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Letter: Walls Around Cell Tower Violate Village Code

(Editor’s note: this letter was sent to Steven Leventhal, the attorney who represented the Village of Manorhaven in the lawsuit brought against the village by AG Towers in 2009 regarding the stop-work order. It was also sent to Port Washington News for publication. Leventhal has sent two letters over the past few weeks to William D. Wexler, the attorney representing AG Towers, in an attempt to bring discussions regarding relocation of the cell tower back to the table.)

Following a conversation with David L. Mammina, R.A., superintendent of buildings for the Village of Manorhaven, we are advised to contact you directly in regards to a violation of the village code and permit by AG Towers, so that you may take the proper legal step to eliminate the violation.

We did call you several times and left numerous messages, to no avail. We have no further option but to write this letter.

With respect to the construction of the cell tower on 41 Pequot Avenue in Manhasset Isle, please be aware that while Judge Hurley allowed AG Towers to complete construction of the tower, he did not make any reference to the walls around the tower. As Mr. Mammina and other village officials are well aware, the walls are encroaching into the side yard, alongside the Militana’s property, anywhere from 2 feet to 8 inches, in clear violation of the zoning and the variance issued by the village. AG Towers obtained a permit, which contemplated a side yard of 5 feet. Any deviation from this dimension constitutes a violation of the zoning ordinance and any variances obtained.

As you are well aware, the court left intact the power of the village to enforce compliance with its laws and regulations for “construction standards and procedures,” and since the location of the walls does not conform to those laws and procedures, we expect you to take the right step to amend the violation. It would not be a great hardship for AG Towers to correct the violation in respect to the village code and ordinance.

We brought this up weeks ago in a meeting with Mr. Mammina. Unfortunately, we have been getting resistance from the village in pursuing this issue and so it appears that the village has aligned itself with AG Towers to the detriment and over the objections of the residents instead of ensuring that the village code and permits are intact.

Kindly respond so we can share your perspective with the residents of Manorhaven and hopefully resolve this matter in a timely fashion.

Mark Lazarovic
Giovanna Giunta
Dorit Farrington