PLANNING BOARD MEETING
CANAAN, NY 12029


JULY 21, 2008



The meeting was called to order at 7:06pm. Joe Davis was absent. All other Board members were present as were Linda Stancliffe representing Erdman, Anthony and James Boglioli representing Whiteman, Osterman and Hanna. Also present were Chris Ciolfi representing Mariner Tower and John DeMuro representing Berkshire Farm.

Continued review of the Special Permit application by NYNEX Mobile Ltd. Partnership 2 d/b/a Verizon Wireless and Berkshire Farm Center and Services for Youth to collocate wireless communication equipment on a monopole structure provided by Mariner Tower on property owned by Berkshire Farm at 13640 Route 22.

Mr. Ciolfi asked about the wind velocity information and asked where it came from. Ron said the Zoning Officer had provided it. Mr. Ciolfi had received a chart on this from Ms. Stancliffe but had not received the map. The Clerk provided Mr. Ciolfi with a copy.

Mr. Ciolfi said he had sent a letter to the abutters stating a Public Hearing would be held this month. The Planning Board had not scheduled the Public Hearing yet and asked Mr. Ciolfi to send new letters to the abutters stating there would not be a Public Hearing at the July meeting. Mr. Ciolfi said the new letters had been sent.

Mr. Ciolfi began going over changes the Board had requested:

15% grade- Map C03A is a revised map showing the new grade. Page S03shows where the road was going heading more East to West. The new road follows an old skidder road and the grade is reduced. The road is about 1300 feet, a little bit longer than the previous one. The utility line will be tied into where the access currently is. Michael said there is significant clearing on the slope on the East and asked if there was a plan to keep trees on the Route 22 side for screening (western side). Mr. Ciolfi said the compound area will be cleared and grading will be done around the compound especially for drainage. The Southwest will have the least amount of clearing. Michael asked what the total amount of cleared area would be and Mr. Ciolfi said under an acre including the road. Mr. Ciolfi said they will make sure it is under an acre.

Ron said there is a statement on the map which states any road work will be done as needed. Ron said this is not what the Board had said and is not clear enough. Mr. Ciolfi said a wetland scientist walked the entire property and only found wetlands by the stream. Mr. Ciolfi said they plan to put a steel plate over the culvert for the construction. Ron said all the details are needed for the site plan as well as storm water runoff. Ron deferred to Ms. Stancliffe who stated the culvert by the bridge and the culvert adjacent to the water tower need to be addressed. Mr. DeMuro said Berkshire Farm will continue to maintain and plow the road. Ms. Stancliffe said the Board wanted to see all the road work on the map. Mr. Boglioli said all the places where the stream would be impacted need to be identified. Mr. Ciolfi said they do not plan to impact any and Mr. Boglioli said this should be in writing.

Mr. Boglioli said he had a few other questions. The first one was whether Mariner would be strengthening the foundation for the tower and adding a flange at the top. Mr. Ciolfi said this was discussed but he did not understand he was suppose to do that now. Ron said it is up to Mariner as to whether they want the flange or not. Mr. Ciolfi said he would talk to his management. Mr. Boglioli next question was whether the proposed tower in New Lebanon was Mariner’s or not. Mr. Ciolfi said if it was Mariner’s project, then it is not moving forward now. Mr. Boglioli said some of the names of the abutters were previously listed wrong and Mr. Ciolfi said numbers 11 and 14 have been corrected. There was a discussion over Shaker Ridge Drive versus Shaker Ridge Road and Mr. Ciolfi said the Assessor’s records show it as Road. The road sign says Drive. There was no decision on this.

Ron said in Mr. Ciolfi’s conversation with property owners Ms. Chaucer and Mr. Jacobsen, Mr. Ciolfi agreed to move the tower for their view shed. Mr. Ciolfi said normally when doing a balloon test, they do not do private areas but they made an exception with these property owners since they are in direct view of the tower. Mr. Ciolfi said he met with the property owners and their lawyer, Larry Machiz to discuss the tower. Mr. Machiz was also in the audience at tonight’s meeting. Mr. Ciolfi said he learned that initially the balloon was put up in the wrong area and Mr. DeMuro and his crew took down some trees to put the balloon back up in the correct spot. The difference was about 25 feet. After discussion with the property owners, Mr. Ciolfi feels the tower can be moved 25 more feet East towards the hill. This will be to the benefit of the homeowners. Ron asked if it would be better to move it Southeast and Mr. Ciolfi said that would bring it closer to the Chaucer/Jacobsen property. Ms. Stancliffe said the tower does not have to sit in the middle of the compound and asked if it could be moved to one side of the compound. Mr. Ciolfi said he would look into this and stated it might be less visible as well.

Mr. Boglioli asked about the color of the tower. Mr. Ciolfi said they use galvanized steel which will change color over time (dulling it). Pierre said he wanted to revisit this issue and said he saw the tower on Ron Davis’s property not long ago and the reflection from the sun produced a glare. NOTE: The Board clarified this statement at the August meeting to read the Canaan West site instead of Ron Davis’s tower. Please note this statement does not match the wording on the tape. The Board voted to approve the
clarification. Ron said the reflection was from the antennas and not the tower. Mr. Ciolfi said the structure itself should be galvanized and the antenna equipment could be painted gray.

Michael said as you look up directly North you can see the slope of the land and the tower is higher than the ridgeline. Mr. Ciolfi said the analysis of whether the balloon is visible or not is based on the public road nor from private residences. Michael feels when the leaves are off it will be much more visible. Mr. Ciolfi said you could see the tower from the lake but it is still below the ridgeline.

Michael said he would like Ms. Stancliffe’s guidance on the color of the tower versus camouflaging it since she has a lot of experience with it. Mr. Ciolfi said you don’t always know when the leaves are off if the view will change. He still feels even moving the tower 25 feet will help. It is possible that in moving the tower East, it will go up the ridgeline and it might be able to make the tower a few feet shorter and still be below the ridgeline.

Mr. Ciolfi went on with the changes/additions that had been requested.
- the maps now reflect 1 inch equals 50 feet.
-the compound had been widened from 65 feet to 75 feet.
-copies of the public notice were sent to the abutters. Also notified Adams Point Beach, Queechy Lake Club and the Town of Richmond. Return receipts provided.
-revised coverage maps. There are now 3 maps for the coverage-a) existing TF1 map b) proposal for the predicted coverage and c) combination of maps a and b.
-Berkshire Farm’s FCC license
-a copy from Berkshire Farm stating they will provide maintenance
-a copy of the authorization from Berkshire Farm as to who can sign paperwork.
-full size copies of the maps
-Verizon’s building application

Michael asked if the Board was going to have an independent RF engineer evaluate the propagation studies and Ms. Stancliffe said it is common to do so. Pierre thinks it should be done. Ron asked how long that would take and Ms. Stancliffe said it depends on how busy they are. Michael asked how propagation studies are prepared. Mr. Ciolfi said they predict what signal coverage will be in any given area. Green color is good. The smaller the number, the stronger the coverage. They use terrain data and put in coordinates and heights of the tower and it gives an answer- the coverage area. He stated all the maps by Mariner are predicted and are not real data. It can also be done with topographic data by running grades and tree height estimates. He stated Verizon has actual data. Mr. Ciolfi said Verizon drives their area and collect data. They then know what their coverage is for their network. Verizon reviewed Mariner’s information and said they would be able to
use the tower. Ms. Stancliffe feels it would be a good idea to verify the information and the sooner the better. Ron asked if it could be done by the next meeting in August. Ms. Stancliffe said it should be.

MOTION TO HAVE AN INDEPENDENT ENGINEER VERIFY THE PROPOGATION STUDIES-Pierre Gontier Second-Ian Hooper All in Favor

Roll call-Chairman Davis-yes
Ian Hooper-yes
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Michael Belknap-yes

Note: Erdman, Anthony will be responsible for getting an independent RF engineer to review the studies.

Other questions and comments:

Michael said he had a question on page S02. The zoning requirement chart says 5 acres is minimum for a tower site. The Mariner map says .45 acres of actual site. Mr. Ciolfi said Berkshire Farm has 1000 acres so the map can be adjusted. Michael asked since the map says .45 acres, would it need a variance ? Ron said the ZBA is not involved in cell tower reviews and therefore they would not be involved in issuing a variance. The Planning Board does all review. Mr. Boglioli said it is not a problem since the lot size is more than 5 acres and Mariner will be leasing it.

Ms. Stancliffe would like the balance of the photos from the simulations where the balloon was not visible.

Mr. Ciolfi went over the balloon report dated 7/18/08. This includes the photosims narrative dated 7/17, the balloon fly report dated 7/9 and the view shed map (VS01). Those photos submitted were where the balloon was visible( 2 photos for each site, one before the balloon was flown and one showing the balloon).
1. View 1 looking East towards the site from the motel
2. View 2 looking East halfway between the motel and the Patzwahl residence
3. View 3 looking East on the lake off the point
4. View 4 at the entrance to Berkshire Farm

Ms. Stancliffe said a 3D model can be made to show more accuracy where the tower will be and she asked Mr. Ciolfi if one was done. Mr. Ciolfi said he would find out.

To summarize Mr. Ciolfi went over his list of outstanding items:

-road changes and upgrades, all information
-information on no impact to the wetlands
-off setting the tower and shifting it to the East
-information from Ms. Stancliffe on galvanized steel versus camouflaging
-supply photos of real options of galvanized versus painted monopoles(using current towers from the correct distances)
-options for the antennas(to reduce glare, front and back)
-the light on the outside of the compound is not to be on permanently
-try to reduce the width of the compound further to reduce grade
-get information to Ms. Stancliffe re: independent review of the propagation studies
-remainder of the photos (non simulation).
-find out whether a 3D model was prepared, if so provide the information
-indicate the last power pole location and the access from there on the maps
-find out the square footage of the disturbance area

Mr. Boglioli said once this information is received, the Board can move forward with SEQRA. He recommended holding a Public Hearing before the SEQRA determination. Pierre wants the Public Hearing as soon as possible before the EAF. The Board has to fill in parts 2 and 3 of the EAF after the Public Hearing. Then the Board decides either a Negative Declaration or a Positive Declaration.

Ian asked if the Board had all the materials to move forward. Mr. Ciolfi said except having the RF studies done, he has minor things to do. Mr. Boglioli suggested having the materials to the Board at least 1 week in advance. Pierre suggested holding more than 1 Public Hearing. Ron wants the Public Hearing in the summer to reach the most people. Pierre asked the Clerk what her requirement was for the newspaper. The Clerk said the Public Hearing notice must go in the paper at least 10 days in advance. The lawyer suggested holding the Public Hearing at the August regular meeting and it could be continued if needed.

MOTION TO HOLD THE PUBLIC HEARING AT THE REGULAR MEETING IN AUGUST AND ASK THE APPLICANT TO NOTIFY THE ABUTTERS BY MAIL(WHICH DAVE EVERETT WILL REVIEW FIRST)- Ian Hooper
Second-Pierre Gontier All in Favor

Roll call Chairman Davis-yes
Ian Hooper-yes
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Michael Belknap-yes

Review and Approval of the June 16th minutes

MOTION TO APPROVE AS AMENDED-Michael Belknap
Second-Pierre Gontier

Roll call Chariman Davis-yes
Ian Hooper-abstain
Jennifer Mickle-yes adopted
Pierre Gontier-yes
Michael Belknap-yes

Correspondence (June and July)
1. May ZEO report.
2. Letter dated 5/30 from the Planning Board Clerk to the Town Board re: moratorium.
3. Request for comment for a Special Permit in the Town of Richmond.
4. Another request for comment for a Special Permit in the Town of Richmond.
5. Spring issue of Nuggets and Nibbles.
6. May/June issue of Talk of the Town.
7. June ZEO report.
8. Letter dated 6/26 from the County Health Dept. re: Braun property.
9. Letter dated 6/26 from the ZEO re: Crow’s Nest Café (violation of site plan).
10. Letter dated 7/11 from the Town of Richmond re: approval of a Special Permit for C. Welch.
11. June 17th decision of the Planning Board in Richmond for a subdivision plan by Berkshire Meadow View.
12. Jul/Aug issue of Rural Future.
13. Letter dated 7/14 from R. Davis to the Town Board re: moratorium.

Proposed Zoning Law changes

Ron thinks there should be a joint meeting with the ZBA . Pierre said he would like to see a copy of the junkyard definition that the lawyer used for this proposal.
Article III- add sentence from the lawyer okay
Article IX- adding verbiage unnecessary but okay
Article V- Ian said this seems all new but Ron said the ZEO told him it is already covered. Michael asked if it is appropriate to add this and the Board said no, it will add another layer. This is really for the Building and Fire code and not zoning. The Board feels this is unnecessary.

Junkyards- Ron said they are not allowed anywhere in Town and it should stay that way.
Ian feels the lawyer points out by using Section 136, it permits junkyards in certain areas of the Town. Perhaps the lawyer is trying to protect the Town. Pierre feels the charts in the Zoning Law are clear and junkyards are not allowed.

Ron said he would pass on the information in this discussion with Chairman Cooper of the ZBA.

MOTION TO RESPOND TO ATTORNEY HOWARD AS DISCUSSED AND AGREED WITH REGARDS TO THE ZONING LAWS-Ian Hooper
Second-Michael Belknap All in Favor No roll call taken

No further business before the Board.

MOTION TO ADJOURN- Jennifer Mickle Second-Ian Hooper All in Favor

Meeting was adjourned at 10:12pm.


Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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