At its October 26 meeting, The New Paltz Town Planning Board hammered out the scope that must be covered in the Environmental Impact Statement (EIS) for a proposed cell tower at 60 Jansen Road. The proposed 150-foot tower would be erected on a property of just under 45 acres, requiring numerous trees to be cut down to make room for the tower and a gravel access road. Board members have raised concerns about the animals in those trees, as well as about the visual impact of the tower, which could end up being as tall as 178 feet if fully fitted with additional antennae.
Since a positive declaration of environmental impact was made pursuant to the state’s environmental review (SEQR) law, members of the public must be given opportunity to weigh in on the scope of what’s to be studied. Residents were permitted to speak at a hearing about the draft scope provided by the applicant’s consultants.
Board attorney Richard Golden, who laid out the process for the board, said that this draft scope was better than many the attorney has reviewed. The board must issue a findings statement about how significant impacts can be mitigated.
Because cellular service is covered under federal law, Golden noted, the planning board is precluded from considering impacts of radio frequency emissions, or whether a light is needed atop the spire. Visual impacts can only be considered from locations accessible to the public. There is also a 150-day limit from when this application was submitted until when the project is fully approved or rejected, although that period can be extended by agreement.
The planning board found several aspects of the project would have a significant impact. The tree removals could impact the habits of predominant species of animals. The visual impact would be out of character for this residential area. The structure is inconsistent with town plans and code, in part because it’s outside the wireless overlay district. And it’s inconsistent with the architectural style and natural landscape nearby.
Several residents who commented largely agreed with the areas to be studied. Terry Merrill advised that an attorney hired by 19 neighbors has asserted that the project may be deficient under the federal Telecommunications Act of 1996. Environmental conservation board member Ted Nitza noted that town protocols for conducting habitat assessments should be followed.
Board members provided some substantive suggestions. Jane Schanberg would like another balloon test, reasoning that a four-foot balloon did not give an accurate sense of size when the tower could be as much as 23 feet in diameter, which Schanberg termed “living-room scale.” Schanberg would like to see impacts at 140 feet in height studied as well. More sites for pictures of the balloons were also suggested, such as from the lookout on the hairpin turn going up the ridge.
Shanberg also wants to see what the tower might look like using the silo style instead of the proposed monopole or the stealth-tree design. Neighbor Alyse Solomon observed that this tower would rise at least 50 feet above surrounding trees in any case. Wireless consultant Mike Musso said that silos were not very common in Ulster and Orange counties, and noted that such a style would add visual bulk because it would be the same width all the way down.
A more thorough consideration of alternate locations on the property should be part of the wildlife impact review, according to Amanda Gotto. By expanding from simply the most endangered to the “predominant” species the habitat assessment will include common mammals and also bees. Attorney Golden emphasized that only the general impacts on the insects could be discussed, not anything that specifically ties radio frequency emissions to the pollinators. Since studies of radio frequency emissions on humans cannot be considered, judges would not likely support requirements for studying non-consenting species instead.
The board’s attorney was authorized to make final changes to the language based on what members had asked for, and to send it to the applicant as soon as possible.
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