ZONING BOARD OF APPEALS
TOWN OF CANAAN
COLUMBIA COUNTY, NEW YORK
Special Meeting--March 12, 2008

Present: David Cooper, Ann Pearce, Pat Liddle

Chairman Cooper called the meeting to order at 7:00 p.m. with six people in the audience.

The business before the board is to continue deliberation on File 2008-1, James Simmons. A letter from Andrew Howard was received, recusing himself because of his appointment as attorney to the Town of Canaan.

John Stelling is ill and unable to attend. He sent deliberation notes via email which have not been opened by David. David tried to get guidance from the state on how to proceed but was unsuccessful.

David wants to continue the deliberation until the regular meeting when John might be better and when David will have guidance on John’s notes. Pat and Ann would prefer to resolve this evening if possible.

Motion by Ann with 2nd by David to deliberate tonight without entering John’s notes into the record. All in favor, no opposed. Motion carried.

Pat Liddle says she went to the site and was not impressed with the height reduction of four feet. She wants to protect the neighbors from having something visible. If the septic were moved to the other side with no trees or limbs cut near the Wistorts, even with 45 feet the tower wouldn’t be above the tree line. But how would the town ensure the trees were not cut? She is not sure how the town could enforce a restriction.

David says we could pick a specific distance to the boundary and declare it like a conservation easement, precluding any changes to the area. None of the canopy could be penetrated. Pat thinks the Wistorts shouldn’t have to deal with the tower. Four feet is not a big reduction. She would like to be able to work it out somehow. The question is what conditions are reasonable?

David says the board can establish reasonable parameters. If the appellant can’t conform, he can’t do it. The parameters can be set up so they can’t be violated. There needs to be a mechanism to enforce. David says there may be engineering issues regarding the location of the septic. He thinks the board needs some outside advice.

Ann says that over time adherence to the parameters could erode…we can’t ensure everything. David says a problem is a majority of the board, three votes, is needed to pass. Unless we can really agree, we should investigate whether what Pat suggests is possible. Ann says we could seek advice of outside counsel or someone from the state. David doesn’t think an absent member can input in writing. He doesn’t know the wording on how to make something binding.

Pat wants to give the neighbors some protection. The tower doesn’t provide a view unless trees and limbs are cut. Pat doesn’t want the neighbors to have to look at it. Looking for another way.

David asks, if the board’s intent is to continue natural screening, is that enforceable? It would be a make-or-break issue for Pat, unless they come down to 35 feet. Pat wants to restrict 75-100 feet from the boundary line back by 200 feet lineal length along the Wistorts’ line as a “visual buffer.” Ann says we need to find out if it’s possible to write it into the decision, if that’s considered reasonable. David feels it’s critical that those trees stay, certainly within 50 feet. Part of the effect of breaking the outline of the structures requires intact trees. Ann says the buffer also protects the applicants.

Discussion of the date for the next meeting. Motion by Pat Liddle to move the regular meeting to Friday, March 28th, with 2nd by Ann Pearce. All in favor. Motion by David to continue deliberation for 2008-1 to March 28th, specifically with discussion of a conservation easement to provide a visual buffer, maintaining a natural screen in perpetuity. David will find out if 75 x 200 feet is possible, enforceable, and reasonable. David will research wording of a tree easement. 2nd by Ann Pearce. All in favor, none opposed.

Motion by David Cooper to adjourn with 2nd by Pat Liddle. All in favor. Adjourned at 7:30 p.m.

For the Board,



Julie Alexander, Clerk

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