PLANNING BOARD MEETING
CANAAN, NY 12029


JUNE 15, 2009


The meeting was called to order at 7:06pm. All Board members were present. Also present were Dave Everett, consultant attorney and Linda Stancliffe, consultant engineer.

Continued review of Mariner Tower for the construction of a monopole on property owned by Berkshire Farm Center and Services for Youth

Chris Ciolfi addressed and said Dave Everett had given him a list of outstanding items and they were:
1. Access agreement
2. Insurance certificate
3. Surety bond submitted tonight
4. Full size copy of the 1 line diagram including the road and site
5. Letter from Saber Tower re: acid wash.
6. Geotech analysis done today and submitted tonight
7. Final clearing limits field staked and info.reviewed by Linda
8. Additional funds for escrow
9. Verizon items ie: insurance, bond

Mr. Ciolfi submitted a packet tonight containing some of these items. Ron asked the Board if they had any questions.

Michael asked for clarification on the escrow account. Dave Everett presented a letter to the Board tonight estimating the remaining legal fees, barring unforeseen events without a cap amount. Michael asked if there were any additional fees owed to the engineering firm. Ms. Stancliffe said no. Mr. Ciolfi will be providing a check for $3000.00 tonight. Ron said this is the best estimate they could come up with and it is up to the Board to determine if this is enough. Michael feels this Board has gone above and beyond being fair to the applicant with the law and said the applicant is reluctant to move forward and put more money in escrow. Michael said he would not want to have to sue Mariner for the money spent. He feels Mariner should put up more money, at least another $5000.00 extra to cover all debts. Mr. Ciolfi asked to respond and said they have honored the contract and paid the bills timely and have maintained the amount above $5000.00. He said good consultants were hired but it is very expensive. He stated they have done all the Board has asked for and take exception to the suggestion made about suing Mariner for a few thousand dollars. Mariner wants it moved forward and the maps stamped.

Pierre asked what could be an unforeseen event? Mr. Everett said the Board could find

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other things which could add to the money needed. Mr. Everett said the Verizon documents were received just tonight and he has some problems with them. He stated if he has to do more work above the $5000.00, then Mariner would have to pay more. Pierre asked what would happen if fees needed to be paid and were not. Mr. Everett said only the Court could do something; the Board could not issue a stop work order. Ian asked if Mr. Ciolfi had said they would not pay. Mr. Ciolfi said absolutely not and then said he was giving another $3000.00 check for the escrow tonight.

This is the current status of the escrow account. $5800.00 in escrow
-3800.00 for engineer
2000.00 balance
+3000.00 tonight’s check
$5000.00 D. Everett’s estimate
Remaining escrow $0
If the legal fees go over $5000.00, there will be no money left in the escrow to cover the difference.

Mr. Everett said before the building permits are issued, Mariner is responsible to pay that amount. He then said there should be minimal legal fees left besides the Verizon review. Mr. Everett stated the Board could continue with his services and have Mariner pay the fees or the other option would be to have Mr. Everett stop tonight and the rest would be reviewed by the Town’s attorney. The Board said they did not want to change attorneys and would like Mr.Everett to finish the project.

Michael asked how much work was left for Ms. Stancliffe to do. She said her estimate was for 3 site visits (including today) and she made her first one today. If she has to do more, there are more fees. She said she did not expect to do more inspections and if for instance an electrical engineer were needed, that would be additional. Pat Pulver, Canaan’s ZEO, sent a letter to the Board stating some of the construction may be beyond his experience. He recommended an engineer be obtained to oversee and inspect. Ms. Stancliffe said she had thought the ZEO would be able to do some of the inspections and if that were not the case, again there would be more expenses.

Ron asked Mr. Everett to address the Board with the issues he has. Mr. Everett said they were:
1. Easement- which grants the Town access for inspections etc. This was provided tonight and needs to be signed by the Supervisor. Afterwards, Mr. Ciolfi will file it with the County.

2. Insurance certificate- this was received however Mr. Everett asked for the insurance policy since he feels there are gray areas. Mr. Everett also asked for an
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additional endorsement. This was done and has additional coverage for the Town.

3. The 1 line diagram

4. Surety bond- Mr. Everett said this was acceptable.

Mr. Everett said the Board can go ahead and stamp the maps now. However the Verizon paperwork submitted has problems. Ron said he would like to go over this now and only wants to stamp the maps once, including Verizon.

Mr. Everett said Verizon had months to prepare the paperwork and it was only given to the Board tonight. Below are the problem issues:

1. It only covers the discontinuance of service and not removal. This violates the Town
Law. Comparing this to the Mariner documents, it is lacking. It needs more language
put into it to meet the Town law.

Ron gave the example that if Verizon’s generator sprang a leak, Mariner should not be responsible for it. Ron then asked if Mariner’s bond covers anything that is left out of Verizon’s bond. Mr. Everett said there would be a problem in having Mariner cover Verizon and they should not be responsible for someone else.

Mr. Ciolfi asked if concerns could be itemized and still sign the maps to move forward; even if the Board held the maps until they were satisfied . Ron asked the Board members if they were okay with that and no one had a problem with moving forward. Mr. Everett said he has not had a chance to review the insurance policy yet and has no idea if there are any problems with it.

Ms. Stancliffe said the 1 line diagram has to be resubmitted.

MOTION TO STAMP THE SITE PLAN SUBJECT TO REVIEW BY DAVE EVERETT OF THE CERTIFICATE OF INSURANCE AND RELATED INSURANCE POLICY, TOWER REMOVAL BOND (BROADANING OF COVERAGE) AND CHANGE FROM THE 2 PHASE TO SINGLE PHASE IN THE 1 LINE ELECTRICAL DIAGRAM WHERE INDICATED WRONG FOR ELECTRICAL SERVICE TO THE PUMP HOUSE. STAMPED PLANS OR BUILDING PERMITS WILL NOT BE SUBMITTED TO THE APPLICANT UNTIL ALL ITEMS ARE SUBMITTED AND ACCEPTED- Pierre Gontier Second-Ian Hooper



Planning Board Meeting June 15, 2009 Page 4


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

MOTION TO WAIVE THE REQUIREMENT OF THE FULL SIZE PLANS FROM VERIZON AND TO STAMP THE 8 BY 11 INCH PLANS AS SUBMITTED- 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

Mr. Everett said the last issue is to have Berkshire Farm issue a bond. Mr. Ciolfi said he would send the information to Berkshire Farm.

MOTION TO AMEND SITE PLAN APPROVAL TO INCLUDE THE REMOVAL BOND AND CERTIFICATE OF INSURANCE FOR BERKSHIRE FARM-Pierre Gontier Second-Ian Hooper All in Favor

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

A fee of $100.00 was collected as a telecommunications fee; $50.00 for Mariner and $50.00 for Verizon. Also, a check for $3000.00 was given to the Board for the escrow account.


Boundary Line Adjustment for Tom & Sarah Crowell and Robert Levin & Patricia McKenna at 3105 and 3125 County Route 9

The Crowells appeared for the application. The two properties were originally one. Part of the Levin driveway is on the Crowell property. To fix this, the Crowells will give/sell the Levins about ½ acre. They presented maps and those maps have the new BLA drawn on the property as it is now. The maps will have to be redrawn.

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Outstanding items:
1. Need 2 sets of maps for each property; the property as is and the property with the new BLA in it. The line needs to be taken out of the new map and also the wording “being conveyed” needs to be taken out.
2. Need a notarized letter from the neighbors agreeing to the BLA.

The Board will wait to hear from the applicants.

Informal appearance for Meryl Enerson & Fred Rudman for a BLA for property at 100 The Narrows Road

They presented new maps from the surveyor, however these maps show both the current property and the proposed BLA all on one map. They need to be on separate maps.
Ron said they must show the properties as they are as well as the proposed BLA. Therefore, there must be 2 sets of maps for each parcel.
1. Gliner property as is, total acreage.
2. Gliner property with the proposed BLA.
3. Rudman/Enerson property as is, total acreage.
4. Rudman/Enerson property with the proposed BLA.

The map shows a 76 foot wide right of way form the road, this only needs to be 60 foot wide and then the rest of the needed frontage (350 feet total) could be gotten off the right of way.

Outstanding items:
1. Need 2 sets of maps for each property.
2. Need to fix to ROW to create the correct amount of frontage.
3. Need to change the acreage of the ROW
4. Need to change the parcel amount (minus the ROW)
5. Fix the location map of the entire parcel on each map
6. Need to show the septic and wells on each parcel
7. Need a notarized letter from the Gliners to appear for the application

The Board will wait to hear from the applicants.

Review and Approval of the May 21st minutes

Motion to approve the minutes as written-Ian Hooper Second-Pierre Gontier

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

Correspondence
1. May ZEO report
2. May ZBA minutes
3. Tower removal bond from Mariner
4. Announcement for Planning and Zoning summer schools
5. Notice of a Special Permit decision from the Town of Richmond for the Boys and Girls
School
6. ZBA decision of a Special Permit from the Town of Richmond to alter a structure.
7.Notice of a traveling grinder from Almstead
8. May/June issue of Talk of the Towns
9. Copy of the report of the Energy Subcommittee of the Columbia County
Environmental Management Council
10. Letter from Whiteman, Osterman and Hanna with an estimate of remaining legal fees
11.Letter dated 6/15 from the ZEO re: Mariner cell tower, recommendation for an
Engineer to do inspections

Additional business

1. Motion to buy D ring binders of sufficient size for the new zoning law for all members and the Clerk-Michael Belknap Second-Pierre Gontier All in favor

2. Board would like the filing date page added to the new zoning law as well as on the PDF file.

3. Ron said the Board has not received any new applications for the two vacancies. Ron asked Sarah Crowell to put in another request. Ron said anyone interested can speak to the Town Clerk.

There was no more business before the Board.

Motion to adjourn-Michael Belknap Second-Ian Hooper All in favor
The meeting was adjourned at 9:18pm.


Respectfully submitted,

Tammy C. Flaherty
Planning Board Clerk

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