Subject: [NEXTEL-1] Nextel application gains special permit

From: [email-masked]
Date: Sun, 17 Aug 2003 03:31:27 -0400

Nextel application gains special permit

By: Christopher Mahar
08/14/2003

Despite suspicions that the cell tower belonging to Carl Grabala is in violation
of Town of NorthEast ordinances, the Zoning Board of Appeals last week granted a
provisional special permit to allow Nextel to co-locate cell phone antennae and
other equipment onto the structure.

Peter Judge, a neighbor of the tower on Perrotti Road, has presented evidence to
the Zoning Board of Appeals, the Planning Board and the zoning enforcement officer
that shows what appears to be a number of changes to the cell tower, including a
number of additions in antennae that have been made over the years with no
permission granted from the town.

"I think it's important for the town of NorthEast to enforce its civil law," said
Judge.  If it is proven that equipment on the tower has been added or even changed
without permits issued from the town Grabala could face fines and even jail time
for each violation. Judge told the Zoning Board that, "Grabala is propagating a
nuisance," and declared that he should be held to an earlier promise he had made
over a year ago that the tower was at capacity and could not be added to.  Nextel
attorney Doug Warden denied that there had been any additions to the tower and
also pointed out that the argument was not germane to the application at hand.
Calling the argument "illegal, objectionable and irrelevant," Warden said that
Nextel is bound by the town's own laws to co-locate onto existing towers rather
than build its own, and Nextel has a right to compete in the area with other
cellular carriers who also have equipment located on the tower.  The board agreed
with Warden, saying that the arguments presented by Judge were not proper ones for
the Zoning Board to entertain or act on. The board voted to grant the special
permit provided that the plan meets with Dutchess County Planning approval and
passes the SEQR process and Nextel submits to a few more minor requests, such as
cleaning up the landscaping around the base of the tower.

The Nextel application then moved before the Planning Board yesterday, after press
time. From comments made at last week's Planning Board workshop meeting the
Planning Board seems to be in favor of moving forward with the application while
encouraging enforcement of the proper zoning laws.

http://www.zwire.com/site/news.cfm?newsid=10002156&BRD=1703&PAG=461&dept_id=71557&rfi=6

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