PLANNING BOARD MEETING
CANAAN, NY 12029


December 15, 2008


The meeting was called to order at 7:05pm. Ron Davis and Jennifer Mickle were absent. In Ron’s absence, Deputy Chairman Pierre Gontier ran the meeting. Also present, were consultants Dave Everett and Linda Stancliffe.

Continued review of the Special Permit Application by Mariner Tower and Verizon Wireless for a monopole telecommunications structure on property owned by Berkshire Farm

Chris Ciolfi of Mariner Tower and John DiMuro of Berkshire Farm represented this application. Pierre reconvened the Public Hearing and asked if the Public would like to speak. Larry Machiz read into the record a letter with an attachment from David Maxson. Mr. Machiz’s letter urged the Board to use flush mount antennas and require the monopole to be either green or brown in color. Mr. Machiz stated (per Dave Maxson) flush mount antennas do not reduce signal strength and do not need more than 10 feet of vertical space. He also said the carriers could use multibandantennas which can carry signals on 2 or 3 wireless bands at once.

After Mr. Maxson spoke, Chris Ciolfi asked to address the Board. He said 1) they have already compromised by moving the site and don’t feel they can do any more 2) to change to flush mount antennas will not be marginal and will in fact be significant and also limit coverage . He also said Mariner feels strongly that green or brown would not look as good in all seasons as gray 3) they do not want to request a variance to change the color of the monopole.

Then Mr. Ciolfi submitted to the Board the following:1) letter dated 12/5/08 with attachments showing the Public Notices of the balloon tests on 8/25/08,10/24/08, 10/30/08 and 11/12/08. 2) changes of pages S05,C01 and C02 in the small size for all Board members and 4 large size replacements since these new pages had corrections on them.
Page S05-added the spot limits
Michael said he was surprised by the amount of land cleared on the map. Mr. Ciolfi said they would put in a 5 foot high stone wall and their engineer is the one who came up with the amount of clearance and would not stamp the maps without this clearance. Ms. Stancliffe said a computer program can be modified to show ¼ less clearance. Also, the swale can be narrowed and can increase the rock size to stabilize. She suggested using boulder walls in several places along the cut. Mr. Ciolfi said he is not in favor of retaining walls in the woods and does not want to do more than what is shown. Ms. Stancliffe said


Planning Board Meeting December 15, 2008 Page 2


there is a general requirement that there is a 2 to 1 pitch. The Board was concerned that too many trees will be cut down based on the engineering design. Ian suggested putting in a condition which limited the tree removal. Mr. Everett said that was fine however the maps would need to be redrawn. Ms. Stancliffe said their engineer would need to redesign the site and then do new maps. Ms. Stancliffe explained that she would like to see additional boulder walls going uphill every 20 feet. Mr. Ciolfi said he wants to avoid this and does not feel this will reduce any clearing but will add significant cost to this project. He said there is less than 1 acre of disturbed land and it meets the law requirements. Ms. Stancliffe disagreed and said to follow the law, it needs 50 feet of vegetation around the compound. Mr. Ciolfi said it would be cheaper to plant trees around the compound instead of building more boulder walls. Ian said he was uncomfortable in approving the map until it is redrawn and shown correctly. Mr. Ciolfi said the clearing around the compound is 30,000 square feet plus another 10,000 square feet for “the new elbow” in the road. Ian said he still would like to see the new maps first. Mr. Ciolfi said the maps show the maximum clearance that will be allowed. He said the Board could still put conditions on this based on the engineer’s approval. Mr. Everett said he would like to go over this with the Board and do a straw poll. Then he and Ms. Stancliffe would write up a document for the Board to review at the January meeting.

Mr. Ciolfi said he wanted the Board to know that the original maps were prepared by Clough, Harbor and the engineering portion was done by Foresight Engineering. He said Foresight Engineering was now the principle engineers and the pages are noted to reflect this.

Page S04- the abutters are updated
Page S05- it now shows how the driveway will be added to the existing road. They will take down sheds and trim trees as needed.
Page C01- shows the 135 foot monopole. The tower is more in the center of the compound and this will limit tree clearing. The figuration could change where the buildings are sited. Mr. Everett suggested a note be added which stated the configuration may change and this is for illustration only. Any additional carriers will have to apply themselves for their building’s location and that may differ from what is shown.
Page C02-revised to show 135 feet high monopole
Page C03A- this shows the boulder rock wall and the proposed overhead utility lines.
Ms. Stancliffe referred to Mr. Ciolfi’s letter dated 12/5/08 and said she was unclear about the service from NYSEG. Mr. Ciolfi said he hopes NYSEG will take over the service and he wants it built to proper standards.
Page C03B- more details on how the road ties in. Mr. Ciolfi said some areas may be over 15% grade and Berkshire Farm is working with Mariner on that.
Page C04- standard details


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Mr. Ciolfi said he felt they have addressed all the comments and they have an even better project than they had before. He hoped the Board would deem the application complete.

Mr. Everett said there were some outstanding items:
1. An irrevocable document that shows that the Town of Canaan can come onto the property for inspections. This can be an agreement or an easement. It needs to be stronger than a letter and address security issues.
2. An irrevocable document to allow co-location. This can be a condition from the Board.
3. Need to add the Town as an additional insured. Mr. Ciolfi said the bonds are normally for $15,000 but Ron had told him $25,000or $30.000. Mr. Everett suggested Ms. Stancliffe come up with an amount that would cover removal of the tower, fence, buildings etc. Pierre would like it to have a 5 or 10 year review for inflation.

Pierre asked if the Board members had any comments. Michael said he wanted to put on the record that Belknap Consultant Co.(which he owns) has had a relationship with Foresight Engineering for over 20 years but does not have a current project with them. He does not feel there is a conflict of interest.(No one else did either). Ian said the Board should reply to Mr. Machiz’s letter dated 12/15/08. Pierre said the proposed monopole is the way to go and feels it is the least obtrusive. He said the color issue has been explored and the Board feels gray (acid wash) will be the best and be less visible. The EAF and Negative Declaration address this issue. Pierre mentioned he had viewed numerous towers including one near Newburgh which is sky blue and the gray is by far the best color. Pierre said he felt the proposed tower is the least obtrusive to everyone including the people on the lake. He also said he personally was not in favor of the site being moved but now feels it is less offensive . Ian said he felt the gray is the least visible and he does not favor the flush mount pole antennas. He said the Board has already compromised by moving the site and does not want to compromise further. Michael said a variance would not be needed if the Board chose another color for the pole and he reluctantly agreed gray was the best. Joe said the Town has 4 seasons and feels gray is the best. He said moving the tower lowered coverage but he agrees to this site.

Negative Declaration- Mr. Everett said he had sent this out by email and asked the Board for comments. Those comments have been incorporated. Pierre read the 10 page document into the record. It will be attached to the minutes and filed as necessary.

The resolution to approve the Negative Declaration was read aloud by Dave Everett.

MOTION TO APPROVE THE NEGATIVE DECLARATION-Michael Belknap
Second-Ian Hooper All in Favor



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Roll call- Deputy Chairman Gontier-yes
Ian Hooper-yes
Joe Davis-yes adopted
Michael Belknap-yes

Pierre asked the Board if they had any more comments on this application. There were none.

MOTION TO DEEM THIS APPLICATION COMPLETE-Ian Hooper
Second-Joe Davis All in favor

Roll call- Deputy Chairman Gontier-yes
Ian Hooper-yes
Joe Davis-yes adopted
Michael Belknap-yes

Pierre asked if there were any Public comments on the site plan. There were none. Pierre declared the Public Hearing closed and advised that the Public could comment for 30 days in writing.

Dave Everett read the conditions aloud for the issuance of the Special Permit. Pierre asked the Board members for a straw poll to see if the Board would approve the Special Permit. Mr. Everett said he would write up something for the Board .Michael suggested this document be drawn up for the January meeting and there be a discussion with the full Board since 2 members are missing tonight.

Pierre thanked the Board members for their work and courtesy with this application.
New business
1. Pierre advised Michael that his term was up at the end of December (since he had filled the remainder of an unexpired term). The Clerk asked Michael to write a letter to the Town Clerk requesting a reappointment for a full term. Michael said he would like to reapply and would write the letter.
2. Pierre told the Board he and Ron Davis would like to have the Clerk reappointed. The Board agreed.
Note- Pierre asked the Clerk to send a letter to the Town Board regarding these 2 items
3. Pierre spoke to the Board about the reappointment of Ron Davis as the Chairman. He said he had spoken to Ron and Ron said he would stay but he did not know for how long.

MOTION TO REAPPOINT RON DAVIS AS THE CHAIRMAN-Ian Hooper
Second-Joe Davis All in Favor
Roll call- Deputy Chairman Gontier-yes
Planning Board Meeting December 15, 2008 Page 5


Ian Hooper-yes
Joe Davis-yes adopted
Michael Belknap-yes

Review and Approval of the November 17th minutes
MOTION TO APPROVE AS AMENDED-Michael Belknap
Second-Joe Davis All in Favor

Roll call- Deputy Chairman Gontier-yes
Ian Hooper-yes
Joe Davis-yes adopted
Michael Belknap-yes

Correspondence
1. November 2008 ZEO report
2. Copy of the Whiteman, Osterman & Hanna bill for services thru 10/31/08
3. Emergency personnel list from Tennessee Gas Pipeline
4. Seminar on Surveying in Albany on 2/18/09
5. Copy of the bank statement for the Mariner Tower escrow account
6. Fall/Winter issue of Columbia Land Conservancy News

Other business
There was a discussion on windmills. Ian felt this would become an issue and the Board needs to talk about it. Pierre said a windmill is a structure and it is not allowed in Canaan per our Zoning Law. Pierre felt this was a minefield for the Board to get into. Ian suggested getting someone in to talk to the Board about this and to include what other Towns have done.

Gary Flaherty said people are asking and talking about ridgeline protection again. Ian said they had discussed this and it never went anywhere. He feels the Board does need to do something and thinks the problem will only get worse. Pierre said Austerlitz has a very strict law.

There was no more business before the Board.

MOTION TO ADJOURN-Michael Belknap Second-Joe Davis All in favor
The meeting was adjourned at 9:50pm.

Respectfully submitted,

Tammy C. Flaherty
Planning Board Clerk

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