Huntington board to take legal action against T-Mobile

The Huntington Town Board has voted unanimously to take legal action against T-Mobile for illegally constructing and operating a cell tower on the grounds of the South Huntington Water District.

According to town officials, T-Mobile received permission from the water district alone to erect the 150-foot tower on property on 17th Street. But town code requires a permit from the town Zoning Board of Appeals to erect a cell tower and then a building permit from the town to actually construct it, town official said.

The building department issued a stop work order last winter, something T-Mobile officials ignored, town officials said. In April, T-Mobile officials went to the town building department to request a building permit but were denied because they did not have approval from the zoning board, town officials said.

On Aug. 12, town officials said, T-Mobile appeared before the zoning board and was denied a permit for three reasons: the town board would have had to approve a land lease contract but was not asked for such approval; T-Mobile did not show there was adequate space around the tower to ensure no one would be injured if the tower fell; and, T-Mobile failed to show a need for the tower or that there was no other place to put it.

Complicating matters is that the land is surrounded by protected wetlands, which would also require a permit from the state Department of Environmental Conservation, which T-Mobile also did not get, town officials said.

"We want to make sure that this tower is taken down," said Huntington Town spokesman A.J. Carter. "Also, whatever cost the town might incur in this process the town wants to be reimbursed for; the resolution now empowers the town attorney to take whatever action deemed necessary."

Calls to the attorney representing T-Mobile, Robert Gaudioso of Snyder and Snyder in upstate Tarrytown, were not returned.

Last week, the town issued four summons to T-Mobile for ignoring the zoning board's permit denial, illegal use of the land, maintaining a cell tower without a certificate of completion and not having a building permit. The company is due back in district court on Oct. 6.

The water district was issued a notice of violation. Attorney Michael McCarthy of Huntington, who represents the water district, did not return calls.

The town board's action took place Tuesday during a rare afternoon board meeting.

In other proceedings, the board approved the appropriation of $535,000 to purchase a former automotive shop at 1000 New York Ave. The cost is the appraised value of the property. The town will use $1.17 million from a state grant to redevelop the property. A developer will be responsible for the rest of the project's $3.5-million cost.