Zoning Board of Appeals
Town of Canaan, Columbia County
New York
December 27, 2011

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

Acting Chairperson John Stelling called the meeting to order at 7:05 p.m. with four people in the audience. The item on the agenda is the continuation of the public hearing on file 2011-4, David and Shalva Gliner for 4 area variances related to the construction of a tennis court.

Motion by Pat Liddle with 2nd by Bill Wallace to approve the November 29, 2011 minutes as submitted. All in favor.

John read the public notice. John read the December 20, 2011 letter from Columbia County Planning Board. John noted CCPB recommended that the toe of the slope should be delineated on the site plan. John asked Mr. Gliner to add the dimensions relative to the center line and tennis court on the map and to identify the map with their names. John read the Columbia County Department of Public Works letter to Mr. Gliner dated December 12, 2011. John noted erosion control is still outstanding as of this letter along with the certificate of insurance. John read his letter to the Gliners dated November 30, 2011 regarding CCDPW’s David Robinson’s intent in his letter of November 28, 2011.

John read email from Bernie Kelleher to the Gliners dated December 27, 2011 regarding the status of remediation as of that date. Placement of wood chips has not yet been completed. John reviewed photographs of the project submitted by the Gliners.

The board has no further questions. Motion by Pat Liddle with 2nd by Bill Wallace to close the public hearing. All in favor. Public hearing closed at 7:30 p.m.

Deliberations began immediately. Pat Liddle made a motion with 2nd by Bill Wallace to approve these 4 variances with conditions spelled out by CCDPW and CCPB:
• Toe of the slope be delineated on the site plan
• Insurance documentation certification
• Completion of mulching.

Discussion: Ann Pearce read a statement saying she thinks there are other locations on the Gliners’ property that would be an allowed use. The requested use benefits the owners but may inconvenience neighbors and affect Indian Creek downstream. The Gliners’ insistence on placing the tennis court in this place does not seem necessary. The board should consider these points. The property has other locations that could be used.

Sandy commented that Ann brought up good points, but where the tennis court is proposed, the variances are not as substantial as they were. The retaining wall on the side yard, retractable netting, guard rail and trees all work in favor of the 2nd proposed site.

John said the only formal thing remaining is for the board to complete Part II of the SEQR, the Impact Assessment. John began reading the document, noting that the answers to Sections A and B are “no.”

C1. No. The slope is being addressed.
C2. No.
C3. NYS DEC has answered for us: No.
C4. Ann thinks it’s an adverse effect based on location. Ann feels we should try to protect Indian Creek. Board answered No.
C5. No. Ann said it’s only a matter of whether there is enough frontage for the people from whom they bought the flat piece (the adjacent property). Not a current concern.
C6. Could be problems that have been identified by NYS DEC but they have been approved. No.
C7. No. Ann asked about construction permits for the fence – from the Town or County? John indicated the Town has full jurisdiction.
D. No.
E. Yes. We did hear from some who were concerned but others were not concerned.

III. The project will not result in significant environmental impacts.

John asked if the board had any other comments. Ann stated she feels the amount of the variances is significant. John felt the amount from the road may be significant but the side yard setbacks are minor. Discussion of how detailed the descriptions of the conditions for approval need to be.

Pat amended her motion: Motion to approve these 4 variances subject to conditions spelled out by Columbia County Planning Board in their letter dated December 20, 2011 and by Columbia County Department of Public Works in their letter dated December 12, 2011. The map should be identified as the Gliners’ when they add the toe of the slope dimensions. The final approval will be granted upon receipt of the updated site plan, survey, insurance documentation and other requests. 2nd by Bill Wallace.

The clerk polled the Board:
John Stelling: Yes
Ann Pearce: No
Pat Liddle: Yes
Bill Wallace: Yes
Sandy Haakonsen: Yes
Four in favor of the motion, one opposed. The motion carried. The variances are granted.

Motion by Ann Pearce to adjourn with 2nd by Pat Liddle. All in favor. Adjourned at 8:20 p.m.

For the board,

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