Westerlo County Approves Verizon-Leased Cell Tower Over Objections

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Last week, the Westerlo Planning Board unanimously approved an application submitted in October 2016 by Tarpon Towers II to construct a 120-foot cell tower on County Route 405, reported The Altamont Enterprise.

The tower, leased by Verizon, will bring 4G coverage to customers in Westerlo, South Westerlo, Greenville, and Medusa. After months of testing various sites, the location at County Route 405 was deemed “the perfect spot” by the board to bring better service to the county due to its high elevation.

Common objections by area residents were voiced beginning in October, including the visual impact of the tower on sightlines, including the Restifo Preserve, a sanctuary owned by the Mohawk Hudson Land Conservancy. “It’s pristine,” noted resident Lorraine Pecylak at a public hearing. “People go there for the spectacular sunrises and sunsets.” Pecylak mentioned bringing Article 78 against the town should the tower get approved. Article 78 New York Civil Practice Laws and Rules, allows citizens to have court review of a government action or decision and monetary compensation is sometimes awarded.    

Other concerns include decreased property value, effects on area wildlife, and potential health issues related to RF emissions. Regarding this last point, Josh Silver, an attorney from the Murray Law Firm representing Verizon told The Altamont Enterprise the tower’s emissions will be tested three times a year, and the results will be shared with the town. Plus, according to the 1996 Telecommunications Act, governing bodies cannot regulate wireless service facilities “on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”

Conversely, some area residents are pleased that better coverage will come to their rural community. Resident Lee Sawyer, who lives near a tower and benefits from better mobile coverage, encouraged residents during a board meeting to consider friends and family who might need assistance in the event of an emergency. Inability to get medical attention during a potential crisis is one challenge of living in the country that better cell service can alleviate.

Before voting, board members considered the opinions of supporters and detractors. “So, we have up to 200 people who really don’t want it,” said board member Edwin Stevens. “And we’re in a town of, like, 3,500 people.”

The construction of the tower awaits approval from the Albany County Department of Public Works. Once constructed, up to three carriers can lease space on the tower, pending board approval.

May 30, 2017      

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