Subject: [NEXTEL-1] Knolltop continues fighting cell tower...

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Date: Fri, 29 Nov 2002 18:38:10 -0500

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Knolltop continues fighting cell tower

JENNIFER MAPES, Community News

November 29, 2002

BALLSTON SPA -- Neighbors in the Knolltop subdivision have sued the Clifton Park Planning Board and Nextel for erecting a cell phone antenna on an existing town water tower.

The suit is the third action taken by the neighbors against several town agencies and Nextel.

Knolltop Neighborhood Association, along with seven individual petitioners, are suing the Planning Board, building inspector and Nextel Partners of Upstate New York Inc. Papers in this suit were filed Nov. 1.

In 2001, the Clifton Park Water Authority approved a 12-panel antenna to be attached to a 153-foot water tower in the Knolltop neighborhood off Kinns Road.

The suit alleges that the town did not take appropriate action to evaluate Nextel's plan to erect the antenna.

''I think it's totally ridiculous,'' said Town Attorney Paul Peligalli. Peligalli said the town fully reviewed the antenna plan.

The suit alleges that the town failed to apply for appropriate variances needed for the antenna to be added to the water tower.

Peligalli said the variances only apply to new cell towers, not co-located antennas.

Nextel applied to the Planning Board for a site plan to place the antenna on the tower and was approved in September 2001.

The suit states that the town did not follow the State Environmental Quality Review Act and ignored concerns of neighbors.

Peligalli said the Planning Board examined the Nextel application just like any other.

''The record is replete with things the Planning Board looked at,'' he said.

Neighbors in the lawsuit stated that they were negatively affected by their ''clear view'' of the antenna. According to Planning Board minutes, neighbors at a public hearing in June 2001 said the cell phone antenna would have a ''stigmatizing effect'' and cause a decrease in property values.

They also noted that the area was zoned residential and that the antenna would be a commercial use.

Peligalli said Nextel showed evidence that property values would not decrease. He said the antenna would be a small change in the appearance of the tower, which was built at the same time as the subdivision.

Attorney Richard C. Miller, who represents the neighbors, did not return a call for comment.

A previous suit was dismissed by U.S. District Judge Thomas McAvoy on Sept. 30, who ruled it should not be in federal court.

The case is set to appear in Saratoga County Court on Dec. 3

©Community News 2002

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