Present: David Cooper, Ann Pearce, Bill Wallace
Absent: Pat Liddle, John Stelling

Chairman Cooper called the meeting to order at 7:03 p.m. with 11 people in the audience.

Motion by Ann Pearce with 2nd by Bill Wallace to approve the February 24, 2009 minutes as submitted. All in favor.

File 2009-1, Mark Stephenson: No one representing Mr. Stephenson was in attendance. Motion by David Cooper with 2nd by Ann Pearce to send a letter to the Zoning Officer with a copy to Mr. Stephenson telling him that we are still waiting for a response from Mr. Stephenson. All in favor.

File 2009-2, Crist Byler: David Cooper read the legal notice, the March 18th Columbia County Planning Board response, the March 17th letter from Canaan Planning Board Chair Ronald Davis, Sr., and the March 18th letter from abutters Douglas Dudfield and Lesley Apt. David Cooper clarified that this application is for a special use permit, not a variance. Mr. Byler submitted his March 9th letter to abutters with receipts. Mr. Byler said he was unaware that an additional special use permit was required. David Cooper discussed the rationale. The Town would want to know if a use is changed and if it still fits in with the site plan. The Board had no questions for Mr. Byler. The Zoning Officer has given a list of criteria for Mr. Byler to be compliant with zoning regulations. Signage is directional only. Audience member Tammy Flaherty, Clerk to the Canaan Planning Board, said the Planning Board had no problems with signage. Mr. Byler said the Columbia County Department of Health has been contacted and has done water tests. He has been licensed under Ag & Markets. Audience member Gary Flaherty said a lot of people are very positive and excited to have that kind of business in the community. Wendy Dwyer said it is a pleasure to have them there. Bernie Meyer said it is a testament to the economic development the county is trying to encourage. David Cooper said it is basically a retail use, a small country store, a general multi-use store. David Cooper read Mr. Byler’s March 16th letter to the Board into the record. Motion by Bill Wallace with 2nd by Ann Pearce to close the hearing. All in favor.

File 2009-3, Robert Bemiss: David Cooper read the legal notice, the March 5th letter to the Board from Mr. Bemiss, and the March 18th response from the Columbia County Planning Board. Discussion of which zone the building is in, with agreement that it is in RA-1. Mr. Bemiss submitted his letter to abutters with receipts. He received no negative reactions from neighbors, although one neighbor had a few questions. Mr. Bemiss reported that he has no set schedule of operation yet, and he will not be working outside. There is a drilled well and a new septic. The property was on the market for about two years. The bicycle fabrication will require some light welding done inside without a lot of noise. Sculpture and jewelry work would be done inside with no foundry work. Mr. Bemiss went to the Canaan Planning Board on March 16th. That Board wants four total parking spaces, one of
which would be handicapped, indicated on the site plan along with a delivery/employee parking site. Mr. Bemiss will contact the County Highway Department as suggested by the County Planning Board in their response. Ann Pearce advised Mr. Bemiss that he will have to come back for additional special use permits if he wants to do additional things not covered in this appeal. Discussion of the requirements for signage. Mr. Bemiss intends to have simple signage on the door. David Cooper advised that Canaan Planning Chair Ronald Davis, Sr., spoke to him saying if the requested parking is on the map and if Mr. Bemiss describes the scale of the signage at the Planning Board’s April 20th meeting, they anticipate approval. Highway Superintendent Bernie Meyer gave a word of caution to Mr. Bemiss: when he contacts the County Highway Department, he should ask about any existing drainage easement agreements. There is a big drainage way going across County Route 5 to a catch basin under the parking area. Mr. Bemiss showed David Cooper its location on the map. Discussion of history of construction of the culverts and catch basin. The building is not in the commercial zone, hence the use variance along with a special use permit request. It is a large commercial building not suitable for residential uses. Mr. Byler says as a neighbor, he is happy that someone is making use of the property. Motion by Bill Wallace with 2nd by Ann Pearce to close the hearing. All in favor. Mr. Cooper says the ZBA needs the written approval of the Planning Board before we can vote on a final decision.

Deliberation:

2009-2, Crist Byler: David Cooper and Ann Pearce agree with the Planning Board that there is not a significant change. It is a better use of the space. Bill Wallace agrees—it is nice to get additional business in there. There is enough area for both this and the barbeque business on the lot. The Board understands the concept. Motion by Ann Pearce with 2nd by David Cooper to approve the appeal as submitted. The clerk polled the Board:

David Cooper: Yes
Ann Pearce: Yes
Bill Wallace: Yes

All in favor, none opposed.

2009-3, Robert Bemiss: Bill Wallace says it is nice to see the building used again. It’s always been a commercial use. The size of the lot and the configuration of the building are not residential in nature. Ann Pearce says the railroad, drainage culverts, location in relation to the road all lend themselves to a commercial operation. David Cooper says the proposed scale and nature, if it were a residence, would qualify as a home occupation. David Cooper will write a draft decision reflecting approval, and when everything is stamped we can review and formally approve if applicable.

Review of Austerlitz package re their proposed zoning law, educational opportunity from HalfMoon LLC re Smart Growth April 23rd in Albany, and proposed new Canaan zoning fee schedule. Discussion of zoning workshop: the clerk will poll the board via email for the best night. It could be done at the April meeting night if there are no files to review.

Motion by Bill Wallace with 2nd by Ann Pearce to adjourn. All in favor. Adjourned at 8:19 p.m.

For the board,


Julie Alexander, Clerk

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