BY PAUL MITCHELLNorth Country This Week

CANTON – A four-year endeavor came to a close Wednesday night when members of the Canton Town Board unanimously adopted an amended chapter of the Canton Town Code.

The vote was taken after brief comments delivered during a public hearing that preceded Wednesday’s monthly board meeting. 

The consensus of town leaders was that the new zoning code is not perfect and basically cannot please everyone, but needed to be adopted despite any inconsistencies and to accommodate the town planning board.

“We have been working on this for a long time. This is the fourth public hearing. This board has listened and done its due diligence,” stated Town Supervisor Mary Ann Ashley.

Councilman Randy Brown agreed, noting there has been a lot of discussion involving a lot of people.

“We have to vote on this. The ZBA will have to pick up issues we haven’t thought about,” said Brown.

“We have accomplished what we feel is a very good zoning law that makes a lot of sense,” echoed Councilman Robert Santamoor.

“Some things are vague and that's true but how do we quantify it,” said Councilman John Taillon.

Deputy Town Supervisor James T. Smith, who has been involved in amending the town code law since Day One, said the new code will not please everyone.

“It’s been a long process. There are things that I’m not excited about and some things I’m excited about,” said Smith. “Not everyone will be happy but we are leaving the planning board in limbo. We are not trying to shove anything down people’s throats.”

Smith also applauded the work of Monica Ryan, a planner from River Street Planning and Development, who guided the town board throughout the entire process.

“This is hard and not easy and will not please everybody. We made the adjustments with integrity along the way,” stated Ashley before the roll call vote.

The town will now file the amended town code law with the Department of State for their approval.

The proposal still posed concerns for Debra Bridges, who owns the Maple Ridge Kennels on Rt. 68 with her husband Styles, saying the language pertaining to kennels and animal shelters remains “vague and unenforceable.”

“If this section is in place the town is at risk for legal issues,” said Bridges who encouraged the town board to utilize the expertise of Jeffrey Beri, owner of No Dogs Left Behind, to formulate an appropriate code law.

“He is an outstanding dog handler who would be glad to work with the town in any way,” she noted.

Bridges said the proposal needs to eliminate subsections F-J.

1. All animal waste shall be regularly cleaned up and properly disposed
2. The applicant shall submit evidence that waste can be properly

handled and that adequate sewage facilities exist or will be

provided for the use. No excrement, manure or other odor or dust

producing substance shall be stored or disposed of within 200 feet

of any water well, waterway, stream, pond, ditch or lake.

1. The applicant shall demonstrate a working plan to prevent or alleviate

significant noise impacts from animals boarded on the site. Noise

generated shall not be excessive or persistently occurring or

continue to such a degree or extent that it unreasonably interferes

with the peace, comfort or convenience of the neighbors.

1. Outdoor running areas shall be fenced in a manner that restricts

access and provides for a full enclosure.

1. The owner/operator of the kennel or shelter shall be responsible for

exercising suitable control over the animals and shall not allow a

nuisance condition to be created in terms of excessive noise or

odor.

1. The Planning Board may, as part of Special Use Permit review, limit

the number of dogs that may be kenneled or sheltered to mitigate

potential adverse impacts related to noise, waste or odor upon

evaluation of the applicant's plans and site characteristics in the

context of their surroundings.

Concerns were also expressed by the owner of the Canton Animal Clinic.

Janes Road resident Margaret Mauch introduced the letter on behalf of clinic owner Amy Thompson, DVM.

“As a resident and business owner in Canton I am concerned about the proposed definition of a Veterinary hospital/clinic. I do not believe there needs to be exclusions of the other animal related services that many clinics provide to support their clients. In addition, I own a Veterinary Clinic and already provide in house cremation services. Will this new definition affect my ability to provide this service?” the letter reads.

“NY State Department of Education defines a Veterinary Clinic as "A veterinary facility is any fixed or mobile establishment, veterinary hospital, animal hospital, clinic or premises where veterinary medicine is practiced."

“I am concerned this will hinder future expansion of my clinic for services my clients and the town need. I understand my concerns arrive in the 11th hour but hope a thought is placed on them.”

Also addressing the town board Wednesday night was Lawrence Seeger, County Rt. 35, Canton. Seeger spoke in favor of Beri and his No Dogs Left Behind business.

“A small group of"NIMBY'' [Not in My Backyard] activists are apparently resorting to any means necessary to keep Jeff Beri and his No Dogs Left Behind enterprise from operating in the Town of Canton. Their coordinated effort to generate multiple specious complaints of intolerable dog barking can only logically be viewed as intentionally exaggerated. Most of my neighbors agree that no nuisance noise emanates from dogs at Mr. Beri's business. This is not a residential issue. Farm machinery operating, cows bellowing and family dogs barking are common in our rural environment. The homes of all the complainants are at least a thousand feet from the tall double boarded kennels,” Seeger read from his letter submitted for the record to the board.

“The suitability of Mr. Beri's enterprise to operate in the Town of Canton should have already been determined based upon the town code as it exists now. It is unconscionable to require him to wait two years or more for the town to modify its code in accordance with a revised state regulation. The citizens of Canton should be enthusiastically behind Mr. Beri's laudable goal of humane treatment and rescue of dogs in peril. I request that you settle this issue in his favor without delay,” said Seeger.