Albany County is asserting that towns in its domain will no longer have a guaranteed right to hold public hearings, exercise zoning authority, consult comprehensive plans, or perform environmental reviews on public safety communication towers that Albany County considers necessary.
News 3/15: Albany County has applied to build another 180' tower in Berne. Read the Public Notice.
The Albany County Sheriff's Department (the Applicant) asserts that a new emergency communication tower should be built to serve the Town of Rensselaerville. Money is available from a Public Safety Fund and the Sheriff's department has contracted with Motorola and other vendors, consultants and lawyers to secure the right to build the tower.
An application was submitted on July 2, 2015. Two publicly-announced hearings were held on August 6 and September 3. The hearing was closed on October 1.
Home rule is under threat:
Albany County is asserting that towns in its domain will no longer have a guaranteed right to hold public hearings, exercise zoning authority, consult comprehensive plans, or perform environmental reviews on public safety communication towers that Albany County considers necessary. Since public safety technology has been mandated by the US Congress to transition to broadband usage within four years (through a "build-out" partnership between commercial carriers and firstnet.gov), the ramifications of this precedent, if not stopped, could be immense. Governmental auctions to commercial carriers for broadband usage began on January 13, 2016 and are due March 17, 2016 for this new nationwide mandated initiative.
Rensselaerville may lose zoning control over the scenic beauty of our hills, open spaces, and historical agricultural landscape for all commercial-public safety communication towers, and conceivably other county projects proposed as necessary, if this precedent is set.
Moreover, since the Edwards Hill tower has never been tested as to its broadband capabilities, no one knows whether it can meet Rensselaerville's safety needs as established by the new coverage maps that will be mandated for our area by FirstNet's legislative authority. Without being tested for compatibility with these new broadband mandates, we do not know whether we will be forced to accept one or more additional towers.
In making this bold move, the County will also nullify the July 2015 Albany County planning board application, the planning board and public hearings held from July to October 2015, the Environmental Review, and the October 15 2015 planning board's determination for the Edwards Hill tower.
By attempting to bypass local planning board and zoning authority, the County (and Town) are choosing not to defend themselves against any of the filed charges in the "Scenic Rensselaerville" suit, including violating local zoning codes and the comprehensive plan, failing to complete the required environmental review, failing to consider adequately alternative sites that would protect our visual resources, submitting error-ridden and possibly fraudulent materials, and failing to meet the "open-government" rules that ensure transparent meetings and public participation to all members of the community.
The Applicant secured permission from a property owner at 231 Edwards Hill Road, where the tower would be in direct line-of-sight of many of Rensselaerville's scenic Catskill mountain vistas.
Only one other location was seriously explored by the applicant, with documented data being presented to the public. The owner of that location withdrew from consideration. Community members have worked with a GIS specialist and have offered alternative locations. Numerous property owners have asked to be considered for the tower to be placed on their property. GIS data has been run on some of these sites and contact information has been given by the community to the applicant. However, these alternative locations have not been seriously considered or visited by the applicant and no data has been run on them.
The first location for the tower was in Potter Hollow, chosen for its ability to get signals down into the low-lying areas along Rt 145 and Potter Hollow Road. The property owner declined and apparently suggested this location on Edwards Hill Road.
The 180 foot tall steel lattice structure will be built on a concrete foundation. An access road needs to be improved onto the property and new power lines run.
See Drawings (pdf) Site Plan | Tower Specs
At least twleve different emergency-services antennas are planned for the tower. Unfortunately, the newest technology will not be installed. FirstNet, the latest available standard for emergency-services communications is not being implemented. Read More (pdf)
The Sheriff's Department asserts that this tower will provide improved emergency-services communication in Preston and Potter Hollows, though maps indicate there will still be low-lying areas not covered. These are the same areas most vulnerable to flooding from the Catskill Creek.
See GIS Study (pdf) indicating gray areas likely not covered by this tower.
Yes, in 2007 the Town of Rensselaerville commissioned maps to be made of the scenic views and vistas for the purpose of protecting them. The Edwards Hill Tower is in the middle of these protected view sheds.
See Map (pdf 2.6mb)
The tower will be built on a forested ridge, of a steel lattice frame. These structures have been shown to be a risk for migrating birds.
In a 2014 study conducted by the The National Institute for Science, Law and Public Policy, 94% of respondents said a nearby cell tower or group of antennas would negatively impact interest in a property or the price they would be willing to pay for it.
Concerned citizens of the Town of Rensselaerville petitioned the planning board to undertake an environmental impact study before approving this application. On October 15, the town voted to cut short a full environmental analysis (an Environmental Impact Study) that could have led to alternative locations being considered. Although the planning board admitted that a tower on Edwards Hill would have significant aesthetic impact, would be in stark contrast to the rural community character of Rensselaerville, and would violate adopted land use plans, these were determined to be of "no importance." If the board had determined these to be important, an Environmental Impact Study would have been mandated.
Section 3.2 states:
"No new telecommunication tower which would have an adverse visual impact upon sensitive areas, such as those set forth on Map 6 (“Scenic Views and Vistas”) of the Town’s Comprehensive Land Use Plan, or the Town’s historic sites, shall be approved."
The purpose of the Planning Board -- whose members are appointed by the elected town board -- is to guide and control land use in order to promote the health, safety and welfare of the inhabitants of the Town of Rensselaerville. In order to achieve this purpose the Board has regulatory and planning responsibilities. In all cases, the planning board has an obligation to uphold the existing zoning laws and land-use guidelines determined by the town.
If you object to the planning board approving the application for the Edwards Hill location, please let SCENIC RENSSELAERVILLE know by providing your contact information below. We need to hear from you right away. Thank you!