Carlton asked to halt tower project for further review
Nesbitt Farms offers alternative land away from water plant, residents’ access road

Photo by Tom Rivers: Rick Stacey speaks to the Carlton Town Board on Tuesday evening, with members including Ryan Woolston, Town Supervisor Gayle Ashbery, Brian McCue and Charlie Ricci.
CARLTON – The Carlton Town Board was asked on Tuesday to have construction halted on a 160-foot-high tower by the Village of Albion water treatment plant. The 150-foot-high tower would have a 10-foot-high lightning rod on top.
A group of residents led by Rick Stacey say there are several procedural errors in the project that warrant holding off construction. Stacey said there are better sites that would be safer for nearby residents and wouldn’t be a visual blight along the Lake Ontario shoreline.
Carlton Town Board members declined to comment on the matter during Tuesday’s Town Board meeting, after Stacey and another neighbor, Dave Coleman, asked questions about the project.
Town Supervisor Gayle Ashbery said any comments will be made by the town’s legal representation. Carlton on Tuesday voted to hire Bridget O’Toole, a partner with town attorney Doug Heath. O’Toole was appointed special counsel for town regarding the tower on Wilson Road.
Stacey said he didn’t want to see a legal battle over the issue. He asked the board to halt construction and discuss a better site with the nearby residents. Steve Nesbitt, a local fruit farmer, has offered to allow the tower on his property where he said it would safely be away from any public access roads.
The Carlton Planning Board last week approved an amended site plan for the project where the access road will be the driveway to the village’s water treatment plant.
Stacey, during Tuesday’s Town Board meeting, reiterated his claims that the nearby residents never received proper notification about the project.
The fall zone for the tower cuts across a private access road for Oak Orchard on the Lake. Contractors are already on site working on the project, and have used private land without permission to access the site, Stacey said.
“Over the last seven days, our local governments have permitted a private contractor to aggressively carve out an unpermitted access road directly to Wilson Road and fast-track the delivery of structural tower components to the site,” Stacey wrote in a letter presented to the Carlton Town Board. “This reckless acceleration is a transparent, bad-faith attempt to manufacture a fait accompli (a done deal) to outrun judicial intervention.”
He presented the letter on behalf of The Neighbors of Oak Orchard on the Lake & Nesbitt Fruit Farms – Steve Nesbitt Sr., Rick Stacey, David Coleman, Gary and Ruth Smith, and Brett and Arona Browning.
“We place the Town, Village, and County on formal record that you are moving forward with an unengineered, non-compliant, and hazardous structure,” their letter stated. “The project contains fatal legal, physical, and safety defects that expose all three municipalities, as well as individual board members, to severe civil liability, state regulatory clawbacks, and insurance coverage forfeiture.”
The tower is part of a $11,216,500 contract from North Shore Networks LLC in Medina to implement the faster internet service. The county in November 2024 was awarded a $11,562,698 state grant to upgrade wireless internet service throughout the county.
The funding came through the Empire State Development’s ConnectALL Municipal Infrastructure Program. This will allow the county to increase wireless internet speeds from the current 25 Mega Bit Per Seconds (Mbps) to 100 (Mbps).
The Carlton tower by the water plant included approvals from the Village of Albion, Town of Carlton and Orleans County.
The neighbors, in their letter, said the project was presented by Core Environmental, engineer on the project, to have “minimal visual impact” on the neighboring properties.
But that assertion “is a fraudulent distortion of the physical reality,” Stacey and the neighbors write. The tower’s 82-inch diameter pole will be anchored in a 20-foot diameter concrete ballasted base sitting entirely above ground.
“This massive, raw industrial mass will sit directly on our lakefront terrain, completely wiping out the pristine aesthetic values of our waterfront, shattering the historic context of the Nesbitt multi-generational homestead, and inflicting an immediate, unstudied economic blight on neighboring home values,” the letter states. “The claim of ‘minimal impact’ is an absolute fabrication.”
The neighbors cite other concerns, including the fall zone over residential lanes and critical utility paths. The tower would be sited 28 feet from the primary high-voltage overhead power lines feeding the water plant.
“Ripping down this primary electrical feed will immediately shut down the Village of Albion Water Treatment Plant,” the neighbors’ letter states. “This introduces a severe, widespread public safety crisis by creating a total loss of water pressure and municipal water supply, completely crippling fire protection services across the entire district during an emergency.”
Stacey and the neighbors also say there is a lack of structural analysis, blueprints and professional engineering seals for the tower. There should be an analysis whether the tower can withstand intense coastal winds and dead-weight loading, the neighbors write.
Other concerns listed by neighbors in their letter include:
• “Complete absence of professional project oversight and mandatory agency reviews.” No NYS Department of Environmental Conservation jurisdictional reviews. Despite sitting on the immediate waterfront of Lake Ontario, the project has completely bypassed mandatory reviews by the DEC for shoreline protection and environmental runoff mitigation.
• “Extreme ice-fall and ice-shedding projectile hazard to human life.” Because this structure sits directly on the open shoreline of Lake Ontario, it is subject to constant winter cycles of heavy freezing spray, severe atmospheric icing, and relentless lake-effect wind vectors.
“Laser metrics confirm the tower base is placed a mere 146 feet from the southern edge of our private residential walking road (the path our families must walk daily to get our mail) and only 160 feet from our eastern property line,” the letter states. “This structure creates an active 94-foot safety shortfall to our road and an 80-foot shortfall to our yards. The Town, Village, and County are actively permitting a predictable, lethal projectile trajectory over our heads and private land.”
• “Saturated foundation integrity, ballasted foundation hazard and active water table intrusion.” The physical footprint prepared for this multi-ton steel structure requires dropping a ballasted foundation straight into the Lake Ontario beachfront water table.
“Submerging a heavy, multi-ton 20-foot diameter ballasted foundation directly into a flooded hole in shifting, saturated coastal soil that breaches the active water table—without a certified Stormwater Pollution Prevention Plan (SWPPP) or NYS DEC Coastal Consistency Review—invites catastrophic foundation shifting, buoyancy destabilization, and structural failure,” the letter states.
• “Direct defeat of public safety fall zones and emergency vehicle blockade.”
Town of Carlton Zoning Code strictly dictates that a telecommunications facility’s structural “fall zone” must have a radius of at least 1½ times the height of the tower and cannot include public or private roads. The tower is located only 146 feet from a private access road. If this tower suffers a structural failure or collapse, its 160-foot radius will completely sever and block the sole ingress/egress path for police, fire, and emergency rescue vehicles to reach our five residential households, the neighbors write.
• “Critical public safety aviation hazard and agricultural flight path interference.” The 160-foot vertical structure is completely unlit, unmarked, and utilizes a dull, gray galvanized finish, rendering it virtually invisible against the grey winter skies and water of the Lake Ontario lakefront, the neighbors state in their letter.
Orleans County and Core Engineering bypassed filing a mandatory FAA Form 7460-1 Aeronautical Study, the neighbors say. “There is no FAA Determination of No Hazard to Air Navigation or official Antenna Structure Registration (ASR) on file for this footprint,” their letter states.
Nesbitt Fruit Farms has operated its high-density apple orchards on this lakefront since 1968. Crop-duster pilots navigate this specific airspace at low-altitude elevations of 15 to 30 feet, using the open waterfront to execute critical banking and turnaround maneuvers.
“Placing an unvetted, unlit 160-foot steel needle directly in an active agricultural spray line creates an immediate aviation collision hazard and an uncompensated economic blockade that forces a respected local business to lose essential crop protection,” the letter states.
• “Invalid permits issued by an uncertified code enforcement officer.” The individual acting as the Town of Carlton code enforcement officer, Kevin Sheehan, is not certified for code enforcement by New York State.
“Under New York State Executive Law, an uncertified individual does not possess the legal authority to review structural prints, sign off on site plans, or issue valid building permits,” the letter states. “Every single administrative permission or permit signed by Mr. Sheehan regarding this 160-foot structure is legally void ab initio (invalid from inception).”
• “Fatal multi-agency conflict of interest.” Kevin Sheehan also serves as an Albion village trustee. The village is the property owner of the tower.
“Under New York State General Municipal Law Article 18, this represents a non-waivable, fatal conflict of interest,” Stacey and the neighbors write. “An enforcement officer cannot legally or impartially review code applications or grant zoning exemptions for a project governed by his own elected political board.”
• “Fraudulent blueprints & state grant fraud exposure.” The construction drawings submitted by project planners completely ignored the physical, verified survey concrete corner markers on the property, creating a massive 34-foot dimensional error, the letter states.
“Boundary lines were manipulated on the drawings to falsely manufacture zoning compliance,” the letter states. “Because these flawed layouts were submitted to New York State to secure public grant funding for this broadband project, the entire state grant allocation is now structurally linked to a fraudulent application. Plowing ahead exposes the Town, Village, and County to severe state regulatory audits and mandatory grant clawbacks.”
• “Unlawful fraudulent meeting process & open meetings law violations” The Town of Carlton rescheduled a Planning Board meeting last week from Aug. 5 to Aug. 3 to approve the amended site plan for the tower.
“This is a bad-faith violation of the New York State Open Meetings Law (Public Officers Law § 104), executed specifically to pass an un-referred scope amendment before the public could organize,” the neighbor write.
Stacey was given 5 minutes to speak at the meeting and share concerns, but the neighborhood wasn;t allowed to speak as a group. When Stacey tried to speak beyond the 5 minutes, he was told by attorney O’Toole he would be removed by law enforcement.
“Town Attorney Ms. O’Toole stepped in, acted as judge and jury, instructed the board exactly how to read and accept the amendments like puppets, and threatened to have Rick physically removed by law enforcement if he did not stop speaking,” the neighbors’ letter states.
The neighbors urged Carlton officials to consider Nesbitt’s land as an alternative inland site for the tower.
“This inland location handles the county’s connectivity needs perfectly, but places the structure safely away from the Lake Ontario water table, away from residential property lines, and completely clear of our shared emergency evacuation road and utility corridors,” the letter states. “Let’s do the right thing here.”
To move forward at the water treatment site and not issue a stop work order, represents “willful and reckless negligence, which strips the municipalities of standard governmental immunity, voids your insurance coverage limits, and exposes these boards and their individual members to direct, un-insured civil damages,” the neighbors state.

























