The meeting was called to order at 7:07pm and Ian Hooper was absent.

Public Hearing for AT&T’s co-location on the Telecommunications Tower on Berkshire Farm property

The Chairman called the Public Hearing open to comments and asked anyone wishing to speak to please state their name for the record.

Joe Whittaker- stated he lives on Queechy Lake Dr. on the side of the lake that faces the tower. He supports cell phones for emergency services however he was surprised when “this thing” appeared across the lake. He said the land has been clear cut. He believes people will be upset when they can see it in good weather. He asked if they were too late or could it be painted black?

Ron stated this process has been going on for 2 years. Residents on Shaker Ridge Dr. paid for a lawyer and engineer. The engineer conducted his own tests and concluded the same coverage could be gotten from it s present location as opposed to the original submission which was 150 feet higher. Ron said Mariner Tower had done at least 2 balloon tests. The Planning Board “put Mariner thru its paces” at great expense. The engineer hired by the Planning Board suggested the tower be gray and acid washed. There were Public Hearings before the approval. After the time period when an article 78 could be done, construction began. The only thing on the table now is for AT&T’s antenna, nothing else.
Ron said it is too late to do anything about the tower. When the leaves come out, you will not be able to see the base.

Mr. Whittaker stated maybe when the leaves come out you won’t be able to see the base, but you will still see the tower. While he appreciates the acid wash, the tower is very visible and very shiny. He only saw 1 balloon test. He knows it only affects a few people but it is very visible.

Pierre stated after numerous site visit’s and the Public Hearings the Board did go ahead with the project. The Board was concerned with trees being cleared and had Mariner use the existing road. Some trees will grow back. There was extensive information on camouflaging the tower to look like a tree, however he was against that option. The acid wash was the best solution. Ron said there is a large dirt area visible now but it will become green in the Spring. It has been seeded and matted with geo-tech material.

Mr. Whittaker said dirt was not the problem. The tower is wide open. He asked if it was ever addressed to have the tower black. Ron said yeas and asked Chris Ciolfi to address
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this. Mr. Ciolfi said he had many conversations with the Board about this. Other Towns have their towers painted blue and brown and much consideration was given to this tower. He said on a clear day, black stands out significantly; they have found gray works best. Acid washing reduces the shine. He said the Board rejected painting it black after much consideration. Ron advised Mr. Whittaker he could put in a FOIA request.

Pierre said he went and looked at numerous towers including a blue one and a brown one, the gray blends much better. Mr. Whittaker thanked the Board for listening and for their answers.

Ruth Mary Deuel- said she lives on Queechy Lake Dr and asked what the tower would do for them per telephone? Ron said propagation studies were in the file. Mr. Ciolfi said Verizon has been approved and will up and running in 4-6 weeks. At& T is requesting to put an antenna on. He stated the primary coverage is on Route 22 from the other tower to New Lebanon but it will cover some of Route 295. He said he could not give the exact coverage until the tower is up.

Ron said when the initial towers were proposed in Town there was a moratorium and a Town law written. From that law 3 areas in Town were set up for towers-1) along the Thruway 2) behind the Sunoco station by B3 and 3) on the ridgeline between East Chatham and the Town Hall. Route 22 was not really looked at and there was a large gap there. Since this tower was proposed outside these zones, it was more difficult for the applicant to prove need for it. The consultant RF engineer said there is still a gap and may still be even after this tower is operating. Pierre said in moving the tower down the hill, it may have lost some coverage but the view shed was important. Mr. Migliaccio (from AT&T) said technology has drastically changed. Their propagation studies show coverage will increase with their antenna.

There were no further comments from the Public.

Motion to close the Public Hearing-Pierre Gontier Second-Jennifer Mickle
All in Favor no roll call taken

Ron stated the Public comment period will be open for written comments for 30 days from today.

Review for the AT&T co-location on the Berkshire Farm Tower

Ron said there were 3 outstanding items. They were:
1. The insurance certificate. Upon reading this, Ron said it says the Town of Canaan is included and it has to say the Town of Canaan is named as an additional insurer.

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Ron said this document is not acceptable and must be rewritten.
2. Removal Bond- this is okay.
3. Copies of notifications to the landowners for the Public Hearing-this is okay.

Mr. Migliaccio asked if the Board would conditionally approve the application until they got the insurance certificate corrected. Ron said the public comment must stay open for 30 days. It was pointed out that the 30 days is after our next meeting in February. The Board decided to change the date of the meeting so it is after the 30 day requirement. The Board decided on February 22nd. The Clerk notified the Board she will be out of Town on that day.

Additional business for Mariner Tower
Mr. Ciolfi said he will be putting the utilities underground. Pierre felt since this was a change, it should be advertised as a change to the site plan. Ron said it is not a problem since NYSEG will have control of the utility; they will own and maintain it. Mr. Ciolfi presented paperwork which showed NYSEG will own and maintain the underground line. He also presented new plans which show the utility lines on it and copies of the SPEDES permit. The 2 large maps with the new utility line were added to the file but not stamped. The Board felt if they were stamped, they would have to reopen the file.

Also, Mr. Ciolfi said the tower was built out of pocket but now wants to assign it to TD Bank. He needs permission from the Board to do this. Dave Everett reviewed the proposal and wrote a consent to a collateral assignment. The Board reviewed this.

Motion to approve the consent to collateral assignment to have Chris Ciolfi take this to TD Bank-Michael Belknap Second-Pierre Gontier All in Favor

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


Ron signed 2 copies; one for our files and one was given to Mr. Ciolfi.

Review and Approval of the December 21,2009 minutes
Motion to approve as amended-Pierre Gontier Second-Chad Lindberg All in Favor

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

Correspondence
1. Letter dated 1/9/10 from J. Stelling to the Planning Board re: review of Zoning law.
2. ZEO report-December 2009
3. Letter from County Clerk re: subdivision map approval and filing.
4. Copy of the letter Pyramid sent to the abutters re: AT&T co-location.
5. Copy of the notice for the ad-hoc committee for wind energy.
6. Copy of the revised BLA law needs corrections
7. Copy of the letter sent by the Chairman to the Town Bd. Re: reappointment of J.
Mickle, Clerk etc.
8. Clerk’s letter to the Board with request for reappointment.
9. Rural Futures
10. Columbia Land Conservancy calendar
11. Flyer from the NY Planning Federation.

Additional business
1. Ron stated the Board needed to appoint a Deputy Chairman.

Motion to appoint Pierre Gontier as the Deputy Chairman-Michael Belknap
Second- Jennifer Mickle All in Favor No roll call taken

2. Discussion of the proposed BLA law. Upon review, these were the mistakes found.
- says Town of Clermont, not Canaan
- needs to be singular and plural ie: plots or plan or plans
- some portions are referred to by law 355-21 (example) and it needs to match our
Zoning law by stating article 6, under subdivision. The numbers listed are used by
Lawyers under a different identification system. Pierre stated the lawyer is not using
Our law but is instead using a standard found on the internet.

Ron will call the lawyer and this will be discussed in February.

3. Moratorium on Flint’s Crossing Road. Ron said he has not heard from the Supervisor and has no idea if any progress has been made. Ron feels there should be some document which relates the impact of the project to paying some of the cost. Applicants should put up money to mitigate the impact. Pierre suggested revisiting the Zoning Law to see what is allowed in that area. There is potential for something major there. He suggested anything new must have a traffic study done which is paid for by the applicant. Ron said a recommendation needs to be done and sent to the Town Board. Michael would like the letter to be sent and then have the moratorium extended. Pierre said he does not think the Town Board will extend the moratorium again. He said an extension will not be given
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since there has been no progress ( such as no studies done, no money spent, no public hearings held and no draft law done). Michael feels the Town Board could ask for an extension and get it by requesting money from the State and Railroad. Pierre said there is nothing to warrant an extension, nothing has been during the moratorium.

The Board decided to recommend the following to the Town Board:

Motion to require any applicant do a traffic study at their expense for any development. Any development done would have to have money contributed by the applicant for the improvements to that area based on the impact of the proposed development and the Planning Board should revisit the Zoning Law to review the definitions and narrow down what is permitted in that commercial area-Pierre Gontier Second-Chad Lindberg
All in Favor No roll call was taken.

Motion to adjourn-Pierre Gontier Second-Chad Lindberg All in Favor

The meeting was adjourned at 9:25pm.





Sincerely,


Tammy C. Flaherty
Planning Board Clerk

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