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

Chairman Cooper called the meeting to order at 7:17 p.m. with 5 people in the audience. The purpose of the meeting is to continue deliberations on File 2009-3, Robert Bemiss, and if there is time, to review the new zoning law. At the last meeting we continued deliberations and reached a tentative decision to approve the request for a use variance and also a special permit. Mr. Cooper offered to prepare a draft decision, and the members agreed. Mr. Bemiss got site plan approval from the Planning Board and knows what has to be done. Now we can discuss it and vote on a decision, or modify it. Both Pat Liddle and John Stelling are familiar with the minutes and can participate in the decision.

Mr. Cooper read the draft decision. The large barn also abuts the side yard. There is no side yard. If the survey is accurate, it runs off a little bit in the front too. Mr. Cooper got the sales information from a realtor. As Mr. Cooper wrote the decision, he went and looked at all the uses, none of which seemed appropriate. Part of Mr. Bemiss’ application mentioned an allowed use of “art gallery, ”which stood out. In light of Mr. Bemiss’ description of the use that he wants, it would be a leap of faith to lump everything in with the art gallery. The scale and scope of what they are doing renders the art gallery a secondary proposition, although it will be present and should be part of the decision.

David read the “Special Use” section of the draft decision. It complies with the size, it is all under cover, it has all the Home Occupation factors that are already listed. Without knowing it, Mr. Bemiss is complying with them. The only thing he is not describing is a residence, and this is the rationale for needing a use variance. It is not logical or feasible for there to be a residence on the property (lot area, topography, cost, proximity of negative factors, e.g. road & railroad, and over-all quality of life issues). The rationale is that the Board is varying the need for a qualifying residence (this is the use variance).

Mr. Cooper noted his suggested conditions for approval. Pat Liddle suggested a minor correction to “(one employee or less)” in the Special Use section. She feels it is not possible to have a business with less than one employee. Mr. Cooper said that if the board agrees to a home occupation Mr. Bemiss can have up to two employees. Ann Pearce suggested the last sentence read in part “any changes would require review.”

Mr. Cooper advised Mr. Bemiss, if the gallery becomes the most important use, he should come back to the board to make it so. Then he can set up definite hours, etc. Mr. Bemiss can have more than one home occupation in a unit but he can’t exceed the square footage for the occupation (although there have been exceptions to that).

The Board feels comfortable with the decision that was read. We will get this decision to Mr. Bemiss, the Canaan Planning Board, the Columbia County Planning Board and the Zoning Officer. Pat Liddle made a motion to approve the decision as corrected with 2nd by John Stelling. The Chairman indicated that a motion has been and 2nd to approve the decision for 2009-3 by Mr Robert Bemiss. The clerk polled the board:

David Cooper: Yes
Ann Pearce: Yes
Pat Liddle: Yes
John Stelling: Yes

The decision was approved unanimously by the members present.

Mr. Cooper made a decision not to start reviewing the zoning at this meeting; he would rather do so when all board members are present.

Motion by Ann Pearce with 2nd by John Stelling to approve the draft minutes of the March 26th. All in favor.

Motion by Ann Pearce with 2nd by Pat Liddle to adjourn. All in favor. Adjourned at 7:40 p.m.

For the board,


Julie Alexander, Clerk

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