Article 78

Posted: December 3, 2014 

Homeland Tower, LLC, has filed an Article 78 petition with the New York State Supreme Court asking for an annulment of the decision of the Town of Washington Planning Board that turned down the company’s application to erect a cell tower on Fraleigh Hill Road. 

The application had met with concerted opposition from the community in the vicinity of the proposed tower. Experts and lawyers for both sides had appeared before the board in a drawn-out series of hearings.  There was doubt that a cell tower was needed.  There was substantial concern about the visual impact of a tower in a historically agricultural area.

The petition alleges that the town violated the Telecommunications Act of 1996, that its decision was not based on substantial evidence, that it denied AT&T the right to service what it calls a coverage gap, and that it abused its discretion in denying the applicant the right to build a cell tower. The respondents are the town board and the town planning board.  The town board will be meeting in executive session to discuss its position on the petition. 

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