Tales Of Bad Dogs In Berlin & ZBA Approves Satterlee Hollow Cell Tower

by Kieron Kramer
In Berlin in the spring the dogs come out to play and bark and bite. Listening to Dog Control Officer Doug Goodermote at the Berlin Town Board meeting on Thursday, May 14, you might think they had gone utterly mad this year. Three court cases – one dog bite and two vicious dog complaints – are on the docket. Goodermote has received a large number of barking dog complaints and has several dog owners to talk to about their dogs acting viciously, one on Cherry Plain Square and two on Maple Avenue. There was also a beagle who wandered over to Brookside Park and got lost. He was returned to his owner, Brian Jones, who lives near the elementary school. “This is the worst month I’ve had in years,” Goodermote said.
The dog bite occurred on Old Post Road when a large white dog (aka Whitey) bit Billy Joe Brock on the right buttocks, shredding her pants. “He really tore her pants up,” said Goodermote. Brock is a woman in her thirties and will survive the insult to her system, but this dog has also bitten Goodermote, and that bite got severely infected, so he suggested that Brock get a tetanus shot and some antibiotics. He also suggested  that she bring her pants into court. “The more you dig into it, the more you realize that this dog has bitten more than two people; they were just not reported,” Goodermote said. The case is being heard on May 20. Presumably, Whitey will get his come-uppance.
Berlin has no leash law so the controlling law for bad dog behavior is the Town’s nuisance law. When barking and aggressive behavior by dogs is reported to Goodermote, he speaks to the owner to try to find a solution outside of court. However, two cases will be heard at the  May 27, session of the Town Justice Court. One concerns a dog that lives at the top of Bly Hollow Road and has been threatening an elderly man who walks with a cane. The man is so afraid of being bitten that he can’t even walk to his mailbox. The other concerns a dog that patrols Airport Road which, according to Goodermote, “acts vicious and bothers everybody.” Goodermote will serve the summons this week. He said that “he wasn’t sure of the outcome.” The dog has been in Court twice before so it’s a three-time loser.
Goodermote reported that the rabies clinic was very successful with 120 animals being vaccinated. Because the veterinarian ran out of vaccines, a second clinic was held two weeks later, May 7, at which 60 more animals were vaccinated. Sounds like a rabies clinic is a really good idea in these parts.
Town Supervisor Robert Jaeger read a letter from Ed and Sandi Slattery praising Doug Goodermote. Sandi Slattery is the previous Town Supervisor. They wanted to “publicly thank the wonderful Dog Control Officer Doug Goodermote” for his actions during a recent incident. “As always Doug went out of his way to help,” the Slatterys said. “He should also be commended for his commitment to the rabies clinics. As a public servant no one compares to Doug; we are lucky to have him.” Jaeger said, “We echo those sentiments.”
ZBA Approves Satterlee Hollow Cell Tower
Dave Theriault, appointed last month to be an alternate member of the Zoning Board of Appeals, reported that on April 16 the ZBA “unanimously approved the application for the personal wireless communication facility on Satterlee Hollow Road without conditions. They have tabled the application for the Cherry Plain facility,” he added.
The approval of the tower on Satterlee Hollow Road was a foregone conclusion especially after the public hearing on February 19 when a majority of the speakers from the Berlin community spoke in favor of the tower. However, the people at the hearing who are from Cherry Plain were almost unanimous in opposing the location of a tower there. They even hired a lawyer to represent their interests during this application process.
The stenographer’s minutes of the April meeting, transcribed and certified  by Sadie L. Herbert, Shorthand Reporter and Notary Public in and for the State of New York, and supplied to this paper by Julie Harrell, are instructive. Peter Henner, the attorney representing the Town’s interests, whose fee is paid for by Verizon, led the discussion about part two of the SEQRA review document and answered brief, but informed, comments and questions from the ZBA members, Donald French, Chairman, Maryellen Gilroy, Victor Lewin, J. Nicholas Adams and David Theriault. As required, Verizon filled out part one of the review. Henner made the following comment regarding the relationship between the Satterlee Hollow tower and the Cherry Plain tower, “The mere fact that two separate projects of the same type of project are submitted, and they may, in fact, have some relationship does not mean they’re part of the same plan.” The ZBA determined that there is no cumulative environmental impact or segmentation from the two towers because they are several miles apart. Segmentation is when applications are made for small parts of a large development in order to avoid an unfavorable environmental impact report. The Cherry Plain tower is not necessary for the Satterlee Tower and may not even be built, Chairman French said.
Perhaps the most instructive comment by Henner was when he talked about the relaxed standards to be used in this case. “The public utility exemption… is a general doctrine in the law…which basically says that a zoning board of appeals or planning board or municipal entity, when addressing the question of whether or not to approve a public utility…must exercise a relaxed standard of zoning, because cell towers…like electric towers, like water treatment plants are important to the community; they’re public utilities, and, therefore, zoning boards are supposed to use a relaxed standard.”
Regarding the application for the Cherry Plain tower, for which there has been only a balloon test with no public hearing held or formal application made, attorney J. Michael Naughton, Esq., of Young Sommer, LLC, representing Verizon said, “We have some technical issues still we want to work out.”
The ZBA approved unanimously the special use permit for Verizon for the Satterlee tower, but the ZBA is not obligated to approve any other towers because of this decision. However, the process that the ZBA used may be considered as setting precedent.
These minutes reveal many other details of the process as well as some curious items like that fact that the stenographer referred to the ZBA’s attorney as Brenner throughout the document when his name is Henner. The minutes can be accessed on the Eastwick Press website, www.eastwickpress.com.
Kudos To Rabatoy
In his remarks at Thursday’s Town Board meeting, Theriault said, “I’d like to thank Joe Rabatoy [former Town Supervisor] for developing this telecommunications law. It has proved to be a very worthwhile document, and Verizon Wireless has adhered to it. It will serve us well in the future.” Rabatoy developed this Town law in 2002.
The Board Workshop
Supervisor Jaeger reported on the Town Board’s workshop, held on April 23 at the Highway Garage because the electric service had not yet been restored at the Watipi Building. The Board dealt with three issues. First, they decided that the fixture verifications for Water District #2 will be done by postcard. “We are counting on the honesty of the population to update their fixtures accurately for [the] October [water rate increase],” Jaeger said.
Second, they discussed the replacement of the Southeast Hollow Road bridge with a very large culvert that has been in the works since the bridge was red-flagged by the NYS DOT last June. Highway Superintendent Jim Winn has been pricing culverts and received one bid for $18,000. Originally the Board had budgeted $50,000 for the culvert. Installing a culvert of two pieces would be most efficient; traffic would be cut off so the work needs to be done fast. Because of DEC regulations, the Town won’t be able to get into the brook to do the work until June 15. Jaeger has requested stimulus money for the project, which is shovel ready and will create jobs for local contractors. Jaeger was informed that his request had been received and was being forwarded to the proper department. Board Member Carl Greene suggested that a written plan of the  work be developed so that if the stimulus money comes through the Town can publish bid requests immediately. Board Member Sheila Hewitt agreed and suggested that the bidding process be entered into whether or not stimulus money is received.
Third, the Board discussed the sale of the Cherry Plain Polling Place which has no use to the Town since the County Board of Elections moved the voting to the Berlin Fire House. Jaeger wanted the people in Cherry Plain to know that the decision to close the Polling Place was not the Town’s. The Board voted to get an appraisal for the building before putting it on the market even though some people in attendance Thursday thought that the one room building should just be sold to the highest bidder. Board Member George Shuhart said that the building was assessed for $10,000 on the tax roll. The Town purchased the building from Mary and Bill Haywood in the 1960s, Doug Goodermote said. Town Attorney Tate emphatically stated that the Town had to obtain an appraisal in order to avoid liability if it is sold for far less than it is worth. The Board agreed to get a certified appraisal and also decided to approach Cindy Brewster of Hoosick Falls to do the job.
Jaeger said that he thought the workshops, done two weeks after the regular meeting, are so successful that they should be continued. Originally there was a three month trial period for the workshops. The Board agreed.
In other business:
• Code Enforcement Officer Allen Yerton said that the County Health Department has contacted him in regard to Town issues, probably because they have a new administrator, Dawn Brough.
• Planning Board Chair Pamula Gerstel announced that Walter Kersch from the  Rennselaer Plateau Alliance will make a  hour presentation at 5:30 pm before the regular Planning Board meeting on May 28 in the Town Hall.
• Annette Bell has volunteered to supervise the summer swim program for the Youth Commission.
• Carl Greene, representing the Little Hoosic River Watershed Association, said that US Fish and Wildlife has submitted permit applications for the Bentley and North Petersburgh projects and hopes to begin work this year. They will take up the issue of the debris dams later; they are mostly concerned with erosion now.
• Jaeger announced that Ivan Wager is holding Waste Management to their contract regarding the purchase of recycled paper and cardboard from the Transfer Station. There is not much demand for these materials at present.
• The Assessors will hold Grievance Day on Tuesday, May 26.
• Jaeger received an email from Charter Communications saying that the company is restructuring its debt, will not go belly up and will not turn off the cable TV signal. The local representative for technical assistance is Bill Rooney, and he can be reached at 518-567-9518.
• Janie and Terry O’Donnell were appointed to the Comprehensive Plan Committee.
• The Board approved holding the July Fourth Parade.
• The Board voted to have Richard Von Schilgen continue mowing the grass at the Town Hall.
• Greene thanked Highway Superintendent Jim Winn for all the hard work he put in on the FEMA paperwork to get reimbursement for the expense of the ice storm last December. Kent Goodermote thanked Winn for “a nice” grading job on Upper Stagecoach Road.
• Jaeger thanked the ZBA for all its hard work on the cell tower applications.
• Carl Greene suggested that the rental of equipment should be researched more thoroughly to avoid hidden costs. He was referring to the rental of the road sweeper which cost $1,900 to rent and then the Town had to pay $725 to replace the worn out broom on the sweeper. It was thought that the broom was listed as a “consumable” in the rental contract and as such was the responsibility of the user.
• Board Member Jim Saunders announced that due to health problems he might have to miss some Board meetings but that he would try to make as many as he could.
• Town Clerk Anne Maxon reported that she sold 3,000 tickets for the Transfer Station last month before the price went up May 1. That’s three times the normal sales. “It has slowed down now,” she said.