Cell tower proposed at Pine Island firehouse
By Jessica Glenza
PINE ISLAND — Pine Island Fire District Commissioners could approve a 150 foot freestanding cell phone tower on the district’s County Route 1 firehouse property as soon as Nov. 21.
Some hamlet residents are opposed to the project, saying the mono-pole will detract from home values, Pine Island’s rural aesthetic and could have adverse health impacts.
Pine Island Fire Commissioner and deputy chair George Haas said none of the district’s five commissioners have made a final decision on the matter. But he said the pole could improve emergency communications in the region and offset taxes with lease payments of between $24,000 and $96,000 annually from cellular companies.
Haas called cell towers a “necessary evil.”
“Technology is just something that’s coming," Haas said. "I don’t believe anybody wants to deface or do anything to anyone’s community.
“It’s inevitable that the tower’s going to go somewhere," he added, "and if we can benefit as a community from emergency services communications then that might be a decision that’s hard to make, but a necessity for safety and the lives of individuals in this area."
Opposition
Fire commissioners have been discussing AT&T’s proposal to build and lease the 150-foot tall, galvanized steel tower since spring 2013, but many residents said they only learned of the proposal after neighbors received letters drafted by attorneys, in late October.
Those residents’ properties are within 300 feet of the proposed tower.
“Because of the limited amount of time we had to educate ourselves, it just seemed very un-neighborly,” said Theresa Benjamin, a mother of three and a homeowner whose property is within 300 feet of the proposed cell tower and fenced-in equipment enclosure.
Fire district officials have placed legal notices in newspapers and followed public notification laws, including placing on legal notice on Oct. 15, informing residents of a public hearing on the matter.
Another public hearing is being held on Wednesday, Nov. 20, with a vote possible as soon as Nov. 21.
If approved, the tower could be finished by summer 2014, Haas said.
Approvals
Normally, construction of new, freestanding cellular towers would need to be approved by the Warwick Town Planning Board and the Zoning Board of Appeals (ZBA).
However, because the fire district is a government agency, it may not be subject to land use laws. The New York State Supreme Court crafted a nine-point test to determine if government entities, such as fire districts, are subject to land use laws after the court heard the County of Monroe v. City of Rochester case.
The test considers factors such as the use, public benefit and location of proposals.
Ultimately, whether the fire district is subject to land use laws may be the interpretation of attorneys. Haas said an attorney for the fire district, Frank Simeone, advised the district they should act as the planning board, approving a site plan and then bringing it before the ZBA. Simeone did not respond to a call for comment.
Warwick Supervisor Michael Sweeton agreed with the fire district’s assessment.
“They have the option of controlling this process themselves," Sweeton said. "They don’t have to come to the town planning board.”
To fulfill a “fall zone” requirement, a variance will be needed from the ZBA.
Fred Budde, a senior attorney for the Orange County Planning Department, called the fire district’s adherence to land use laws a “matter of opinion."
“It depends on the type of public interest they’re fulfilling,” said Budde. “It’s kind of a gray area.
“Unless the Warwick code states specifically that fire districts are exempt they’re not exempt,” Budde added.
He also pointed to a passage in the Monroe decision that states: “Unless a statute exempts it, the encroaching governmental unit is presumed to be subject to the zoning regulations of the host community where the land is located.”
Normally, the Orange County Planning Department would also weigh in on the project because of its frontage to County Route 1. However, any suggestions from the county planning department could be overruled by a supermajority vote of the fire commissioners, a 3-2 vote, according to Sweeton.
Property value
Of two real estate agents contacted, both said a cellular tower could affect nearby homes’ marketability, or the number of people interested in purchasing a home, an anecdotal measure indirectly tied to property value.
“If you had a cell phone tower in your backyard, yes, it would definitely detract buyers from your home and possibly lower the value of your house,” said real estate agent Barbara Dooley, of Better Homes and Gardens Rand Realty in Warwick.
A study of the visual impacts of the proposed tower, conducted by Tectonic Engineering & Surveying Consultants of Latham, for AT&T, acknowledged that the tower could have a “slight adverse impact on existing views of the area,” but that the structure’s galvanized steel, “will aid in reducing visibility.”
According to the study, the tower would be visible from, “most of the farming fields on Van Sickle Road,” and “partially visible” from County Route 1, Pulaski Highway and Glenwood Road.
Next
A regular meeting of the Pine Island Chamber of Commerce is scheduled for Tuesday, Nov. 19, at 7 p.m., in at the Pine Island Firehouse, and president John Redman said the cell tower will be a significant item on the chamber’s agenda.
He said the chamber is soliciting public comment, and hasn’t taken a position on the tower.