Friday, 28 October 2011 00:00
On September 30, 2011, a decision was released by the judge in the federal cell tower case, ordering the Village of Manorhaven to issue building permits for the Pequot Avenue cell tower in the location identified in the original 2007 Village approvals or, in the alternative, lift the Village’s 2009 “stop work order” so that construction can resume in the current location.
Earlier this year, AG Towers, Inc., the cell tower developer, sued the Village in federal court, for the purpose of enforcing its rights under the Telecommunications Act of 1996. The Village has long taken the position that the foundation for the cell tower was constructed in a location not in accordance with the plans on file and, therefore, the project should not be permitted to continue.
After reviewing the court’s recent decision with counsel, the Board of Trustees determined to lift the “stop work order” issued two years ago by the Superintendent of Buildings, believing this course of action will be less disruptive to the neighborhood and will pose little or no risk to the Village’s infrastructure.
Under the court’s decision, the Village will retain its usual powers to enforce the building code, in order to ensure the project is completed in a legal and safe manner. As part of this process, A.G. Towers, Inc. will be required to engage third-party “special inspectors”, to guarantee its compliance with all applicable laws, codes, rules and regulations.
The Village has not yet received any information from A.G. Towers, Inc. as to when it intends to move forward with the project, now that the court has rendered its decision.