Hamlin creates new tower law
Local politicians, No Tower Committee members join forces

A year ago, this wouldn’t have been Austin Warner’s favorite topic. Now, however, Hamlin’s supervisor can’t suppress a faint grin when he talks about the recent passing of a new law that will regulate any telecommunication facilities that enter the town. The 26-page document is described by its authors as "extremely thorough" in nature and will make it difficult for any towers over 199 feet to be built.

"I think it might be the best crafted ordinance of its type in Monroe County," said Warner.

Last year officials of Canandaigua Broadcasting, Inc., the operator of WMJQ-FM, notified the town that a new transmitting facility on a 340-foot tower was necessary for the station to serve the area for which it has a federal license. The company had secured an option to lease land at directly southwest of 65 Wiler Road.

The company wanted to explore the possibility of the town rezoning the property that the company had secured.

The idea was met with some fiery opposition. Public meetings became heated and a No Tower Committee was formed. Quickly, petitions were circulated and almost 200 "No Tower" signs were displayed in front yards.

One member of the about 25-member group was Jim Martin. Martin and his wife have been Hamlin residents for more than 30 years and Martin’s family has roots in the town tracing back to the late 1800s.

While Martin said the proposed location of the tower was not near enough to his home to affect him directly, the mere idea caused him to take action.

"It hit a nerve," said Martin. "I can remember when Hamlin had a real rural identity. For me this was the last straw." Martin joined with several other concerned citizens who formed a uniformed and loud voice.

After many heated encounters, the group was able to convince the town to enact a moratorium to allow more time for discussion on the topic. At that time, Warner approached Martin and urged the No Tower Committee to work with town officials. Martin agreed and a group of citizens and town leaders was formed to put together a new law regarding telecommunication facilities.

The group worked tirelessly for six months, meeting each week and taking homework from each meeting. The committee gathered related zoning codes from 11 different towns and villages and created a large spreadsheet to compare the codes.

The law has four objectives specifically stated in the document:

1. Implementing an application process for persons seeking a Special Permit for Wireless Telecommunications Facilities.
2. Establishing a policy for examining an application for and issuing a Special Permit for Wireless Telecommunication Facilities that is both fair and consistent.
3. Promoting and encouraging, wherever possible the sharing and/or co-location of Wireless Telecommunications Facilities among service providers.
4. Promoting and encouraging, wherever possible, the placement, height and quantity of Wireless Telecommunications Facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunication Facilities; which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

Martin said the committee is especially proud of some of the innovations that exist within the new law. The code provides an informative approach which even forces applicants to consider the migratory pattern of birds. It has a section on how the town should negotiate with applicants, it has specific signage requirements of applicants, it addresses the emergence of future technology and it requires that any relief that is to be granted to applicants go through the Town Board.

The group also formed a partnership with the Center For Municipal Solutions. This organization will work as a consultant throughout the application process.

"I wouldn’t call this law too restrictive. I would say that we have been thorough," said Martin. "It will, however, be difficult for any towers over 199 feet to be built."

The committee’s work was filed into law December 30. Warner said this committee was one of the most satisfying ventures he has had during his tenure as supervisor.

"It is most exciting to me that we were able to get people who were against it (the proposed radio tower) to work with us," said Warner. Warner added that he hopes some of the committee members will again volunteer their time as the town begins to tackle some large projects.

Warner said the town will now focus on reviewing all zoning codes, revising the town’s overall master plan and creating an open space document.