BARBARA LIVINGSTON NACKMAN
THE JOURNAL NEWS
Original publication: Feb. 14, 2001

PHILIPSTOWN — A federal judge has ordered Philipstown to allow a new cellular phone tower within its boundaries, despite local objections. U.S. District Court Judge Charles Brieant ruled last week that the town is required to issue a building permit to Sprint PCS for a 110-foot tower, adding that the the company must "minimize the visual impact of the antennas."

Michael Kelly, who lives next door to the site of the proposed tower, said he was "aggravated" with the ruling.

"I'll see it every day. There is nothing between me and it," Kelly said. It will be visible from any hilltop home and from the Appalachian Trail, he added. "Every cell tower company executive should have one of these on his or her own front yard."

The town's Zoning Board of Appeals had denied a permit last February for the construction of a wireless tower on residential property on Route 9, south of Travis Corners Road.

The town had said the tower would be visible and would not fit in with the scenic vistas in the area. The tower, set back 150 feet from the property line, would decrease property values, the town argued.

But the judge set aside the zoning board's ruling, saying it was based on general aesthetic grounds, not specifics, as required by the federal Telecommunications Act of 1996, which limits the ability of local municipalities to stop new towers.

The town did not demonstrate "specific aesthetic concerns" or offer evidence that would show how the neighborhood would be damaged, Brieant said.

The tower will "fill a critical gap along Route 9," said Kathleen Dunleavy, Sprint PCS spokeswoman.

"We want to be good neighbors, but we have a serious hole right now in this community," she said.

The proposed tower is scheduled to be capped with a nine-panel antenna. Equipment will be stored in sheds within a fenced area on the property of Jae Kwan and Shin Ja Lee, who agreed to lease the site to Sprint for an undisclosed amount, Dunleavy said.

Telephone messages left at the Lee home were not returned.

The company plans to use greenery on the pole to help it blend in with the rural character of Philipstown, Dunleavy said.

The judge "provided a good accommodation and is allowing the town to have a say in what the structure will look like," said Richard M. Mahon II, a Newburgh attorney representing the town.

"We were sold out for the betterment of a company," said Zoning Board Chairman Vincent Cestone.

An alternative location would have been a better solution, he said.

"Cell towers are necessary," Cestone said. "But there are ways to do it without devastating a neighborhood."

Cell towers are not new in Philipstown, Mahon said, noting that other companies have shared existing poles throughout the town. "But this is in someone's back yard, smack in the middle of a residential district."

The Town Board could appeal the ruling, but Mahon said he had not discussed options with officials yet. The Town Board meets for a work session Feb. 21.