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

Chairman Cooper called the meeting to order at 7:00 p.m. with three people in the audience, two of whom were candidates for the board.

Motion by Pat Liddle with 2nd by John Stelling to approve the December 30, 2008 minutes as submitted. All in favor.

David says he discussed the subject of alternate members of the board with the supervisor. He also contacted the county planning board chair, who sent a list of towns that had adopted alternates. He contacted some and received a response from Chatham ZBA chair David Everett, who said they have passed the law but have never put an alternate in place.

David Cooper thinks it is an excellent idea—anyone appearing before this board would always have a full board, which is beneficial to deliberation and exchange of views. Ann Pearce asks if we have six people and the appeal goes over several meetings at which there is a variety of attendees, who votes?

David says if the alternate starts with the case, the alternate is obligated to stay with the file. The town has to adopt a resolution that the ZBA can have an alternate member. The alternate has the same responsibilities as any board member, especially conflict of interest. David will draft a letter to the town board saying this is what the ZBA wants to do. David wants to wait for a full board before we nominate a deputy chair.

Discussion of state town law that allows an alternate member. The town has to decide to have five or seven members. There must be an odd number. The law gets vague saying that the town can adopt a resolution to have an alternate member or members of its planning and zoning boards. The town board doesn’t want to interview candidates for these boards; they want the boards to do it themselves.

Pat Liddle asks who is responsible for setting up the criteria for the operation with the alternate. David thinks the town board will pass it back to us, we will have the alternate in place and we will train them.

Ann Pearce asks David, you would like to pass a motion to recommend members to the town board, then a motion that we want to approve an alternate. We need two motions?

Pat Liddle asks again, what are the nuts and bolts of how this will operate? Do we take on the alternates without a clear idea of their duties? David reads the statute. It is to resolve an issue of conflict of interest. Alternate members have all the obligations of regular members. David thinks once there is a resolution in place, the chair can simply appoint, although David would not be comfortable with that. David does not know how specific the conflict of interest is.

David also spoke to the county planning board chair about interviews, who advised they should be one by one before the board. It is not as formal as a public hearing.

Discussion with applicant Sandy Haakinsen:
David read her letter aloud. She is John Stelling’s daughter. David had asked the Canaan board of ethics to review for concerns. They were OK with it. Discussion of the function of the board as an administrative extension of the zoning laws. Applicants must be aggrieved. The board can’t make laws but resolves specific problems that arise. Ann Pearce explained that the zoning officer is the gatekeeper. Problems come to the ZBA when there are conflicts. Pat Liddle asks how Sandy feels about protecting the ridgelines. Discussion. Discussion of process of accepting files and conducting hearings. Sometimes matters can get heated. Four hours of training are required per year. John Stelling mentions that terms are staggered five-year terms because we have five members. The new member will complete the vacant term. If we take on an alternate, that will presumably be a five-year term. Three or more members doing something together constitute a meeting subject to the open meetings law. Sandy asked how many cases are there a year. Usually 12 but in 2008 we had only three.

Discussion with applicant Bill Wallace:
David read his letter aloud. Because Bill is a practicing architect, David asks if he perceives having a conflict of interest. Bill says it could happen because he does a fair amount of work in Canaan, although so far none of his cases have come before the Canaan ZBA. Bill has been the Canaan zoning officer and understands the function of the ZBA. Discussion of his understanding of the process. David asks what a conflict of interest would be in Bill’s situation. Bill would go before the board for the client and he’d have to recuse himself.

Ann Pearce thinks the situation is ideal. We could name Bill to the regular seat and Sandy as the alternate. Both candidates are agreeable. Motion by David Cooper to recommend Bill Wallace be appointed to fill Jean Dickason’s vacancy with 2nd by Ann Pearce. All in favor. Motion by David Cooper to request an alternate member and nominate Sandy Haakinsen to be this alternate ZBA member based on Article 16 Zoning & Planning Section 267.11 of the NYS Town Law regarding alternate members. John Stelling says we need to tell them the term of the alternate, which he recommends should be annual. 2nd by Pat Liddle. All in favor.

David thanked the applicants for their interest. Pat Liddle will not be able to attend the February meeting. Motion by John Stelling with 2nd by Pat Liddle to adjourn. All in favor. Adjourned at 8:05 p.m.

For the board,



Julie Alexander, Clerk

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