Town of Olive
County of Ulster
State of New York
March 7, 2002

Minutes of a special meeting of the Town Board of the Town of Olive held Thursday, March 7, 2002, 7:30 pm at the Town Meeting Hall in Shokan, NY. The purpose of the meeting was to meet with representatives of Olive CARES and their attorney.

Others Present: Drayton Grant, Attorney for Olive CARES; Linda Barash, Pat Webb, and Donna Mauer

Drayton Grant stated that the Town Board had wanted the Town Attorney to review their proposals and though Attorney Graham has not sent anything back in writing he did verbally state that he liked the proposals.

Supervisor Leifeld requested they review the information. Ms. Grant stated that much has changed in the cellular business since they last met in July. She stated the town cannot deny wireless companies and cannot address health hazards; therefore, it leaves the town with saying where the town wants them to be and what they may look like. She stated since the Town of Olive has so many visual assets her clients feel this should be mentioned in the law in an effort to apply it. She introduced correspondence #21-02 that had previously been discussed at a July meeting with the Town Board. She stated that radio and television need not be addressed under the Telecommunications Act and they suggest these be removed from the current wireless law. She addressed all concerns as outlined in the correspondence stressing the need for less visibility of structures—noting this was a main concern. The group requests the maximum height be 90 ft. versus 140 ft. with 3 collocated antenna versus 6 and stated that the ambient tree height should be 60 ft. instead of the 80 ft. noted in the law.

Discussions occurred on stealth issues involving towers and preferences for placement of towers.

Ms. Grant requested the Town Board speak to Attorney Graham who has received these proposed changes and suggested the public then get involved in these proposed changes with a public hearing.

Ms. Drayton stated that once the town approves a tower then it is a magnet for use and one thing about keeping a tower low is that it would have less users. She noted that in Woodstock several violations have been issued on existing towers for adding extra users without reapplying for permits.

Supervisor Leifeld stated he would speak with Attorney Graham to get his input and stated he doesn’t see that it changes much of the existing law. Council Member Chase stated she would like to see the visual aspects addressed. Council Member Burkhardt stated the Town Board would need to make sure that everything is defensible. Ms. Grant stated that the information her clients are presenting has been taken from other municipalities’ laws and have proven effective for them.

General discussion occurred on NEIR annual certification. The Town Board’s general consensus was that the additional information on pinning down what is required in annual certification could be a positive addition.

All business pertinent having been discussed the Town Board adjourned at 8:50 pm on a Leifeld/La Monda motion.



Sylvia Rozzelle