PLANNING BOARD MEETING
CANAAN, NY 12029

NOVEMBER 16, 2009


The meeting was called to order at 7:06pm and all Board members were present.

Restamping the BLA map for Fred Rudman & Meryl Enerson at 100 The Narrows Road
Ms. Enerson presented a new map which showed all the lines, old and new, on 1 map. She stated her lawyer would be submitting all maps, including the previously stamped map to the County.

MOTION TO STAMP ALL MAPS SUBMITTED FOR THE RUDMAN/ENERSON BOUNDARY LINE ADJUSTMENT-Ian Hooper 2nd-Michael Belknap All in Favor

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

Note: the new map submitted was stamped and signed and the old map was restamped and signed.

Interview for the Board Vacancy
Ron stated this vacancy was to fill the term of Joe Davis. Ron explained the process by which a candidate is appointed. He said this Board interviews, holds an Executive Session for discussion, a recommendation is made in the meeting which goes to the Town Board and the Town Board makes the appointment.

John Reinhardt
He stated he has lived here for 25 years. He is an administrator in the archives at St. Mary’s hospital. He is a problem solver for the computer system and is on call 24/7 365 days of the year. He said there is a very small chance of having to answer a page for his work outside regular working hours. He said he enjoys this Town and makes his decisions based on facts.

Ian asked why he was interested in this and Mr. Reinhardt replied he would like to see the Town keep a steady course. He would like to know he has a small input in what happens.

Planning Board Meeting November 16, 2009 Page 2


Ron said the training is 8 hours a year( please note Ron misspoke and the training is 4 hours a year) and sometimes on Saturdays. Mr. Reinhardt said that is no problem and
Special meetings are no problem.

The Board had no further questions for Mr. Reinhardt and thanked him for coming in.

Craig Dillon
He said he has lived here since 1989 on weekends and as a permanent resident since 2003. He said he is now retired and can get involved in Town. He lived in Connecticut over 25 years and had been involved in the shipping business.

Ian asked what happened to the business and Mr. Dillon said he turned it over to his younger brother.

Michael asked if he had any experience with any Planning Board or Zoning Board and Mr. Dillon said no but he had been on the Democrat committee.

Pierre said 4 hours are mandated for training and asked if that was a problem; Mr. Dillon said no. Pierre said the meetings are long sometimes and also there could be extra meetings. He asked if that was a problem and Mr. Dillon said no.

There were no further questions and Mr. Dillon was thanked for coming in.

Lauree Hickok
She had not appeared by 7:40pm. Pierre suggested holding the Executive Session at the end of the meeting to see if Ms. Hickok showed up.

Ron told Mr. Reinhardt and Mr. Dillon they could leave if they wanted or stay for the meeting. Mr. Reinhardt said he was interested in the cell tower.

Review and approval of the September 21st minutes
MOTION TO APPROVE AS AMENDED-Ian Hooper 2nd-Pierre Gontier

Roll call Chairman Davis-yes
Chad Lindberg-abstain
Ian Hooper-yes
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Michael Belknap-yes
Planning Board Meeting November 16, 2009 Page 3


Review and approval of the October 7th Special Meeting
MOTION TO APPROVE AS WRITTEN-Pierre Gontier 2nd-Jennifer Mickle
Roll call Chairman Davis-yes
Chad Lindberg-abstain
Ian Hooper-yes
Jennifer Mickle-yes
Pierre Gontier-yes adopted
Michael Belknap-yes

Review and approval of the October 19th minutes
MOTION TO APPROVE AS AMENDED-Ian Hooper 2nd Chad Lindberg

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

Mariner Tower
Chris Ciolfi appeared before the Board and stated when Linda Stancliffe visited the site she found that the amount of land cleared was over 1 acre, appx. 1 and ¾ acres. Ron asked whose responsibility it was to follow thru on this since the amount cleared exceeds what the Board approved and now since it is over 1 acre it requires extra measures to be done such as a SPDES permit. Ron said he had talked to Andy Howard who said it is the responsibility of the Building Inspector. The Planning Board is not an enforcement agency. Mr. Howard told Ron to send a letter to the Building Inspector. Ron said Ms. Stancliffe went to Shaker Ridge Dr. to see if she could see the extra clearance and she could not. However, when she went to the old motel on Queechy Lake she saw the silt fence. Ron said he had asked Mr. Howard if there was any liability on the Planning Board for not passing on the information and the lawyer said no. Ron said Mr. Ciolfi was here to state they have already started to mitigate the problem by filling out the permit paperwork. Ian asked how this happened. Mr. Ciolfi brought the maps up to the table and said they told their contractor to minimize the damage which was suppose to be delineated by survey and silt fence. He said the road bed was in good shape but the trees were thick and overgrown. He said the contractors cut trees but did not disturb soil on the uphill side. However on the other side, they cut trees and graded the soil. Ms. Stancliffe was also concerned with putting gravel on the road. Mr. Ciolfi said the contractor did a good job but more work was done than agreed upon. Mr. Ciolfi agreed they went over an
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acre.

Mr. Ciolfi said he has had Foresight Engineering fill out the preliminary form for DEC. Mr. Ciolfi said the intentions were good. Pierre asked if the contractors have a log and a rain gauge but does not think this will be a problem. Ron asked if any of the science
classes at Berkshire Farm kept track of the rain. No one knew. Chad asked if the Board had done a negative declaration and Ron said yes. Chad then asked if the Board can remove the negative declaration and Ron said he did not know. Chad said he did not know if the Board could or should remove it but it was something they should think about.

Michael said there were 2 separate issues for the Board:
1. Need to send a report to the Zoning Officer
2. The grading differs from the approved site plan.

Mr. Ciolfi asked if he should resubmit the plans with the changes. Ron thinks it should be let go as long as the permit is on its way. Ron asked if Whiteman, Osterman & Hanna should be brought back in for this and Pierre said no. Ian made a point of saying Ms. Stancliffe was not happy with the extra trees being cut down and the grading especially since it does not comply. Pierre said a different grass should be put down due to the grading and Chad agreed and said it has to be done in the Spring. Mr. Ciolfi said he will have Ms. Stancliffe come and do an extra site visit if need be. Mr. Ciolfi asked why the Negative Declaration should be rescinded and Chad said since it is over 1 acre and the Planning Board put it in writing that it had to be under an acre. Chad said the permit process is lengthy and requires numerous visits. Ron said he felt once the permit is triggered, the surveyors (Foresight) should follow thru on it. Chad felt it needs to be watched by the Planning Board. Pierre said he felt a stop work order should be done immediately until DEC is involved. Mr. Ciolfi said he would call Pat Pulver on Thursday of this week. He said his people have mitigated their error and will keep a log to make sure they don’t do worse. Ron said he would call the Town attorney tomorrow and ask for an opinion. Chad suggested the engineer get an opinion from DEC Region 4. Michael asked if DEC will require new plans and Chad said they will want to see the affected area (by plan). Michael said he wanted to see this as well and wants a copy given to the Board.

Additional business
1. BLA law- Ron said the Town attorney will merge the local law and addendum into 1 document and will change the wording. In most cases, the applicant should be able to submit only 1 map.

Ron also said the ZBA is going thru the Zoning Law page by page now and their opinion
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differs from what it was in the past. Ron would like the ZBA to stop their review and then have a joint meeting the Planning Board on this later.

2. Flints Crossing Moratorium- Ron said there have been two meetings on this. The State Engineer has offered a traffic study and also said a light has already been approved for Route 22 but has no idea when it might be installed. For the short term, the suggestion
was to have 3 or 4 lights coordinated with the railroad gates but the State will only fund 1
light. However the only way the State will fund the light is that it was recognized that it was a short term fix and a long term permanent solution was what was planned on for the future. The Thruway would have to be involved and there would only be 1 intersection. It was suggested during these meetings to leave the C2 zone as is and make the applicants pay for the design and construction of the overpass or road etc. as a cost of doing business. Ron said smaller businesses who wanted to go there would have to pay for traffic studies. Pierre said he went to the Public Hearing and said the Town would have to own the bridge, Ron said no the State would. Pierre said the issue is to stop the tandem traffic and the Highway Dept. should barricade where they are parking. Ron said old site plans of the truck stop were found but were never stamped so the Town can’t make anyone barricade it. Ron said the Supervisor will talk to Mr. Polsinello and put the liability on him. Pierre said they could double gate the tracks and Ron said there is not enough room between Route 22 and Flints Crossing to do that. It was also suggested removing some of the bank(dirt) where Flints Crossing meets the transfer station driveway to help with the doubles.

Correspondence
1. October 2009 ZEO report.
2. August 2009 ZBA minutes.
3. September 2009 ZBA minutes.
4. Letter of interest for the Board vacancy from C. Dillon.
5. Letter of interest for the Board vacancy from L. Hickok.
6. Letter from A. Howard to R. Davis re: BLA changes to the map.
7. Notice of decision from the Richmond, MA ZBA re: Rosenblum.
8. Fall 2009 issue of Pipeline awareness.


MOTION TO GO INTO EXECUTIVE SESSION-Ian Hooper
Second-Michael Belknap

MOTION TO CLOSE THE EXECUTIVE SESSION-Pierre Gontier
Second-Ian Hooper All in Favor
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-no decisions were made in Executive Session

MOTION TO TABLE A DECISION FOR THE BOARD VACANCY DUE TO 1 PERSON NOT APPEARING (the Board hopes the others will remain in the running)-Michael Belknap Second-Pierre Gontier All in Favor

Additional Business
1. The Clerk said she would be out of Town on the meeting night in December. Board decided to hold the meeting on December 15th.

2. Two maps were brought in by Chris Ciolfi that needed to be stamped. These are the
same maps as previously approved by the Board. The maps were stamped and given to Mr. Ciolfi.

There was no more business before the Board.

MOTION TO ADJOURN-Ian Hooper Second-Michael Belknap All in Favor


The meeting was adjourned at 9:30pm.






Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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