The most troubling aspect of our current code occurs on page 11, where the one-word code change adopted by the Board of Trustees (BOT) on 10/6/20 regarding Village-owned properties is inserted. At this juncture, the Code takes an unusual 90-degree turn, saying that all provisions and protections stated in the first 10 pages are null and void with respect to Village-owned properties (VOPs). In other words, “all bets are off” with any code requirements if the town wants to put a cell tower on its own property. With this one-word change from may to SHALL, the Village has exempted itself, and your rights as a resident, from all code requirements.

If we do not win our DJA Suit, the Village will have carte blanche to make all decisions regarding the siting, location, construction, set-back, and fall-zone requirements, regarding cell tower installations on 25A and Wolver Hollow Road (WHR). This will also be the case down the road on Chicken Valley.  Both are Village-owned properties.

If this one-word code change does not revert to the original language in (Position A of the DJA Flowchart), not only will your input will be factored out, but you will lose the protections NYS Municipal law gave you when you bought your property when you were guaranteed a fully functioning ZBA whose mandate is to enforce good code requirements that protect your interests!  

Note that you may not like how the BOT’s decisions, in the absence of Code, could affect your property values, the character of the Village, your sight line to the cell tower, how close a tower is located to your property line, etc. This is just one of many important reasons why we want code protections for cell towers installed on Village VOP’s, restored!

Please question why the protections of a good code suddenly will not apply to a tall cell tower at these locations. Are you okay with your resident rights and protections becoming irrelevant under this scenario?