Yorktown Town Board Meeting - January 20, 2026: Solar Law, Cell Tower, Tax Incentives, and Community Concerns
Yorktown Town Board Meeting - January 20, 2026
The Yorktown Town Board met on January 20, 2026, at 12:45 PM (UTC) to discuss a range of issues including a proposed solar law amendment, a cell tower project, tax incentive policies, and administrative matters. The meeting featured extensive public comment and board deliberation.
Consent Calendar
- Personnel: Point Ryan Heard appointed as Motor Equipment Operator in the refuse and recycling department. (Motion carried, all in favor)
- Routine Approvals: Multiple resolutions adopted as a block, including:
- Extension of contract with Marshall Alarm System for alarm monitoring services through February 28, 2027.
- Waiver of rental and overtime fees ($950) for the Yorktown Youth Soccer Club use of the Albert A. Cappellini Community and Cultural Center.
- Payment of unused time cash value to Richard Falcone upon resignation.
- Budget transfers for highway department salt, workers' compensation annual premium, and other items.
- Release of street opening permit for 1821 Mohegan Lake LLC.
- Change order #2 for highway department garage addition.
- Authorization for John C. Hart Memorial Library to advertise bid for roof replacement and rotted wood siding.
- Budget transfer for the library.
- Authorization for two police training trips (DARE training in Montour Falls, Feb 15-27; conference in Lake Placid, May 17-20).
- Renewal of CRP Sanitation, Inc. garbage license.
- Authorization to apply for a Hudson River Valley Greenway Trail Grant.
- Rejection and rebid of 2026 pool pumps and motor rebuild for Junior Lake.
- Renewal of agreement with CVR Associates for Section 8 housing quality standards inspections.
Public Comments & Testimony
- Karen Erickson: Requested the town implement a policy requiring all boards and advisory committees to post agendas and include them in town email notifications at least 24 hours before meetings, citing New York State open meeting law. Also noted that the final town board agenda was not posted until 4:45 PM on the day of the meeting.
- Larry Killian: Criticized the use of 485B tax incentives, arguing that developers (e.g., BJ's gas station, Optum) would proceed without incentives based on business models and past behavior. Cited a 2020 study from the Journal of Economic Perspectives finding no strong evidence that such incentives increase economic growth. Requested an evidence-based response from the board.
- David Monar: Opposed the cell tower plans at Granite Springs Road, stating it is harmful to wetlands, wildlife, and people. Suggested moving the tower closer to a road rather than in a forested wetland area.
- Wendy Frank: Opposed the cell tower, citing environmental and health concerns from electromagnetic fields (EMF). Quoted Rachel Carson's "Silent Spring" and argued the tower would harm bees, birds, bats, and the local wetland ecosystem connecting to drinking water. Questioned the site selection process and requested a comparison of alternative sites.
- Monica Cole: Questioned the hiring of Douglas Fishman as an independent RF consultant, asking if his services were competitively bid. Noted that Fishman has never produced a report opposing a cell tower and that the FCC's 1996 safety guidelines are outdated (citing a 2021 court case). Argued the board should hear multiple expert opinions.
- Elizabeth Watetch: Opposed the cell tower and the retention of Douglas Fishman, stating he is not independent and has consistently supported telecom companies. Requested an independent wetlands consultant to reconcile wetland delineation discrepancies and a wildlife study for endangered species (Monarch Butterfly, Bog Turtle, Indiana Bat, Northern Long-eared Bat).
- Luciana Howard: Supported the cell tower, citing poor cell service on Broad Street (six blocks of no service) which impacts her work with trauma clients. Argued that EMF exposure is ubiquitous and that the tower is the least disruptive option after extensive study. Defended the board's listening and noted other residents are afraid to speak in favor.
- Sarah Wilson: Spoke on food insecurity: noted that 415 students in Yorktown and 1,317 in Lakeland received free lunch in 2023-2024, plus 217 reduced-fee. Urged the board to continue listening to the Food Security Task Force and take additional action to help struggling residents.
- Anthony (last name not given): Discussed demographic trends: Yorktown's population has remained flat (~36,000) since 2000, but children under 10 declined 30% and adults 30-49 lost about 4,500 residents (one-third). Attributed losses to car-dependent development and lack of walkability. Urged the board to update the comprehensive plan and prioritize walkable, community-centered places with attainable housing.
- Jan Mirchandani: Encouraged community involvement (joining boards, clubs). Asked about criteria for fee waivers for nonprofits; noted soccer club fee waiver was approved.
- Doug Erickson: Clarified he is not NIMBY but opposes the cell tower because it violates the comprehensive plan (which recommends smaller forms of service) and wetland regulations. Disputed that the town has listened, noting his concerns have been addressed only partially. Raised concerns about Douglas Fishman's independence, as his career has been on the side of telecom companies.
- Public Hearing on Solar Law Amendment:
- Jan Mirchandani: Opposed the solar law amendment, arguing it is a blanket ban instead of smart planning. Noted that existing regulations (setbacks, screening, special permit process) are sufficient. Highlighted inconsistency in grandfathering two projects (Jacob Road and Dell Avenue) while banning others, and that the grandfathering does not exempt them from new stricter standards.
- Adrian Helper: Opposed the solar project on Hog Hill because the town is singling out their neighborhood; other residential areas are protected by the ban. Asked for equal treatment and zoning enforcement.
- Brian Rosenblatt: Opposed the legislation, stating it reduces protections for residents. The new setback-based screening may not guarantee visual protection, and the grandfathering gives developers a new benefit. The community solar condition does not guarantee discounts. Urged solar on rooftops, parking lots, and commercial zones.
- Laura Kaspar: Opposed the ban on residential solar, as 90% of Yorktown is zoned residential, effectively prohibiting large-scale solar. Supported allowing solar in appropriate locations with planning board review. Raised climate urgency and noted that the town's motto "Progress with Preservation" requires forward-looking action.
- Larry Killian: Supported the solar law but urged the board to use a floating zone approach to evaluate projects case-by-case rather than a blanket ban. Also requested a proper red-line version of the law.
- Randy Pratt (Wilkins Fruit Farm): Opposed the grandfathering of Jacob Road and Dell Avenue projects, stating that cutting down trees for solar is destructive. Noted that the planning board had made mistakes on previous solar approvals. The projects lack community connection; the Jacob Road applicant is from Colorado.
- Sarah Wilson (Climate Smart Community Task Force): Asked for additional time to submit detailed comments. Opposed the ban on large-scale solar in all residential zones; supported an exemption for local farms (agri-voltaic).
- Luciana Howard: Supported the grandfathering as fair since developers had invested time and money. Raised safety concerns about grounding wires, inverters, and decommissioning bonds. Asked about protections for neighborhoods and financial safeguards.
- Jerry Tortorella (counsel for Jacob Road property owner): Argued the grandfathering should fully exempt the project from new regulations, as the changes have serious financial impacts. Clarified that the trail (part of the subdivision) will be relocated, not eliminated. Stated that solar was part of the original plan for sustainability.
- David Cooper (counsel for Freestone, Dell Avenue applicant): Corrected that a new plan submitted last week shows the relocated trail. Clarified that visual analyses were corrected in November 2025.
- Michael Beaks: Supported solar, citing a study showing carbon sequestration ratio of 1 acre solar to 470 acres of forest. Urged action on climate change using current technology. Noted that invasive species removal may reduce carbon impact of tree clearing.
Discussion Items
- Food Insecurity: Supervisor Lagterman and others acknowledged the Food Security Task Force's work. Lagterman noted he contacted a friend about cereal donations.
- 485B Tax Incentives: Extensive debate. Supervisor Lagterman and Councilman Esposito defended the incentives, arguing they bring jobs and revenue (e.g., Trader Joe's, Lowe's). They noted that the incentives are capped (0.75% of total exemptions) and that the town can charge back consultant fees. Deputy Supervisor Esposito presented figures: For Trader Joe's, town portion saved $19,068 but received $70,844 in year 11; school portion saved $118,862 but received $449,000. Councilwoman Siegel questioned the need for incentives now that Yorktown is a magnet, and suggested targeting incentives to specific areas like Jefferson Valley.
- Cell Tower / Douglas Fishman: The board discussed hiring Fishman for up to $3,000 to review Homeland Tower's RF analysis. Town Attorney Adam Rodriguez stated Fishman is independent based on his CV and work for other municipalities; he has pushed back on tower heights. Councilwoman Siegel requested a written scope of work before approving. Supervisor Lagterman and Councilman Murphy supported moving forward, citing the need for expert answers and the ability to get additional opinions. Councilman Gilbert noted Fishman's reputation is worth more than $3,000. The board agreed to proceed with the condition that a written scope be provided.
- Solar Law Amendment: The board discussed the need to balance environmental concerns, property rights, and climate goals. Supervisor Lagterman expressed reservations about grandfathering, noting the industrial look of solar farms (e.g., Foothill) and the need to protect residential neighborhoods. He mentioned the possibility of exempting working farms. Councilwoman Siegel advocated for a floating zone approach to evaluate projects case-by-case. The board agreed to keep the public record open for two more weeks of written comments (closing on February 3, 2026) and to consider input from the Planning Board and Climate Smart Community Task Force.
Key Outcomes
- Public Hearing on Solar Law Amendment: Closed with written comment period extended to February 3, 2026.
- Resolution to Hire Douglas Fishman: Approved (all in favor) with the condition that a written scope of work be provided to the board before execution.
- All Consent Calendar Resolutions: Approved unanimously.
- Ongoing: The board will continue to discuss the solar law, cell tower, and 485B reform at future meetings.
Meeting Transcript
Good evening and thank you for coming to our town board meeting of January 20th, 2026. If we could all rise for the Pledge of Allegiance. Since we have a Purple Heart veteran, Neil, would you lead? I pledge allegiance to the flag of the United States of America and the Republic for which it stands. One nation, under God, indivisible with liberty and justice for all. If we could remain standing for a moment of silence, as we remember those who fight for our country, those who defend uh the uh life that we've become accustomed to. Thank you. We'll go with uh introduction, starting on my right. Good evening, Diana Quas, Town Clerk, and on video conferencing will be Councilman Patrick Murphy. Uh Town Supervisor Ad Lagterman. Deputy Supervisor Sergio Esposito. Councilwoman Susan Siegel. Councilman Gilbert. Town Attorney Adam Rodriguez. Great. Can you hear me? Yes. We can hear you, Patrick. I can't hear you, but that's fine. Okay. How about now? Maybe I can now. There you go. Pat just when I thought you couldn't get any bigger. Today for reports for the town, just a couple of quick things. Yesterday was a great uh great day to reflect on uh the life of uh Dr. King. And uh I know there was uh something over at Grace Lutheran. I unfortunately was not able to attend, but uh I hope that uh that it was a a really uh meaningful event and program. Uh we do have coming up as well, uh National Holocaust Day commemorating the uh uh the liberation of Auschwitz uh on the 27th of January. Uh I was hoping to have a speaker come in who was one of the thir th the first 30 uh army troops into Auschwitz uh when they were liberated. And unfortunately he just Ralph just doesn't feel that he could talk about the story because as he said, it just brings up the pain and it does not end when I walk away from uh from one of these speeches, but also something to reflect on and uh and and really um celebrate what our country did to go in there to end these atrocities and and uh especially those of the greatest generation who are there not a lot left at this point in time. Uh and then uh I just wanted to renew our call just so people know there are volunteer board positions open. So those of you interested in serving the town. I know some I see quite a few people in the room that already do and have done in the past, but those positions are open, so please uh email to your resume and board that you'd be looking to join to C Smith at Yorktown NY.gov. And Cindy will take those and uh and put them out to the board. All right, so Jim. So I uh right before this meeting, I was at uh Panas High School, and uh the Lakeland Panis Rebels wrestling team um took on Harrison today. And uh what was notable about today was uh a young young man Dan Horowitz got his hundredth pin, hundredth win. So it was uh quite a moment. Mom was crying. It was uh it was great to see, and and uh they are uh rolling forward. Our Yorktown High School basketball varsity basketball team is nine and oh. So uh they're doing quite well. And um I believe um the Yorktown Dance Company is doing their recital. I I think it's January 31st, but I'm not sure. It's really a wonderful uh show they put on. It's right at the high school. Uh buy tickets and support them. That they're just a great bunch of uh of uh of young young people in our in our town that are doing amazing things.
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