TOWN OF CONCORD PLANNING BOARD January 4, 2011

Town Hall Room 204 – Conference Room 7:00 p.m.

ITEM # 1:

The meeting was called to order by Planning Board Chairman Zittel at 7:00 p.m.

ITEM #2: Roll Call

Present: Also Present:

Kenneth Zittel, Chairman Darlene Schweikert

George Donhauser Matthew Kerwin, Hiscock & Barclay

Bruce Luno Excused:

James Jozwiak Joseph Edbauer

Julie Zybert Gregory Waterman

Chairman Zittel noted that he had talked with G. Waterman on the telephone discussing the T-Mobile matter and other topics. G. Donhauser noted that he will be bringing this up at the Town Board Meeting and that G. Waterman should not be excused when he is out of state; if he wants to be on the Planning Board, he should be at the meetings. G. Donhauser noted that he wants G. Waterman on the Board but he should be here to have input.

ITEM #3: Citizen Participation

a) T-Mobile – KB/Abbott Hill Road Cell Tower. Chairman Zittel noted that the Planning Board just received an email from Mark Alianello, the Town Engineer. Mr. Alianello had also contacted Mr. Kerwin notifying him of his concerns regarding the structural analysis and the condition report that the tower has been inspected in the last two years. Mr. Alianello has a telephone call in to the engineering firm who provided the structural analysis and is await a return call from the technician that did the analysis. Mr. Kerwin will obtain the condition report. Chairman Zittel asked Mr. Kerwin if they wanted this as a temporary co-locate or a permanent and Mr. Kerwin noted that this application is for a permanent co-location. The background is that T-Mobile originally wanted a temporary facility as a test site to gauge the demand but since the Town does not allow temporary facilities, the Special Use Application is submitted as a permanent installation. The original plan showed the antenna at 120 feet but the height is 142 feet per the new plans. All else is the same; compound is the same. Mr. Kerwin showed the members the coverage drawings (current and proposed) and explained wireless technology and what is necessary to provide continuous and reliable coverage. T-Mobile operates at the frequency of 1900 mega hertz. Other providers, like AT&T and Verizon, have a lower frequency. T-Mobile’s frequency is more rapid, quick traveling. FCC has provided T-Mobile with a license at that mega hertz. Mr. Kerwin showed the members the site plan showing the existing antenna on the tower and where they are proposing to place their antenna. The antennas are about five feet tall. Their antenna

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would be connected by coaxial cables that are affixed to and run down the tower to the existing compound. They have a lease area within the compound, 20x20 use area, and they would be putting in a 10x16 concrete pad which is a standard installation for T-Mobile, and they are proposing a backup generator in the event of a power outage that would be powered by diesel and would be started up remotely. It would be tested periodically to ensure that it is operating; it doesn’t make a lot of noise. Mr. Kerwin showed the members where their equipment cabinets would be located and also the power backboard where all the existing power and land line telephone line is. They typically go with a greater antenna array but given the location of the tower and the intent to focus upon the ski resort itself, they are limiting it to three antennas. They would be staying within the existing compound. Discussion about the Removal Bond. We do have a Bond in our files from the AT&T co-location last year for this Crown Castle tower. This may be something that Town Attorney Barone will have input on as well as the Certificate of Insurance. Mr. Kerwin will provide a Certificate of Insurance. J. Jozwiak asked Mr. Kerwin their time frame and he noted that it was initially thought that maybe this could be a temporary permit and be up by Christmas but they would like to get it up during this ski season. Discussion about procuring a Building Permit. The members feel that they should submit a permit because they are installing a pad, a generator and the equipment cabinets so that CEO Atkinson can go out and inspect this part of the project. The Planning Board members noted that the Town needs to hear from Town Engineer Alianello with his input after he speaks to the structural engineer and also a final review by Town Attorney Barone. As a summary, Mr. Kerwin still needs to provide: (1) Condition Report, (2) Insurance Certificate naming the Town of Concord as additional insured, and (3) the building permit. J. Jozwiak made the motion, seconded by B. Luno, that the Planning Board recommends the T-Mobile Special Use Permit once Town Engineer Alianello and Town Attorney Barone are satisfied and Mr. Kerwin provides the Condition Report and the Insurance Certificate. Carried.

Mr. Kerwin thanked the Board for their patience and their willingness to put him on the agenda so quickly. He will be present at the Public Hearing and Town Board meeting on January 6th. Mr. Kerwin left the meeting at 7:30 p.m.

ITEM #4: Approval of Minutes

a)  December 6, 2010

Chairman Zittel asked for comments or questions regarding last

month’s minutes. J. Jozwiak made the motion, seconded by B. Luno, to approve the minutes as presented. All in favor. Carried.

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ITEM #5: Business from the Floor

1)  Chairman Zittel asked the members if they had any further discussion

regarding the PID district on Zoar Road. J. Jozwiak noted that he thinks if they do it, although he appreciates Fred Hofmann’s candor (when he spoke at last month’s meeting), but if they are going to go that far, they should go across and make into his property too because that is the biggest section of useable property. Discussion about tax monies generated on these areas and discussion about turning the old Route 219 over to the town. Maintenance of that section will be expensive and there are traffic signals on that section of the road. Further discussion about Zoar Road and that some of the property owners may not be in favor of this rezoning because then they would have to pay Village taxes. Chairman Zittel noted that he will discuss this with Karl Lux to see what he has to say about this matter from the Village’s standpoint.

2) Discussion about the training night regarding Watershed which some of the members attended on December 14th, 2010. J. Zybert had written a summary of the training and noted which members were present. Darlene gave this data to Denise Ciszak so that training credit could be added to their file. A copy of the hand out is on file with Darlene as well as J. Zybert’s summary.

3) Chairman Zittel noted that J. Edbauer was to come up with some proposed language on mobile home vs. trailer. This can be discussed next month when J. Edbauer is present.

4)  G. Donhauser asked the members about the McEwan property.

They built their new house on that lot which is not big enough. They own several acres there but the road frontage on the parcel where they built is only 139.50 feet and area wise may not be big enough either (per tax bill the parcel is 139.50’ x 270.0’). If this is a separate lot, it is not big enough even though he owns a lot of other acreage there. Discussion as to how McEwan could deed to themselves by taking land from another parcel to make a 1 ½ acre lot.

5) Chairman Zittel questioned the Fuller property on Concord Road and the members had discussed this in past months when CEO Atkinson told Fuller that they could not build on the lot. The members had agreed at that time that that lot is grandfathered and the size of that lot is okay.

6) G. Donhauser noted that there is a new house on Buffalo Street and he went to the CEO Office and reviewed the file. Our Code requires a new home to be plotted on a survey. This parcel was just recently purchased so there should be a survey available. Our Code does say that CEO Atkinson can accept anything that he finds acceptable. G. Donhauser displayed a copy of the drawing which was submitted with this permit to satisfy this Code requirement. G. Donhauser noted that this drawing just does

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not look sufficient to him. J. Jozwiak noted that if it were for a shed, he would not have a problem with the drawing but not for a brand new house. The members believe it must be a double-wide going in on this parcel.

7) B. Luno wondered if there could be a detached garage in front of a house. G. Donhauser said he thought it was allowed in our Code but it would still have to meet the set backs.

8) J. Jozwiak asked how we made out with the Verizon. Darlene noted that it was tabled at the last Town Board Meeting in December and it is not on the agenda for January 6th. The issue is the fall zone. G. Donhauser noted that Mr. Duwe and his attorney, Gerald Vella, were at the meeting and explained their interpretation of the fall zone matter. J. Jozwiak wondered if Crown Castle had filled in all the ruts back there. There are snowmobile trails there and now equipment lying on the ground. Not sure who is following up on this matter with Andrew Bazinet/Crown Castle. G. Donhauser noted that he wished that these applications would happen easier. Supervisor Eppolito and CEO Atkinson just got Town Engineer Alianello involved yesterday.

9) Chairman Zittel questioned if the new house on Genesee Road near Townsend Road was far enough off the road. It looks close. G. Donhauser said he will have to go measure that one.

10) Chairman Zittel noted that there is a meeting at the Town Hall on January 13th at 6 p.m. on fracking and Supervisor Eppolito had informed him that if any of the Planning Board members attend, they will receive training credit for this meeting. Darlene will get all members a copy of the flyer with the details of the evening.

ITEM#6: Motion to Adjourn

J. Zybert made the motion, seconded by J. Jozwiak, to adjourn the meeting at approximately 8:10 p.m. All in favor. Carried.

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Darlene G. Schweikert