Yorktown considers overhaul of outdated cell tower regulations

Yorktown officials are considering replacing the town’s outdated wireless communications law with a new set of regulations aimed at improving cell coverage while addressing concerns about neighborhood impacts, environmental protections and tower placement.

Radio frequency expert Douglas Fishman appeared before the Town Board on Aug. 5 — about a month after the town unanimously approved a six-month moratorium on new wireless telecommunications facilities — to discuss how Yorktown could move forward with developing a new wireless law and explain the limits of local authority under Federal Communications Commission regulations.

Fishman was hired earlier this year during discussions surrounding a proposed Homeland Towers cell tower on Granite Springs Road. The town brought him in as an independent radio frequency expert to review the proposal. While some residents questioned his impartiality, citing his past work as an RF manager for AT&T, a majority of the board said at the time that his expertise would benefit the review process.

This was the first time the Town Board spoke with Fishman since the initial hearings.

Supervisor Ed Lachterman said Fishman suggested he would take the town’s input and review wireless laws from other other municipalities — including Lewisboro, Bedford and New Castle — to identify provisions that could work for Yorktown. Lachterman said the goal is to use existing frameworks while creating regulations tailored to the town’s needs.

“Some people just wanted to pull a law and utilize that but I think it’s a much better and balanced idea to use the framework of a few and pick and choose what we think are the best options,” he said. “Then we can customize them to the towns needs.”

The town’s current wireless law, adopted in 1998, was described by officials as outdated. Fishman said while the FCC regulates issues such as radio frequency emissions and safety limits, the town can establish requirements related to tower locations, setbacks, landscaping, visibility and other site-specific considerations.

Potential provisions for a new law include establishing a priority system for tower locations, encouraging co-location on existing structures and determining how wireless facilities should be reviewed on town-owned property. Officials have also discussed balancing improved cell service with concerns about towers near homes and environmentally sensitive areas, including wetlands.

As Fishman reviews wireless laws from other municipalities, he will work with Town Attorney Adam Rodriguez to help the board identify provisions that could be adapted for Yorktown.