Lakewood Mayor Randy Holcomb, center, addresses village board members at a meeting on Monday night. P-J photo by Jay Young

LAKEWOOD–More information is going to be needed before the Village of Lakewood decides whether or not to approve a special use permit for Up State Tower Company LLC to construct a cell tower on the Lakewood Fireman’s Grounds.

Mayor Randy Holcomb was optimistic last week when Federal District Judge William K. Sessions III granted Up State’s motion, requiring the village to issue a variance and/or special use permit necessary to allow the installation of the 180-foot cell tower within 45 days.

At a village board meeting on Monday, members originally voted 3-2 to accept the opinion of Sessions and move forward. After that decision was reached, with board members Doug Schutte and Ted McCague voting no, the board moved on to the business of granting a special use permit.

After more debate, including arguments made by a number of village residents, the board filed a motion to rescind their original acceptance of the court decision, then passing a new resolution to file a letter of appeal on the case.

The intent of the letter of appeal is to give village officials and residents more time to consider the specifics of the tower, and negotiate with Up State Tower before ruling on a special use permit.

The measure to draft an appeal letter passed unanimously.

“I believe we have a duty to do that because we’ve got an awful lot of residents who are making very, very good points,” McCague said.

“We’ve just got to investigate this further, I think we have to do it on their behalf.”

Village Attorney John LaMancuso aided the board in reaching this decision, as he helped to explain the history and specifics of the cell tower litigation.

“I’m pretty sure the fire company voluntarily entered into a lease agreement with the tower company before the application was even submitted to the village for a special use permit to build the tower,” said LaMancuso. “If you file an appeal perhaps you could engage in some sort of settlement negotiations with the plaintiff, the tower company, but without an appeal I don’t think you are in any position to negotiate over the details of the tower.”

The decision to appeal came after questions arose from a variety of parties about the specifics of the tower, including its size, effects on property values, health effects, potential revenue generated and overall impact on the village.

Residents raised concerns about whether or not constructing the tower was in the best interest of the village, and the over $90,000 in legal fees that have so far been used in the legal process.

“I didn’t want to see one go up either but fighting it doesn’t seem to be in the best interest of the village and the residents,” said board member Ellen Barns. “How long will this go on?”

Jack Knowlton, Lakewood Volunteer Fire Department president, spoke after the decision to issue an appeal. Knowlton outlined the financial needs of the department with respect to the tower, and his contention that the proposed construction site offers many benefits over other areas.

In other business, Lakewood-Busti Police Chief John Bentley brought up the issue of unregistered and inspected vehicles parked near the Anthony C. Caprino Building.

Leaving such vehicles parked is against village code.

“If their vehicle that’s parked in public parking behind the village hall, if their vehicle is not registered and inspected, it will be towed away,” Bentley said.

Bentley said that his department will look to tow vehicles after four business days.

McCague issued an update on the Grandview Estates Stormwater Management Project.

Funds are available for the project through the Chautauqua Lake and Watershed Management Alliance. The village will now coordinate with the alliance to move forward on the initial phase, which includes land appraisals and legal deed work.

In addition to the lengthy discussion on the proposed cell tower, the topic of new 5G small cell stations was discussed.

Building Inspector Jeffrey A. Swanson addressed the issue, and also brought up the ongoing need for a village fire inspector.

The board approved other measures including the hiring of a new part-time deputy clerk/treasurer, the hiring of a new part-time police officer, and the use of village streets for a 5K Library Ambassadors Youth Group run/walk on June 6.