S.A.F.E. at Loudonville - loudonvilleny

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ACTION ALERT: WHAT CAN PRIVATE RESIDENTS DO?

For sources on property devaluation near cell towers visit this link. Consider grieving your taxes for a tax down grade. 

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Welcome to S.A.F.E. at Loudonville

Residents supporting School Areas Free of Emissions

In June 2009 the Town of Colonie Zoning Board approved a variance for Verizon and the Loudonville Presbyterian Church at 22 Old Niskayuna Road to erect a 60' cell tower on the church property. Potential long term health risks of the electromagnetic radiation from cell towers make this project highly controversial, as the project borders Loudonville Elementary School. The 1996 Federal Communications Act impacts this issue by unconstitutionally limiting state and local governments. The research that supports the federal act is not based on non-thermal effects, and is out of date.

Many parents with children in attendance at Loudonville Elementary School learned about the project for the first time on March 9, 2010.

The purpose of the Web site is to inform residents that oppose this and similar projects to help you 1) advocate for children to protect them from the potential long term health risks of the 20 year renewable lease that accompanies this project; 2) Protect your property from devaluation; 3) help you maintain the quality and character of our residential and historical community.

• Use the letter templates found on this site to petition the church to abandon the project.
• Influence the Colonie Planning Board to vote no on such projects through letters, e-mails, phone calls, and meeting attendance. E-mail: colonie@colonie.org 
• Petition North Colonie Central School District to rewrite their policy book to require that all legal public notices be sent home to parents in their original form and publically archived in original form on the district Web site categorized by the school location to which they pertain.
• Attend public demonstrations, town board meetings and other public meetings. Find important calendar dates here.

Legal Notice: Osborn Road Proposed Cell Tower

Legal Notice from Spotlight Newspaper dated 4/13/11. Click article to enlarge.

Legal Notice: April 28 Hearing,Osborne Road Proposed Cell Tower
April 28 Hearing_Osborne Road Proposed Cell Tower.JPG 2011-04-15

Videos

Maine Hearings Dr. David Carpenter.mov

Dr. David Carpenter, expert witness, Public Heath expert, University Albany, testifies in support of The Children's WIreless Protection Act.

Bio-Effects of Electro-Smog

Dr. David O. Carpenter, Director of the Institute for Health and the Environment at SUNY Albany, lays out the evidence for the serious human biological effects of electro-magnetic field exposure from electric power lines, cell phones and wi-fi technology summarized in the BioInitiative Report ( www.bioinitiative.org ), which he helped produce. This is a companion piece with our popular interview with the Report's editor, Cindy Sage, which has chalked up over 20000 views ( www.youtube.com ). Interviewer Mary Beth Brangan. Camera and edit James Heddle.

Site Map

11/28 Legal Ruling for Loud Presbyterian Cell Tower

11/28/11 Court Rules in Favor of Presbyterian Church Cell Tower; 12/1 Town Updates Community

A federal court ruling occurred on 11/28/11 in favor of Verizon Wireless regarding construction of a cell tower in Loudonville @ the Loudonville Presbyterian Church. The ruling imposed an injunction against the Town and requires within 30 days the Town to grant all permits to allow for cell tower construction. See above attachments for the filing and case ruling. The actual construction time for most cell towers is generally swift once started. In May of 2010, the Town of voted to deny Verizon’s application to build the cell tower. Verizon filed the law suit on June 27, 2010 aimed at reversing the Town’s decision.

Times Union 12/1/11 Article: http://www.timesunion.com/business/article/Cell-phone-antennae-in-church-tower-OKd-2336538.php

On 11/30/11 Town Supervisor Mahan called a meeting for the purpose of spreading accurate information regarding the outcome and the Town’s position in a timely manner. The meeting summary is as follows:

• Town Attorney Mike Maguilli said he believes there is “legal merit” for having rejected the tower at this location. However he said he advises the Town to abide by the ruling for the following reasons: The ruling's strong wording would influence an appeal outcome; Verizon Wireless could cross appeal; the financial risk involved in appeal is too substantial a risk for the Town to take, as the Town would be required by law to pay damages to Verizon Wireless if the appeal was lost.
• Maguilli reminded that this was the last cell tower application to be processed prior to the passage of Town code that has since been created to include specific Town law regarding telecommunications facility siting. All telecommunication applications since this one have been subject to this code. Maguilli said under the current code this location would not have happened.The Town also utilizes third party telecommunications consultant, The Center For Municipal Solutions, at no cost to the Town in its efforts to regulate communications towers and wireless facilities. See 
• Maguilli confirmed that for all project applications that require legal public notification, the Town will expand the legal public notification radius from the current 200 foot radius to 2,000 feet. S.A.F.E. at Loudonville advocated for this change earlier this fall.

Additional Resources:

Spring 2011 Osborne Rd Cell Tower Activity in Loudonville

5/26/11 Town Board to Vote on Water Tank Proposed Option and Lease with Verizon Wireless: to erect a telecommunications facility on the water tank. This tank is located behind Price Chopper. There are already multiple telecommunication tenants on the tank. The original vote scheduled for 4/28/11 was postponed due to resident input. In short the lease was not in a form that was ready for consideration. 5/26 the Board will try again to vote on whether it should be signed. S.A.F.E. encourages residents to FOIL request the proposed lease and attend the meeting. Address the Board during the public hearing time with your concerns that other pre-existing sites away from neighborhoods should first be considered.

Update: On 5/26 the Town Board voted "yes" for an option and lease to Verizon Wireless even though there is still no lease drafted or before the Board at this time to consider. The public raised discontent and objected to placing a vote before having a lease drafted. There was one "no" vote on the Board, who said voting yes at this time "would be like signing a blank check" since the lease has not been drafted. The drafting and negotiation of the terms of the option and lease will now take place through the Town's legal department. The public raised many detrminental SEQR effects already taking place including health concerns, the threat of decreased property values, with one resident that is going to move because of this project.

Hunts End Water Tank Removal in May Creates Threat of Cell Tower To Be Erected There: Hunts End is an “L” shaped road; one side comes out on Crumite, the other side comes out on On the angle of the "L" a Town water tank was recently taken down and moved farther back into the woods. There was a telecommunications facility (cell tower panels) on the tank. The lease states that the telecom entity can erect a stand alone cell tower at the original tank site. Residents are concerned that this lease not pre-empt the legally required review process. S.A.F.E. encourages residents to FOIL request the lease and write letters to the Town with any questions or concerns that the legal process be followed.

The Signal Is Clear--Town Defeats Cell Tower! (Old Niskayuna Rd)

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