Nissequogue Village defends cell tower denial

The Village of Nissequogue defended its rejection of a St. James cell tower, arguing in a new legal filing the applicant could have revised its proposal to comply with local regulations. 

Village officials denied a majority of allegations in response to a federal lawsuit challenging the rejection.

LI Smart Solutions had sought to build a 140-foot, sky-blue tower on the campus of the 40-acre Knox School, which overlooks Stony Brook Harbor. The proposal drew mixed reactions: Backers hoped to boost already spotty cell service on the North Shore of Smithtown, while opponents said the structure would block idyllic waterfront views.

The Joint Coastal Management Commission, a board comprising officials from Nissequogue and Head of the Harbor, had objected to the plan earlier this year. The panel sets criteria for coastline development in both villages. 

Nissequogue's planning board cited the commission's findings in ultimately denying a request for a special use permit. Officials said the cell tower did not meet criteria for waterfront development. The planning board issued its denial on April 6.

The filing said LI Smart Solutions "failed to exhaust its administrative remedies by failing to meet with the Commission to discuss possible modifications to the proposed facility."

LI Smart Solutions filed a lawsuit in May. The lawsuit argued there was “overwhelming evidence” of a “significant coverage gap" in the community. The suit said there was “no feasible alternative” for placing the tower and that the plan complied with federal and local laws.

William Wexler, an attorney for LI Smart Solutions, could not be reached for comment.

Nissequogue Mayor Richard Smith said in a recent interview the village “will defend the action thoroughly.”

“We’ll have to let the courts decide all of that," Smith said. "Our response speaks for itself."