Cell tower to rise from grave



NEW SCOTLAND — With a split vote, the planning board here last week granted a controversial special-use permit to T-Mobile to build a 150-foot cell tower at the New Scotland Cemetery.

The planning board also unanimously granted two special-use permits to Cellco Partnership with Verizon Wireless, and Bradford Realty to extend the use of existing towers.

Opponents to the tower construction at the cemetery noted historical features of the cemetery and nearby Presbyterian church, on New Scotland Road, the town’s oldest church, and suggested a conflict of interest between Louis Neri, the attorney for the town’s zoning and planning boards, and the contractor used to build the tower.

At a packed public hearing in October, proponents of the cell tower had said it would improve reception and help the cash-strapped cemetery association.
"This is an extraordinarily inappropriate location for a cell tower," Daniel Mackay told the planning board last Tuesday. "If we approve a cell tower at this location, we’ve...opened a door for cell towers...at any location in town."
Mackay said that Neri had "aggressively" questioned him at a previous public meeting.
"There may be a conflict of interest for Mr. Neri. The contractor is the son of his business partner," Mackay said.
Planning board Chairman Robert Stapf allowed Mackay, who arrived too late for the public hearing, to speak to the board before it voted. Stapf said that the board had hired special counsel to handle the cell tower issue, and that Neri "has nothing to do with this project."

The board voted, 5 to 2, to grant the permit with Beth Stewart, Stapf, Lorraine Tuzzolo, Cynthia Elliott, and Robert Smith voting in favor. Charles Voss and Kevin Kroencke voted against the proposal.
"My objection is to the height at 150 feet," Kroencke said. "There may be a need for it, but I don’t see it at 150 feet. I’m not in business to see you make as much money [as possible.]"
Voss said that he is known to others as a resident of the "tower town." He suggested that flag or phone poles be used as stealth towers for cell services.
"I don’t think the applicant has proved the need for coverage," Voss said. He recalled that, at an earlier meeting, cell phones in the room had three to four bars of service available. He said that he would not vote in favor of the permit "to suit the competitive needs of the applicant."
Smith said that 39 television towers have been erected in his "backyard" near Thacher Park.
"No one complained then. Cell phones are here to stay. If there’s an accident, I hope someone can call," Smith said. "I didn’t want to see the roads paved...but I can’t ride my horse out here anymore because all of you moved in. And, that’s OK."

Attorney Jacqueline Phillips Murray said that, because New Scotland south road, where the cemetery is located, is a county road, the Albany County Department of Transportation asked that 12 feet of blacktop be put down at the entrance, and that the access road be improved with crush and fill gravel.

The planning board asked for landscaping, including shrubs between trees, to shield the property from view.

More towers

The board granted a special-use permit to Cellco Partnership and Verizon Wireless to extend the cell tower located near the municipal water tank at Woods Hill Road. Michael Cusack of Cellco asked the board to allow a 15-foot extension on the 95-foot tower. The extension will make room for 12 panel antennas and a four-foot lightning rod on top, bringing the tower to a height of 110 feet.
"Cellular technology is a line-of-sight technology," Cusack said. He said that the hilly, steep terrain in New Scotland limits cell coverage, and that a position on smaller "stealth" towers would not help.

Stapf asked if the tower proposed for the cemetery could be used, instead of an extension to an existing tower.
"It’s a matter of physics. It’s not negotiable. It hits the land mass. That facility does not work for Verizon Wireless," Cusack said. He said that a reduction in the height of antennas will decrease service.

Town engineer Keith Menia, of Stantech Engineering in Albany, said that, according to Clough, Harbour, and Associates, Cellco will need to make minor structural improvements at the base of the tower to keep the tower in compliance with new codes.

A group of neighbors asked the board to deny the extension request for aesthetic reasons, but the board said that the 15-foot extension would not significantly affect the community.

The extension will allow cell phone coverage to Clayton A. Bouton High School, the board said, where gaps now exist.
"Parents can’t be in contact with their kids," board member Beth Stewart said. "I think it’s for the greater good of the community."

In addition to modifying the base of the tower before a building permit is issued, Cellco must repair or replace the existing stockade fencing around the tower.

The board also granted a special-use permit for a tower owned by Bradford Realty at Tower Lane 3, off Pinnacle Road. Eight antennas will be added to the tower.

Animal applications

The planning board granted Karen G. Weiss a special-use permit to allow horse boarding and riding lessons at 229 Countryman Road. The board gave a negative declaration according to the New York State Environmental Quality Review Act, stating that the proposed use would not adversely affect the environment.

The board also granted a special-use permit to Deborah Longtin of Cedar Grove Road to operate a dog kennel with up to 25 dogs.
"I’m not going to be a puppy mill," Longtin said. "I’m looking to show. It’s a hobby kennel."

Longtin has a 40-foot by 60-foot structure on the site. The board said that she should put the proposed dog runs at the rear of the structure, and place solid screens between the runs to minimize barking. The board also said that waste must be disposed of in a garden compost bin at the far end of Longtin’s property. Operating hours should be between 8 a.m. and 9 p.m., the board said.

Other business

In other business, the planning board:

— Tabled a request by Marjorie and John Waldman to construct a pond on a Normans Kill Road lot until the Waldmans have more information about construction. The pond would be adjacent to Vly Creek. Marjorie Waldman said that the pond would be used to keep water from her home downslope from the lot.

Kroencke reminded Waldman to contact the Cornell Cooperative Extension Center for pond literature.
"They’ll design it for you," Stapf said;

— Scheduled a public hearing for January for Wendy and Thomas Detwiler’s request to create a non-profit organization called Eagle Ridge Youth Ranch to allow disadvantaged students to work with horses. Thomas Detwiler said that each of 10 students per lesson would be teamed with his or her own horse and adult trainer. The project requires the construction of an outdoor riding arena and wind shelters for horses. The Detwilers own 30 acres on Straight Lane.

Detwiler said that his tack room is in the basement of his home on the property. His home bathroom would be the sole sanitary facility. Board members equated the number of trainers and students there at one time to that attending a family birthday party.

The program would run from 3 p.m. to dusk in the spring, and from 9 a.m. to dusk in the summer, Detwiler said;

— Sent a favorable response to the zoning board of appeals for a variance request from Emre Tozser, who wants to subdivide a parcel on New Scotland Road into three lots. One of the proposed lots has an existing structure that does not meet current setback requirements;

— Scheduled a public hearing for David and Kim Raylinsky Jr. to allow them to keep sheep on 3.2 acres on Indian Fields Road, which is zoned for residential and agricultural use.
"My wife and I are tired of cutting the grass," David Raylinsky Jr. said. He said that he will fence the area. They may also put chickens or guinea hens on the property, he said; and

— Scheduled a public hearing for a request by James Olsen of Olsen’s Nursery to add 1,296 square feet onto each of two plastic-covered green houses. Olsen also requested the addition of two 816-square-foot hoop-type plastic-covered cold houses, and an 864-square-foot framed cold storage building.