Wading River residents sue to stop Riverhead Town's plan for cell tower

Seventeen Wading River residents have filed a federal lawsuit to halt construction of a 213-foot cell tower planned near their homes.

The complaint, filed Dec. 31 in the Eastern District of New York, challenges Riverhead Town’s approval of the tower, claiming town officials "engaged in a coordinated scheme" with developer Elite Towers to bypass zoning rules and silenced public input in violation of the First Amendment.

Riverhead Town Board members voted 5-0 last month to approve the tower, to be located at the Wading River Fire Department headquarters on North Country Road, over objections of residents concerned about potential safety risks, reduced property values and visual impacts the tower could pose. Fire district officials previously estimated the tower would be completed in April.

Fire district officials have said the hilly, wooded terrain in the hamlet interrupts cell signals in the area, putting first responders at a “disadvantage” during emergencies.

OKd after town review

The approval came after the town conducted a review known as the Monroe Balancing Test, a process that considers potential public benefits in determining whether projects on government properties should be exempt from zoning laws.

In the complaint, the plaintiffs’ attorney, Andrew Campanelli, of Merrick, alleges the town did not have the legal authority to waive the rules or approve the tower. Residents seek a court order voiding approval of and blocking construction of the tower, a jury trial and unspecified monetary damages.

Campanelli called the town’s actions an “abuse of power” in an interview last week and said the proposal doesn’t meet the standards for the Monroe test. “It’s just the way that they tried to usurp authority that [the town board] doesn’t possess,” he said.

The tower wouldn’t have otherwise been allowed under town zoning rules since the firehouse is in a residential area.

Campanelli argues in the suit that circumventing the town Zoning Board of Appeals process deprived residents of the chance to speak out at a formal hearing.

Riverhead Town Attorney Erik Howard said he understands the residents' frustration but called the lawsuit “frivolous” in an email and said the Monroe process included a public hearing.

“To suggest that the Town Board deprived anyone of the right to be heard in connection with WRFD's application is simply false,” Howard said.

The town is expected to hire outside counsel to represent it in the case.

The complaint also cites concerns about impacts on property values, visual aesthetics and risks of structural failure, and ice and debris falling from the tower onto the plaintiffs’ properties, which range from 50 to 490 feet away.

One plaintiff, Joanne Romano, lives next door to the firehouse and said the town board's decision was "upsetting," leaving her neighbors no choice but to sue.

"I felt like my voice was not heard and I was dismissed," Romano said.

The complaint says Romano's home is "well inside the danger zone" of the proposed tower.

"People have to climb up there, and they bring tools," she said. "People drop things. ... It's not safe by any means." 

Attorney: Second suit likely

Residents cited a lack of tangible data demonstrating the need for a tower and allege the developer agreed to provide the fire district with “money, perks and gifts” in exchange for the approval.

Greg Alvarez, a Garden City attorney representing Elite Towers, did not respond to requests for comment.

Riverhead Supervisor Tim Hubbard said last month he wouldn't be in favor of a tower next to his home, but he urged residents to consider the benefits for public safety.

"That far outweighs any concern I have," Hubbard said at the time.

Campanelli said last week that a second lawsuit will likely be filed against the fire district for at least $2 million over a “severe breach” of fiduciary duty. “Their sole duty is to protect homes, and instead of protecting their homes, they took affirmative steps [to] destroy the value of those homes,” he said.

Gregory Meyer, chair of the Wading River Board of Fire Commissioners, declined to comment last week on the pending litigation.