Correction - Judge Rules Citizens Petition Is Void

HARPERSFIELD –  In an article about the Harpersfield Town Board published on April 18 in the Mountain Eagle, a story by Liz Page referred to a petition to deny the location of a Verizon communications tower on property owned by the town. 

The "concerned citizens" petitioned to deny the right of way for NYSEG to supply electricity to the cell town, not the cell tower itself. They were given until April 22 to provide information regarding the primary residences of those who signed the petition to the town's attorney, Robert McKertich.

They had petitioned for a permissive referendum regarding the town board's approval of a resolution that granted permission for an easement to NYSEG to supply power to the cell tower. "The specific easement area is not needed for municipal purposes, and that the availability of electric service to the facility constitutes fair and adequate consideration."

The petition was filed after the town planning board had  approved the application and a waiver to locate the cell tower on the town's property.

The petition, had 42 signatures, but not all were registered voters and the petition, which needed 32 signatures only had 30 valid signatures. It also lacked the required witness signatures, according to the town's attorney who asked the court to rule the petition insufficient. The number of signatures is based  five percent of the number of voters in the town of Harpersfield for the last gubernatorial election

On April 22, Delaware County Supreme Court Judge John F. Lambert, ordered the petition and permissive referendum declared void.