Present: Ron Davis, Ian Hooper, Pierre Gontier, Jennifer Mickle, Chad Lindberg, Michael Belknap.

The meeting was called to order by Mr. Davis at 7:00 p.m. with nine people in the audience.

1) The first item on the agenda was the interview with prospective member Lauree Hickok. She was introduced to all the board members and Ron Davis asked her to tell the board about herself, and she did so. Members of the board had some questions. Pierre advised her she is required to attend four hours of training per year as required by the state and our zoning law. Ron attempts to set up in-service, but there are other options. She is able to make that commitment. Pierre also asked if she could deal with people she knows appearing before the Board while remaining objective and sometimes saying “no,” if required. She said she could.

Michael Belknap asked how long she had lived in the community. She said they are 5th generation lake people and have seen changes in the community. Ron asked if she had a problem with long or extra meetings, and she said she did not. Beside the state-mandated educational requirements, the community zoning law requires a board member to attend a certain number of regularly scheduled meetings – could she do that? She said she could.

The interview was concluded with no other questions from the board. There are two other applicants who have already been interviewed. Ron explained that the board will go into executive session to discuss all the candidates but no votes will be taken. They will return from executive session and possibly make a motion to recommend a candidate to the town board. But, Ron added, they will put this off until the end of the meeting to take care of other agenda items first.

Lauree thanked the board for being sensitive to the original short notice asking her to appear previously. Her house was being painted when she got the call and was not able to make it. Ron advised her this opening is for a partial unexpired term. Terms are seven years. At that moment he wasn’t sure of exactly how long but thought it would be two or three years. Ron went on to say, unless the town board asks you to continue to serve, zoning laws make a member ineligible to continue after two full terms.

2) Boundary Line Adjustment for Dan & Sallee Dunton on Berkshire Ridge Drive – Dan came up along with his brother-in-law Jonathan Hatch. Maps were passed out to the board members showing before and after. They want to sell Parcel B to an adjoining property with frontage on Shilling’s Crossing. There are six families in the Dunton parcel. Ron observed that all documentation is here. The board is going on the letter that the town attorney forwarded to us the last time, saying it’s possible to vary a little from our impression of the boundary adjustment law regarding separate maps before and after. The town attorney has melded one proposed law from the two boundary line adjustment laws - 2003 law and 2004 amendment, and it’s here tonight for the board to look over and propose any changes next month.

Motion by Pierre Gontier with 2nd by Ian Hooper to approve this boundary line adjustment. The clerk polled the board and all were in favor. The maps were stamped and the clerk had previously made out a receipt for the fee payable to the town clerk of $50.00.

3) The third item on the agenda is to begin review of the AT&T co-location of their antenna on the Berkshire Farm telecommunications tower. Ron advised the board the tower is up, and Linda Stancliffe has sent us documentation of her last inspection. Ron invited Jim Woodward and Chris Ciolfi to come up. Ron has been comparing this application to a previous one and feels this one has some deficiencies we can point out tonight. Mr. Woodward presented return receipts from the Verizon application. AT&T followed Verizon’s application, and that’s where some of the deficiencies cropped up. Verizon was the co-locator on the actual tower application and therefore a lot of the things that Chris did for the application covered Verizon. Ron has a copy of Dobson Communications’ approved application on another tower, along with the law. Ron said some things can be waived. Ron doesn’t see why notification to abutters couldn’t take place before the public hearing so as not to have to do it twice. Another deficiency is no consent from the other tenant on the tower. Mr. Woodward advises they have sent a registered letter but assures the board AT&T will not get a consent letter from Verizon. Another deficiency is a certificate of liability insurance naming Canaan as an additional insured, which is a condition of approval. Chris says he has the Town of Canaan consent form, signed by Berkshire Farm and notarized. Ron concluded his findings.

Pierre cited the lack of response on co-residing on the tower with Verizon. We can’t regulate this – if the proper notification was given to other wireless providers on the tower, he suggests we waive the lack of reply from Verizon to the request for the letter of consent. Our law requires the letter of consent. Mike Belknap asked if it is common not to have co-locators respond. Chris advised they are fierce competitors. In the past both leases contained exclusivity clauses. Now an independent host like Mariner Tower allows companies to share. It is not uncommon for competitors to be uncooperative. AT&T has shown good faith in trying. Sometimes there are equipment interferences. AT&T sent registered letters. Ron noted in the approved application for Dobson there is no tab for a registered letter, so it must have been waived back then too.

Motion by Pierre Gontier with 2nd by Ian Hooper to waive the requirement of a returned registered letter from other locators on the tower that would protest or accept AT&T as a co-locator. The clerk polled the board and all were in favor.

A removal bond must be in place too. AT&T must remove all its equipment. Where should the estimate come from? Ron will check for sure and get back to AT&T. Jim Woodward can get a copy of the removal bond from the town clerk.

Pierre Gontier made a motion with 2nd by Ian Hooper to waive notification of abutters until notification of the public hearing. The clerk polled the board and all were in favor.

Ron advised that the escrow account is all set up with $5,000 at First Niagara. Ron advised there are two fees: site plan review @$50.00 and special permit @$25.00 = $75.00. Ron will see if there is an additional fee for “approvals” and advise.

The board moved on to complete the environmental impact statement (SEQR). Pierre said the application must be complete, and it is except for the removal bond and certificate of insurance. Mr. Woodward presented the consent from Berkshire Farm. The board went over the SEQR Part II – project impacts and their magnitude. The proposed action will have a small to moderate impact with construction of a shed and additional antenna. Answered “no” to #’s 2, 3, 4, 5, 6, 7, 8, 9, and 10. Answered “yes” to #11, aesthetic resources because the visibility of the antenna creates a small to moderate impact. Each antenna is 8 feet tall by 2 feet wide and there are six altogether. The shed can have an aesthetic effect at some times of the year. Answered “no” to #’s 12, 13, 14, 15, and 16. Answered “no” on 17 with discussion. Chad asked about a generator and if that would be noisy. The individual carriers supply the generator. Verizon’s is in a 12x30 building. AT&T’s building would be 12x20 with an external generator. Ron advises the generators exercise themselves once a week but it’s not easily heard. They run on diesel and are well muffled. Answered “no” on #’s 18, 19, and 20. The board didn’t need to proceed to Part III.

Motion by Pierre Gontier with 2nd by Ian Hooper to make a negative declaration on Part II of the SEQR. The clerk polled the board and all were in favor.

Motion by Ian Hooper with 2nd by Jennifer Mickle to deem the AT&T application complete subject to receipt of the removal bond and certificate of insurance liability and receipts of notification of abutters once the hearing date is determined. The clerk polled the board and all were in favor.

Motion by Michael Belknap with 2nd by Ian Hooper to set the public hearing for the AT&T request for the next regular meeting on January 18th at 7:00 p.m. The clerk polled the board and all were in favor.

Chris Ciolfi submitted a copy of the SPEDS permit; a letter of authorization to the Supervisor for removal of funds from the escrow account to pay the $75.00 in fees. Fifty dollars ($50.00) is also needed from Verizon. The building inspector has issued a permit. Submitted the letter to demonstrate that the tower was washed to diminish shine. An updated map has been submitted. Met with NYSEG; to run overhead from “Canaan Shaker Road” on the map to the road, would be cost prohibitive. Ron asked why NYSEG? Weren’t you going to submeter it off Berkshire Farm? Fairpoint said their poles are too short. NYSEG comes in on the lower part of the campus, ties into clean service and run it underground past the greenhouse with a step-up transformer. Few trees are affected at less than half the cost of the overhead. NYSEG will own the line once the conduit is in the ground. Discussion of details of the plan and its visual impact continued. Ron asked if there would be drains at the pad on the side, and if none, there should be, to keep the water out of the conduit. Chris advised they would be replacing two poles down by the cottages as previously agreed to. NYSEG will prepare full size plans with line sketch details. Ron brought up a point of Pierre’s – we need to advertise the change in the site plan to include on the agenda for the January 18th meeting that we would be stamping a change for utility access to the site and also include the drainage. We will revisit the site plan for Mariner Tower to stamp clearing maps for grading and revised facility site plan with grading and revised utility connection to the site.

4) Next on the agenda was review and approval of the November 19th minutes. Proposed amendments: Michael Belknap - Page 3, Mariner Tower, Line 5 should be SPDES. Ron Davis - Page 4, #2, Flint’s Crossing Moratorium and on to Page 5, “…the state will only fund one; however, the only way the state will fund the light is with an overpass on the land across from Bervy’s…. That is not what I said. I said the state would only fund the light if it was recognized that it was a short term fix and a long term permanent separation was what was planned for the future.

Motion by Michael with 2nd by Pierre to approve the minutes as amended. The clerk polled the board with all in favor. The sheet was passed around for signatures.

5) Ron read the correspondence.
• Discussion of Linda Stancliffe’s December 18th letter. Michael suggests giving a copy to the building inspector. Ron believes this is Linda’s final inspection to certify. Pat Pulver should be doing another inspection based on her points.
• D. F. Wheeler Engineers looking for projects.
• David Cooper to Ron Davis on the site plan review for the former Backwater property. The check Alan O’Brient gave us was never cashed and the ZBA returned it with a request for a replacement check for the ZBA, who has never received their fee from the applicant.
• ZBA minutes of October 27th.
• Building inspector’s report of November 2009.
• Letter from Andy Howard of November 18th re extension of the moratorium for Flint’s Crossing Road (Local Law #2 of 2009). We are expecting a letter from the state engineer suggesting what the town should do to satisfy the moratorium. The first moratorium went by without anything happening. This extension has seen two meetings take place. We probably wouldn’t get another extension if we don’t develop some action, including development triggers. We will discuss at next meeting.
• September 16th letter the town received from the Army Corps of Engineers regarding an August 3rd permit for Madeline Denning and Susan Stratton for property in Red Rock. They submitted information September 13th & 14th regarding proposal to discharge fill into and along Indian Creek to stabilize the road and stream bed. Construction of a temporary road to remove debris. All will be restored and stabilized. Proposal would be authorized.
• Letter from Andy Howard responding to a previous letter from an individual on Pine Ridge Road off County Route 5 petitioning the town to take over that private road (plow and maintain) that cited a state law that said the town had to maintain private roads. Andy’s response said that section of the state law is taken out of context and the town would do what is required to meet an emergency.
• Letters from the Town of Richmond.
• Association of Towns magazine.
• November 20th annual notice with emergency numbers for Tennessee Gas pipeline.

Motion by Pierre Gontier with 2nd by Michael Belknap to go into executive session at 9:05 p.m. All in favor.

Motion by Pierre Gontier with 2nd by Jennifer Mickle to return from executive session at 9:25 p.m. All in favor. There were neither votes nor decisions made during executive session.

6) Motion by Pierre Gontier with 2nd by Jennifer Mickle to reappoint the current chair, namely Ron Davis. All in favor. Motion by Pierre Gontier with 2nd by Michael Belknap to recommend reappointment of Jennifer Mickle to a full term. All in favor. Motion by Michael Belknap with 2nd by Pierre Gontier to recommend reappointment of Tammy Flaherty as clerk. All in favor. Motion by Ian Hooper with 2nd by Pierre Gontier that because they find all three candidates very acceptable, the planning board puts the matter of choosing one candidate to fill the unexpired seat in the town board’s hands by moving all three names to the them for consideration. All in favor. A letter will be prepared to this effect for the January 11th town board meeting.

Motion by Pierre with 2nd by Jennifer to adjourn at 9:30 p.m. All in favor.

For the planning board,



Julie Alexander, clerk pro tem.

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