A proposed cellular transmission tower in Vails Gate has barely begun working its way through the town's review processes, but opponents already are preparing for a possible legal challenge down the line.
Nextel wants to erect the tower behind the Vails Gate firehouse on Route 94, just north of the so-called Five Corners intersection with Routes 32 and 300.
Its neighbors would include two apartment complexes, a church, a small school, a medical arts building and a number of commercial establishments.
Opponents have been peppering town officials, the media and others with numerous documents the past few months, including court cases where links between cell towers and cancer have been alleged, and have called for the town to hold a hearing on the plan.
Last week, Nextel officials met with the Town Board at a work session. Supervisor George Green said the board will refer Nextel to the Planning Board for review. After that, it will come back to the Town Board. Each panel will then be required to hold a public hearing.
"We've got to decide if this is a public benefit," Green said.
Nextel said it needs a tower in that area to properly serve not only residents but public safety workers who use Nextel phones. Town police and other town employees use Nextels.
But Eric Raphael, one of the critics of the plan, and a Nextel customer, said he gets virtually perfect service all over town now.
"They haven't proven any justification for putting (the tower) there," Raphael said.
Even Green said he knows of only a few problem areas, but he said he's taking a wait-and-see attitude.
Not so members of the opposition. Raphael estimated they'll need to raise about $15,000 initially for a court challenge should the tower be approved.
But on a more immediate level, they'll be holding what Raphael described in a news release as "a lively, friendly discussion" on how to stop the cell tower at 3:30 p.m. tomorrow in the Saint Catherine cottage on the grounds of the Convent of Saint Helena, 701 Blooming Grove Turnpike.
The town would not be able to reject the tower on environmental or health grounds if it meets Federal Communications Commission guidelines, but it could be rejected because of aesthetic concerns or if a case could be made that it would devalue surrounding property.
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Opponents preparing to combat cell tower
Source: RecordOnline.com
Date: 11/17/2007
