1.(b) on Page 12 of the Zoning Law. He stated that the Barrett’s lot would be considered a conforming lot because it was “grandfathered” at the time the zoning laws went into effect.

At issue is whether or not the entry port encroaches more into the lot. It is not staying within the original non-conformity by approximately 6 feet. The Zoning Officer has not seen the newly submitted plans. Very few of the Queechy Lake lots would be conforming.
Pat Liddle had a discussion with the architect about the entry porch design. There would be a few steps up to a platform, the steps being inside the porch. A question from neighbor George Kerner about parking: he feels because the driveway ends by the right-of-way, there would not be enough room for parking in the current design. There was a review of maps and charts with the architect and members of the audience to help orient features of the lot.

There is a common right-of-way shared by three lots. It’s in the Barrett deed as 18 feet. There is nothing in the Barrett deed about a boat ramp, although the previous owner allowed people to use it until a better boat ramp was built. Ms. Barrett expects the parking area to be on the east side of the building, which was an improvement according to Mr. Kerner. He stated that the footprint appears to be so close to what’s there now that it probably won’t be a problem.

A couple of people in the audience asked about elevation. The Board would like to see the elevation and how the parking will be worked out. Mr. Cooper wants the public notice for the continued hearing to read “an area variance for a front yard setback.”

The Board asked the architect if the septic is OK, and would they be able to build a foundation with the amount of rock that is there. They will need a DEC wetlands permit to demolish. Columbia County wants people in that area to leave their septics undisturbed. Ms. Barrett said the septic was deemed fine by the inspector and they are aware of the regulations.

Motion by David Cooper with 2nd by Ann Pearce to continue the hearing on February 26, 2008 at 7:00 p.m. with notice in the paper that it’s a request for an area variance for a front yard setback. Also the appellant should provide drawings on elevation and parking by February 11th.

The Board gave the appellant the go-ahead to start their proceedings with the DEC to enable them to gain all needed permits for ZBA approval.

The clerk brought a request by Amy Lundy to delete from the November 27, 2007 minutes the reference to her being on the Canaan Planning Board when she raised her question about the Simmons septic fields (File 2007-9). She had raised the question as an interested citizen, not as a planning board member. Motion by David Cooper to strike with 2nd by Pat Liddle. All in favor.

Motion by John Stelling with 2nd by Pat Liddle to adjourn at 7:55 p.m.

For the Zoning Board of Appeals,


Julie Alexander, Clerk.

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