Voters reject move to block cell tower

FALLS VILLAGE — Voters rejected an attempt by opponents of a proposed cell phone tower to force the town to take legal action against the Volunteer Fire Department for allowing the tower to be built on the site of the new firehouse.

The paper ballot vote on the question was 66 “no,� 29 “yes� to the resolution.

The vote was held at a lively town meeting Tuesday, April 21, at the Lee H. Kellogg School.

The resolution was the result of a petition circulated around town for at least two weeks and presented to First Selectman Pat Mechare in time to make it onto the town meeting agenda.

The petition asks the town to  “pursue appropriate legal action to return to the town the portion of the fire department property on U.S. Route 7 previously deeded by the town that has now been leased to Cellco Partnership/Verizon Wireless for construction of a cell tower because such lease violates the provisions of the deed from the town.â€�

The petitioners claim the fire department violated the terms of the lease — specifically what is known as a reversion clause — when it signed a deal with Verizon, a for-profit company, to construct a cell tower.

Lou Timolat, who was first selectman when the deal was signed, said his “explicit understanding — and that of the Board of Selectmenâ€� was that the reversion clause involved the town taking possession of the property as the owner  “in the event the fire department ceased operating, and not for any lesser transaction.â€�

Town attorney Donna Brooks said the cost of the town filing suit against the fire department would be considerable, and warned of what she said would be several years of litigation. During that time, she added, the department would be severely hampered in seeking loans or grants.

“The selectmen did ask me, and in my opinion this does not trigger the reversion clause,� she said, and added that she believed any ambiguity in the matter would probably go in favor of the fire department.

Several voters mentioned the revenue, some $18,000 per year, the fire department expects to realize from the tower. “That’s a lot of fundraisers,� said chief David Seney.

LeeAnne Lasher, a petitioner who lives next to the firehouse site, said, “I want the fire department to have full use of the property, but it was quite a shock to me when I read the deed and then the lease signed with the cell phone company.

“It really doesn’t matter if it’s a cell tower or a billboard or a casino. I don’t think the $18,000 is the greatest benefit to the town.�

As the meeting wore on, Ellery Sinclair and others spoke of health hazards they say are associated with cell towers.

Mechare pointed out that it is the Siting Council, a state agency, that decides where towers go. She added that the state must comply with a federal mandate that requires all towns to allow the construction of the towers.

During the at-times emotional discussion, meeting moderator Fred Petersen attempted to keep the comments relevant, and many voters exercised their right to yell, “Point of order!�

In the end, though, the point of view expressed by Gale Toensing seemed to be widely shared. “I acknowledge the health and aesthetic concerns,� she began, “but I balance it against the need for public safety.

“This is a way of getting at the tower through the fire department. If the town sues the fire department, aren’t we suing ourselves?

“The town should not be asked to pay for this. The opponents should sue privately to oppose the cell tower.�

In the earlier, routine part of the meeting, the voters approved the receipt of the final audit of town finances and the reports of the various town offices; approved a list of banks for deposit of town funds; approved a request for funds to extend the warranty on a town truck; approved a request for funds to repaint Town Hall; and amended an ordinance, adding water charges to delinquent taxes as reasons to deny a building permit.

With at least 97 voters present, plus observers, it was one of the largest town meetings in recent memory, according to Mary Palmer, the town clerk (who also made the motion for a paper ballot on the cell tower vote).

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