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GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
IRA A. PERGAMENT
ANTONIA T. LUCIA
JOAN F. GARRETT**
THOMAS R. DAVIS
CHRIS MULARADELIS
VERGILIS, STENGER, ROBERTS & PERGAMENT
AITORNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(914) 298-2000
FAX (914) 298-2842
RECEIVED
SfP 29 1997
SUPER VIS I
TOWN OF ~~ SppOFFICE
. 1'\ INGER
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LEGAL ASSISTANTS:
DALE O'DONNELL
AMY E. WOODARD
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE. NY 12601
(914) 452-1046
*ADMITIED TO PRACTICE
IN NY & FLA.
**ADMITIED TO PRACTICE
IN NY & CONN.
ADDRESS REPLY TO: ( ) POUGHKEEPSm
( ) WAPPINGERS
September 24, 1997
Town Board, Town of Wappinger
20 Middlebush Road
Post Office Box 324
Wappingers Falls, New York 12590
Re: Cellular Towers
Our File No: 12951.0293
Dear Board Members:
As directed, my office has investigated the topic of cellular towers and how they should be
addressed in our zoning law. Last evening, Toni Lucia and I, together with Connie Smith and
various members of the Planning Board and Zoning Board of Appeals, attended the Planning
Federation's Cellular Tower Workshop, held at the Farm and Home Center on Route 44 in
Millbrook. In addition to attending the Workshop, we have undertaken initial research into the
topic. Through the courtesy of Dan Wery, we were provided with a legal research document
prepared for the Town of Pound Ridge by the Government Research Center of Albany Law
School (dated August 19, 1997), together with copies of local laws adopted by communities in
Westchester County. To be sure, the Workshop also provided two copies of local laws for
consideration.
My recommended course of action for the Town to follow is to:
1. Immediately adopt a moratorium on the placement and construction of cell towers
for a period of 120 days;
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Town Board, Town of Wappinger
September 24, 1997
Page 2
2. Immediately hire the services of a telecommunications engineering consultant (it
is very clear from al! the infonnation I have read and from the comments at the
workshop that the hiring of a consultant is an absolute necessity); and
3. Adopt a comprehensive Zoning Amendment, consistent with the Federal
CommUnications Act of 1996.
Walter A. Cooper of the fInn of Flack and Kurtz, Manhattan, New York was one of the
speakers at the workshop last evening. Mr. Cooper has been retained by the TOwn of NOnheast,
and, according to NOnheas!'s TOwn Attorney, Warren Replansky, he has received very favorable
comments about Mr. Cooper. I Was also given the name of Paul Lent (suPplied COurtesy of
Jennifer Van Tuyl, Esq.), who is out of the Albany area.
Last MOnday, Bel! Atlantic submitted a proposal for a 140 foot tower located off Old Route 9,
near the Evans Elementary School. Accordingly, time is of the essence with respect to any
action YOO wish to take. I am also enclosing a copy of Dan Wery's report regarding the Bel!
Mabile eel! tower application which I hope yoU wil! find infonnative and of assistance.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
iffivf f! A(i (~J
ALBERT P. ROBERTS
APR/jwm
Enclosure
pc: Hon. Constance O. Smith, Supervisor (sent to Town Hall)
Hon. Robert Valdati, Councilman (sent to home address)
Hon. June Visconti, Councilwoman (sent to home address)
Hou. Joseph Ruggiero, Councilman (sent to home address)
Hon. Vincent Bettina, Councilman (sent to home address)
Joseph E. Paggi, Jr., P.E.
Daniel K. Wery, AICP