1967-08-22 PH6
A Public Hearing was held by the Town,Board, Town of Wappinger, in
the Town Hall, Mill Street, Wappingers Falls, N.Y., on Tuesday evening
August 22, 1967, on the Petition of Beacon Cable Corp. to operate a
Cable Television System in the Town of Wappinger.
Present:
Joseph H. Fulton, Supervisor
Vincent S. Francese, Justice of the 'Peace
Louis Diehl, Councilman
Elaine H. Snowden, Town Clerk
Absent:
William J. Bulger, Justice of the Peace
Louis Clausen, Councilman
Others Present:
Harold H. Reilly, Attorney to the Town
The Supervisor opened the Hearing at 8:07 P.M..
The Clerk read the following Notice of Publication:
Notice of Public Hearing On Application
by Beacon Cable Corp. for a permit to
use the Streets, Highways and Public
Places of the Town of Wappinger for
Installation and Operation of a Community
Antenna Television System.
NOTICE IS HEREBY GIVEN that Beacon Cable Corp. has heretofore
made application to the Town Board of the Town of Wappinger seeking to
obtain a permit to use the streets, highways and public places of the
Town, exclusive of the area of the Town situate within the corporate
limits of the Village of Wappingers Falls, for the purpose of installing,
operating and maintaining a community antenna television system to
furnish television service to the residents of the Town by means of a
master antenna cable system.
NOTICE IS FURTHER GIVEN that the Town Board of the Town of
Wappinger will conduct a public hearing upon the aforesaid application
at the Town Hall, Mill Street, Wappingers Falls, Town of Wappinger,
Dutchess County, New York, on the 22nd day of August, 1967, at 8:00
o'clock P.M., E.D.S.T., on such day, at which time all parties interested
will be heard.
Elaine H. Snowden, Town Clerk
Dated: August 3, 1967 Town of Wappinger, Dutchess County, NY
The Clerk offered for the record the affidavits of Posting and Publicat-
ion, duly sworn to and notarized.
Mr. Fulton asked the applicant if he cared to take the floor to give a
brief resume of his intentions.
Mr. Harry C. Calhoun, General Manager of Beacon Cable Corp. introduced
Mr. Diggins, attorney.
66
Mr. Diggins, representing the applicant (and Attorney with the firm of
Frederick & Rollison), stated that he was asked to represent the pet-
ition of the Beacon Cable Corp., then returned the floor to Mr.
Calhoun to outline the proposals.
Mr. Calhoun stated that the Beacon Cable Corp. was a reputable firm,
engaged solely in the business of CATV, and that they were applying
to the Town of Wappinger to do business in this Town. He noted
that his Corp. had submitted to the Board a complete, written pro-
posal, and a check in the amount of $4,500.00 - to be held by the
Board to defray whatever costs are involved in the acquisition of
the permit. He then elaborated on the system stating that in Beacon,
they operate a system with about 65 miles of plant, having 28,000
paying subscribers, furnish free service to some 65 charitable and/or
public organizations. They carry a full 12 channels, including a
local channel which they use for civic events, public information,
and there is no advertising on this channel. The proposal they
have made in Wappinger is very similar to their operation in Beacon.
He thinks they are well qualified, and that they have adequate fin-
ancial resources, and that he has submitted to the Board a copy of
the receipt from the New York Telephone Company for a cash deposit
in the amount of $60,000.00 for the telephone company's termination
charges (a deposit to be held by the telephone companyto'gua±antee
that -the company will lease from them 40 miles of plant when they
build it.) He further stated that they were familar with the type
of contract that the Town Board has agreed upon previously with
another firm, and that this type of contract is completely accept-
able to them, and would request that the Board issue a similar con-
tract in the name of Beacon Cable Corporation.
Mrs. Boyle, Ye Olde Apple Orchard, wanted to know the exact loc-
ation planned for the Tower.
Mr. Clahoun would not reveal any location, for several reasons, but
he did say that after making about six tests in Wappinger, they have
found about three locations acceptable. His reasons for not disclos-
ing them, he felt was understandable, that if disclosed the price
6 gr
of the property would triple. He assure Mrs. Boyle that whenever,
and wherever they build, that they will have the necessary building
permits and go through the necessary zoning procedures, and take
whatever steps are necessary in public relations.
Mrs. Boyle said she was still not satisfied with his answers, and
appealed to the Board to get a more direct answer.
Mr. Calhoun again stated that he had picked three locations, but that
he had not made a decision on any one of the three, adding that no
money had been deposited for any location.
Mrs. Boyle still felt this was not right, and that it should be made
a public matter.
Mr. Fulton answered that the Board couldn't force Mr. Calhoun to
name a location.
Mr. Calhoun replied that the area would be in the Couthern part of
the Town of Wappinger, and that the one piece of property they would
like would probably not get past the planning Board.
Mr. Fulton again mentioned that the Board couldn't force Mr. Calhoun
to give: a location for the Tower, but that the Board would take Mrs.
Boyles' objections into consideration.
Mr. Calhoun responded that all plans would have to be presented to
the Planning Board, as it requires Site Plan Approval and Special
Use Permit, but nothing has been prepared at this time.
Mr. Schroeder, Ardmore Drive, asked whether the readings in Ardmore
Hills were satisfactory for a location.
Mr. Calhoun answered that they were, but adding that they had no binders
on any property.
Mrs. Boyle said that she understood that they did have a binder on
certain property, and Mr. Calhoun emphatically said this was not true.
Mr. Schroeder wanted to know exactly what Mr. Calhoun meant by "an
operation similar to the one in Beacon", and what type of operation
he intended to have in the Town of Wappinger.
Mr. Calhoun stated that they have submitted the proposal to the Town
Board, and when he said similar to Beacon, he meant that they would
s 6 Arcarry the full 12 channels, the same type of services, FM, Local
channel - all services like they carry in Beacon, via lease -back from
the New York Telephone Co..
Mr. Schroeder wanted to know what he meant by local channel studio,
and if they have control over what goes out.
Mr. Calhoun stated that their studio in Beacon was about 12' by 15'
describing what facilities would be used, and the type of programs
shown from this station - it would be a continuous weather scanning
program with background music, and when something of importance.
came up, it would be put on.
Mr. Diehl wanted to know if there was any possible way Mr. Calhoun
could give a location that might not be in a residential area, be-
cause it might help the Board solve the problem, as these people
are primarily concerned with another Tower going through in an area
where it would be a safety hazard.
Mr. Calhoun understood their concern, but stated that he couldn't
outguess the Planning Board, all three locations would be present-
ed to the Planning Board for their suggestions.
Mr. Diehl asked if he could name one location that wasn't in a
residential area - that if the Planning Board accepted this, they
would be willning to go into that area.
Mr. Calhoun said that there was one area they had checked out that
there wasn't a home within a 14 mile, but would not identify it fur -
there.
Mr. Francese asked if there were any FCC regulations to control the
distance between the tower and the nearest property, according to the
height of the tower.
Mr. Calhoun answered no.
Mr. Diehl tried again to have Mr. Calhoun pinpoint the location.
Mr. Calhoun again declined to answer, for the reasons he mentioned
before, and elaborated by citing that he had complaints on file of
the tower on Mt. Beacon.
Mr. Stocker, Ada Drive, said he felt they sould not consider the
application further until the location was made known. He felt that
a Tower on Ardmore Hill would lower the value of their property.
•b <
Mr. Fulton called a three minute recess - 8:26 P.M..
Hearing called back to order 8:28 P.M..
Mr. Fulton made the statement that the Board would not act on the
matter of the application tonight, but that the people (making
reference to the Ardmore Residents) should voice their objections
to the tower going in that area, and that when and if a permit is
granted, the Town Board will take this into consideration in any
negotiations of a contract with this company. The attorneys have
advised also that it is not legally possible for the Board to demand,
at this point, but in the negotiation of the contract, the Town then
can. Any objections by the Ardmore Hills residents would be taken
into consideration.
Mr. Reilly added that the purpose of the Hearing was not to determine
the exact location of the tower, but to hear the objections -of the
residents of the area.
Mrs. Boyle asked if they had any say in the zoning being changed from
residential to commercial.
Mr. Reilly answered that it was a permitted use in a residential area,
as it was almost the same as a public utility.
Mr. Stocker wanted to know if any other action could be taken to
prevent this.
Mr. Fulton said there could be Civil Action - separate from the Town
Board.
Mr. Nance, Spook Hill Road, wondered how two companies in the same
area would be handled. Would it become more expensive?
Mr. Francese said there wouldn't be any higher cost involved-, and that
a loss would require the Company to go out of the -business or deliver
the service at the maximum that is allowed in the contract.
Mrs. Boyle asked what happens when one company goes bankrupt.
Mr. Francese said normally one company would step in, and buy out the
other.
Mr. Calhoun stated that it was conceivable that one corporation may
grow out of it, but the possibilities are unlimited.
Mr. Hunter, Town of Poughkeepsie, (Hudson Valley Cable Corp.) spoke
for his company, stating that they had a signal off Route 55, which
664
served the Red Oaks Mill area, and which would be capable of del-
ivering a signal into the northern end of Wappinger - could they
be considered at this hearing tonight?
Mr. Fulton ruled him out of order, as this was a Hearing for the
Beacon Cable Corp..
Mr. Francese advised Mr. Hunter that he had the right to bring app-
lication before the Board for his company.
Mrs. Keeler, Spook Hill Road, asked how many companies would be
coming into Wappinger, and if there was any limit to the number
that could come in.
Mr. Fulton asked Mr. Calhoun, "in the event your permit was denied
by the Town Board, would you make an attempt to come into the
Town of Wappinger anyway?"
Mr. Calhoun said, "They have indicated, in writing, that they will
abide by the wishes and decisions of the Board - under a dating
like May, or something like that."
Mr. Fulton answered Mrs. Keeler's question stating that the Town
Board had not set a policy at this time, of exclusive franchise.
Mr. Reill commented that the Town cannot allow an exclusive
franchise.
Mrs. Keeler then wanted to know if it could be re -worded in the
ordinance to cover it.
Mr. Schroeder said that the wooded areas around should be con-
sidered, instead of residential areas. The towers should be put
in remote areas.
Mr. Leach, Ardmore,Drive, stated that he was opposed to the site in
Ardmore Hills.
Mrs._ Boyle, Ye Olde Apple Orchard, stated that she was opposed
to the site in Ye Olde Apple Orchard.
Mr. Stocker, Ardmore Hills, opposed the site in Ardmore Hills.
Mrs. Leach, Ardmore Hills, opposed the site in Ardmore Hills.
Mrs. Furness, Ardmore Hills, opposed the site in Ardmore Hills.
Mr. Meade, Wildwood, Dana Place, spoke out against the Beacon Cable
Corp. pointing out that there were enough difficulties in the Town
already without creating more.
6 65
Mr. Begg, Market St., Wappingers Falls, asked if the less populated
areas would be neglected.
Mr. Calhoun said they would go where the potential is.
Mr. Furness, Ardmore Hills, asked Mr. Calhoun what the people
there would gain if the tower were there.
Mr. Calhoun stated that they don't know where the tower will be.
Mr. Furness said that assuming the Planning Board has approved, what
would they gain.
Mr. Calhoun discussed the advantages of CATV.
Mr. Schroeder, Mr. Furness, Mrs. Schroeder, Ardmore; Mrs. Keeler,
Spook Hill Road; Mr. Hancock, Bowdoin Lane; Mr. Meade, Mrs. Hanski,;
on basis there is already one contract with the Town, all oppose.
Supervisor Fulton called 5 minute recess - 8:46 P.M. - Hearing
called back to order 8:50 P.M..
The Supervisor asked if there were any persons present in favor of
the application.
Mrs. Schroeder, Ardmore Hills, said that most everyone wants cable -
vision to come in, just not in a residential area.
Mr. Diggins stated that after listening to the objections voiced,
mainly by the residents of Ardmore Hills,he had spoken with Mr.
Calhoun, and Mr. Calhoun had authorized him to say that he will not
make any application for a tower site in Ardmore Hills.
Hearing closed at 8:56 P.M..
Elaine H. Snowden
Town Clerk
MINIM •L. l 1•1•111 m n
W. and S. D.
NEWS
DISPLAY ADVERTISING -j- CLASSIFIED ADVERTISING
AX 7 — 3724
\\ 20 EAST MAIN STREET • WAPPINGERS FALLS, N.Y.
'NOTICE OF,,'PUBLIC HEARING:GI
APPLICATION BY BEACON CABLE
CORP. FOR A PERMIT TO USE THE
STREETS. HIGHWAYS AND PUBLIC
'PLACES OF THE TOWN OF
IWAPPINCE,R FOR INSTALLATION
;AND ,OPERATION OF A COMMUNITY I,
$ANTENNA TELEVISION SYSTEM.,
------
4•1 NOTICE IS HEREBY GIVEN that
'Beacon Cable Corp. has heretofore ,
made application to the Town Board
,of the Town of Wappinger seeking ta.•
lobtain a permit. to use the streets,
'highways and public places of the,
Town, exclusive of the. area of the
.Town situate within the corporate limits
of the Village of Wappingers Falls,'
,for the purpose of Installing, operating, s.
,and maintaining a community antenna,
television system to furnish television
, service to the residents of the Town.
;by means of a master antenna cable:
system.
NOTICE IS FURTHER GIVEN that.
the Town Board of the Town of Wap-
, pinger will conduct a public hearing'
upon the aforesaid application at the
Town Hall, Mill Street, Wapping8rs
Falls. Town of Wappingers Dutchebs
County, New York, on the, 22nd day?
of August, 1967, at 8:00 o'clock P.M,"
E, D. S. T„ on such day, ,at which i
time, allparties interested will be
ter...
Elaine H. Snowden; Town Clerk.
• Town of Wappinger, Dutch's
County,,New York.
7ated: August Si, 1967
'1
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutcheu,
Town of Wappinger.
.11e.ittri.cei Wee of the
Town of Wappinger. Dutcheu County. New Yak,
being duly Swan. says that he is, and ft the several
times hereinafter was. the...Ctt of
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
Dutchess County. New York. and that the annexed
NOTICE was duly published in the said newspaper for
• • One. • ...week succeulvely...once ...in each week.
commencing on the....... day of August
196,. and on the following dates thereafter. namely on
and ending on the....10113... day of... Aught.
19gq. both days inclusive.
it
Subscribed and swan to bef . _ me
this 1 0 day of..
thy-M.A. fi
•
...19�. I
.. .•
Notary Public
My commission expires:
•
a 1 ,7`f/v /e. -
NOTICE OF PUBLIC HEARING ON
APPLICATION BY BEACON CABLE
CORP. FOR A PERMIT TO USE THE
STREETS, HIGHWAYS AND PUBLIC
PLACES OF THE TOWN OF WAPPINGER
FOR INSTALLATION AND OPERATION'
OF A COMMUNITY ANTENNA TELEVISION
SYSTEM.
•
NOTICE IS HEREBY GIVEN that Beacon Cable Corp. has heretofore
made application to the Town Board of the Town of Wappinger seeking to
obtain a permit to use the streets, highways and public places of the Town,
exclusive of the area of the Town situate within the corporate limits of the
Village of Wappingers Falls, for the purpose of installing, operating and
maintaining a community antenna television §ystem to furnish television
service to the residents of the Town by means of a master antenna cable
system.
NOTICE IS FURTHER GIVEN that the Town Board of the Town of
Wappinger will conduct a public hearing upon the aforesaid application at the
Town Hall, Mill Street, Wappingers Falls, Town of Wappinger, Dutchess
County, New York, on the day of August, 1967, at g; 00 o'clock P. M. ,
E. D. S. T. on such day, at which time all parties interested will b8 heard.
Dated: August 3, 1967
Elaine H. Snowden, Town Clerk,
Town of Wappinger, Dutchess
County, New York.
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
.••
IN THE MATTER
OF
THE APPLICATION BY BEACON CABLE CORPORATION
FOR A PERMIT TO USE THE STREETS, HIGHWAYS
AND PUBLIC PLACES OF THE TOWN OF WAPPINGER
FOR INSTALLATION AND OPERATION OF A COMMUNITY
ANTENNA TELEVISION SYSTEM PU4SUANT TO THE
TERMS OF A PROPOSED AGREEMENT RELATING THERETO.
STATE OF NEW YORK )
) ,SS:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and says:.
That she is the duly elected, qualified and acting Town
'Clerk of the Town of Wappinger, County of Dutchess and State of
'New York.
That on August 10, 1967, your deponent posted a copy of the
attached notice of Public Hearing on the application by Beacon
Cable Corporation on the signboard maintained by your deponent
in her office in the Town Hall of the Town of Wappinger, Mill
Street, in the Village of Wappingers Falls, Town of Wappinger
Dutchess County, New York. That such signboard is maintained by
your deponent in compliance with the provisionsof Article 3,
Section 30, Subdivision 6 of the Town Law of the State of New
York.
Sworn to before me thisA0) Day
of &AA.? 1967.
o ary Pu.li6
71411UILLn
Elaine H. Snowden, Town Clerk
f