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

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

Motion by Pat Liddle with 2nd by Ann Pearce to approve the minutes of the May 26, 2009 meeting. All in favor.

Consideration of appeal 2009-4, Teresa and Alan O’Brient, for a special permit for property located at Queechy Lake Road, tax map number 50.1-2-9. Chairman Cooper read the file. Pat Liddle noted some incorrect references to the Town of Schodack on the Short Environmental Assessment Form that is part of our package. We struck them on the O’Brient’s form and will eliminate them from our packages.

Bill Wallace noted that the property is in the RA-II zone and asks if it is a change of use. David Cooper stated that this is a change of an ongoing use. A change of owners and modification of an existing business.

Pat Liddle asked if the parking spaces are officially delineated on the hand-drawn site plan. Mr. O’Brient said the number shown is the actual number there. David Cooper noted that Mr. O’Brient has located and the sign on the informal site plan. Mr. O’Brient pointed out where customers would sit to eat. There will be both take-away and sit-down food. A restaurant has been on the site for a long time. This business will be primarily a store and the food portion will evolve. Mr. O’Brient says there is a market for some level of food service here. The people will tell us what they want. It is a viable location. To go back to a full restaurant is not in their plans in the near future. The lack of a septic system is a problem for a restaurant.

Mr. Cooper asked if Mr. O’Brient knows what is required for a septic system there to operate a restaurant. Mr. O’Brient said it is possible now to have one with the new technology but it would be very expensive. What is there now is a hold and pump system. A store would have a much lower impact on the septic system than a restaurant would.

Ann Pearce said there was a liquor store there in the past and some say before that there was an ice cream shop.

David Cooper said it sounds like the use is amorphous enough. From the business description that we have been given, we are dealing with retail sales. The business description includes potential service of food. We can get there easily.

Pat Liddle asked if this application for a special permit needs to be taken up. Mr. Cooper said yes. The zoning officer sent it to us and we should accept it. This will be the easiest way to make it clear.

The applicant has not yet been to the planning board. They are charged with doing the site plan. There probably is not one now. Mr. O’brient says he does not have one. Mr. Cooper told Mr. O’Brient that one of the things the board has to do is to forward a copy of the file to the planning board. Their requirements will be different from the ZBA’s. We also have to sent a copy of the file to the county planning board, who will want to see if there is any county-wide impact that they should comment upon. We are required by state law to do that. They could recommend non-approval, which would require a supermajority for us to approve.

John Stelling advised Mr. O’Brient that it is perfectly normal for him to be before the planning board and the ZBA at the same time.

Pat Liddle suggested to Mr. O’Brient that it would be best to put in his description the exact amount of space being used for eating vs. retail activity. She doesn’t want him to have to face anyone’s later objection to the parts of the building devoted to the store and eating. David requests he add more descriptive information about how the area will be used, that it depends on how things go. Just a statement that you will evolve—putting that on record in this file. That you are organizing this to get started generating revenue.

The ZBA will set a hearing date of July 28th at 7:00 p.m. Hopefully Mr. O’Brient will be well on his way through the site plan review process by then. We will then close the hearing and make our decision. We can’t take a final vote until there is an approved site plan in place. David discussed with Mr. O’Brient the roles of the planning board and the ZBA.

Mr. O’Brient thinks he will have to ask the planning board if there is a need to develop a site plan since this is a continued usage. He does not have a site plan. David advised him to talk to the chair of the planning board to help figure out how to do it. He suggested he use the zoning officer’s decision that the proposed use is a continuation of an ongoing use. There was a viable business until the last lease holder closed.

John Stelling said that on the application for a building permit it says a site plan must be attached. Mr. O’Brient said the zoning officer said we just need to see the dimensions of the building and the parking. There are no guidelines for what comprises a site plan. Pat Liddle said there is wording in the zoning law describing what a site plan is. Discussion of how one prepares a site plan.

Motion by Ann Pearce to accept this file as presented. David Cooper asks if we want to ask for an addition to the business description stating the things that Mr. O’Brient told us here. They key factors are: until the restaurant was closed, it was a viable business and for whatever reason, the owners find themselves with a business again, and they wish to continue. List how long you have owned the property. David Cooper made a motion amending Ann Pearce’s motion making it on the condition that we get a modified business plan. Ann Pearce 2nd that motion. All in favor. The hearing will take place on July 28th at 7:00 p.m. at the town hall.

Discussion with Mr. O’Brient about how to go about notifying his abutters.

Consideration of file 2009-4 concluded and the board next took up the new zoning law. They continued going over the definitions beginning on page 8, “Parking Space, Automotive.” David Cooper read the definitions.

Parking Space, Automotive: OK
Pond, Flatland: It would be good to have schematics illustrating flatland ponds.
Private School: OK
Ranch, Fur Bearing: OK
Recreation Vehicle: OK
Recreation Vehicle Sales Area: OK
Recreation Vehicle Service Area: OK
Restaurant: OK
Road: OK
Roadside Stand, Permanent: OK
Roadside Stand, Temporary: OK
Setback: There are two front yard setbacks. We were supposed to have some schematics. We think it would be good to follow through with the schematics illustrating setbacks.
Sign: Bill Wallace: If something is painted on glass, it is a sign. John Stelling: The motorcycle that was on Poppy’s restaurant was a sign.
Slaughter Facility: OK
Stable: OK
Storage Container: OK
Storage Container, Refuse Collection: OK
Storage Container, Temporary: OK, strike “*added”. See Article IX, subsection B.2.c.1.
Story: OK
Structure: OK
Structure, Minor: e.g. tree house, but it has to meet setback requirements.
Swimming Pool: OK
Telecommunication Facility: Article VIII, subsection D of the zoning law (not read)
Theater: OK
Transfer Station: OK
Use: OK
Use, accessory: OK
Use, nonconforming: OK
Use, permitted: OK
Use, prohibited: OK
Use, special permitted: OK
Variance, area: OK
Variance, use: David Cooper feels we are saying if you have a non-conforming use and you change the scale of that (enlarge it); it would require a use variance.
Veterinarian services: OK
Way: OK
Yard, front: OK
Yard, rear: OK
Yard, side: OK
ZBA: OK
ZEO: OK
Article III, Establishment of Districts OK
A. Districts OK
B. Zoning Map OK
C. Interpretation of Location of OK
District Boundaries 1-4

David Cooper said any time we get to a section where we think there needs to be clarification, we need to create a list at the end of our review.

Motion by Pat Liddle with 2nd by Ann Pearce to adjourn. All in favor. Adjourned at 8:30.

For the board,


Julie Alexander, Clerk

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