ZONING BOARD OF APPEALS
TOWN OF CANAAN
COLUMBIA COUNTY, NEW YORK

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

The meeting was called to order at 7:00 p.m. with one person in the audience. There were no files for review or hearing. Chairman Cooper wanted to continue going over the new zoning law and believes the board should meet at least every other month.

Motion by Pat Liddle with 2nd by Bill Wallace to accept the November 24, 2009 minutes as presented. All in favor.

Chairman Cooper and Planning Board Ron Davis have discussed the ZBA’s review of the new zoning law. The ZBA will continue going over the new law aloud; reading it aloud makes a big difference. The Planning Board can initiate things and is charged with examining local laws, etc., such as the method of making boundary line adjustments. They can consolidate laws and resolve inconsistencies of format based on input from surveyors, attorneys, etc. To make boundary line adjustments easier for applicants in regard to the required maps, they will now use one map showing the present lines and the changes. If some things are more complicated, they will have the discretion to ask for two maps.

They are working with NYS DOT to work out of the Flints Crossing moratorium,. There is a suggestion that the Planning Board and the ZBA think of which uses are compatible in that zone. DOT has suggested that the Town, to soften the moratorium, could place the responsibility for assessing traffic on the appellant if, in the course of review, traffic is a major impact.

John Stelling said there is a question about the road itself being suitable for truck traffic as it is. If the Town wants to improve it, we may run into eminent domain situations. David said the meetings were positive, talking about ways to use the existing bridges over the railroad to see if it is at all feasible to incorporate entry to the other side of the tracks using Edwards Crossing.

DOT and CSX recognize it is a unique spot. It is in the non-toll area of the interstate where there used to be railroad sidings.

Continued review of the new zoning law, beginning on Page 32 with 3. Review Standards. John Stelling asked to first go back to Page 31 B. SITE PLAN REVIEW. He wrote up a suggested replacement which is attached to these minutes. David read the present wording and John’s suggested replacement aloud and would like to include the suggestion in the proposed revisions. Review proceeded. Only areas where there are suggested changes are noted in these minutes.

3. Review Standards
f) Add the word “be” before “sufficient.”
k) It looks like Flints Crossing is taken care of by this.
4. Additional Information…
b) Text in this section should be indented to match other sections.
5. Changes in Use…Any amendment must go through the same process as an original. Cannot be waived. If a use is changed, a new site plan is needed.

ARTICLE VII – ZONING BOARD OF APPEALS
A. Establishment and Duties
6. Special Permits – ZBA does not approve special permits for cell towers.
7. Public Hearings and Determination: The ZBA puts itself in the place of the ZEO and makes a determination of the facts and becomes the enforcement officer.
9. Referral: The indentation is off. We could suggest to the Planning Board that they clean up some formatting errors. We are reviewing the law to aid ourselves in understanding it and also look for areas where syntax could be improved.

ARTICLE VIII – SPECIAL PERMIT USES
A. General Procedure…Numbers should be bold as in previous sections.
B. General Standards
e) John Stelling said the words Church and House of Worship are listed in the definitions in front and should be capitalized.
3.b)5) Front Yard Setback should not be capitalized.
3.b)6) Side Yard Setback should not be capitalized.
3.b)7) Rear Yard Setback should not be capitalized. Discussion of through lots.
3.b)11) “vehicle” should be deleted.

Review ended at the end of ARTICLE IX – ADMINISTRATION AND ENFORCEMENT, A.3. on Page 41.

David mentioned that the Town is looking for people to be on the ad hoc committee on windmills. If anyone is interested, they may want to apply. John mentioned that, as things stand now, some windmills would exceed our 35-foot height limit.

Motion by John Stelling with 2nd by David Cooper to adjourn. All in favor. Adjourned at 8:17 p.m.

For the Board,


Julie Alexander, Clerk

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