|
|
|
A U.S. District Court Judge, the Hon. Charles Siragusa, has ordered the town of Irondequoit to approve Verizon’s application for a special-use permit to allow construction of a proposed 120-foot monopole behind the St. Paul Boulevard firehouse at 233 Cooper Road.
In a 22-page decision dated Jan. 31, which the Post obtained today, Siragusa also indicates that the court will retain jurisdiction over the matter “to enforce the injunction” that the cellular tower be built.
Attorney Robert Koegel of the Remington, Gifford, Williams and Colicchio law firm in Rochester represented the town in the matter.
Koegel said late this morning that the town has until early March to appeal Siragusa’s decision to the Court of Appeals, but has not yet made a decision.
Koegel said the Irondequoit Town Board has a public meeting at 7 p.m. Thursday, Feb. 23, in the Broderick room at the Town Hall, 1280 Titus Ave. He added that if the town were to decide to appeal the decision, it would also have to make a motion to “stay” the injunction the judge imposed while the appeal goes on.
“It’s wait and see,” at this point, Koegel added. “I’m not at liberty to say” (what the town may do).
Irondequoit Town Supervisor D'Aurizio, in New York City early this week for an Association of Towns event, did return a call this afternoon and said Town Attorney David Kresock is drawing up a resolution, for Thursday's meeting, regarding issuance of a permit for the cellular tower.
While the Town Board hasn't yet made a final determination on pursuing an appeal, "We have to issue the permit right now or be held in contempt of court," D'Aurizio said.
The town of Irondequoit was served the lawsuit in connection with the proposed cell tower on firehouse property on Cooper Road late last March.
After signing a lease agreement with the St. Paul Fire Department in summer 2010, Verizon first brought an application for a required special-use permit for the tower to the Irondequoit Town Board in August of that year. The matter remained a tabled issue on the board agenda through early February last year.
At its Feb. 15, 2011 meeting, however, the board unanimously adopted a resolution requiring a detailed environmental impact study and another public hearing on the proposal.
Robert Burgdorf, attorney for Verizon Wireless, warned the board at the time, “we will sue it out and bring action in federal court.”
A U.S. District Court Judge, the Hon. Charles Siragusa, has ordered the town of Irondequoit to approve Verizon’s application for a special-use permit to allow construction of a proposed 120-foot monopole behind the St. Paul Boulevard firehouse at 233 Cooper Road.
In a 22-page decision dated Jan. 31, which the Post obtained today, Siragusa also indicates that the court will retain jurisdiction over the matter “to enforce the injunction” that the cellular tower be built.
Attorney Robert Koegel of the Remington, Gifford, Williams and Colicchio law firm in Rochester represented the town in the matter.
Koegel said late this morning that the town has until early March to appeal Siragusa’s decision to the Court of Appeals, but has not yet made a decision.
Koegel said the Irondequoit Town Board has a public meeting at 7 p.m. Thursday, Feb. 23, in the Broderick room at the Town Hall, 1280 Titus Ave. He added that if the town were to decide to appeal the decision, it would also have to make a motion to “stay” the injunction the judge imposed while the appeal goes on.
“It’s wait and see,” at this point, Koegel added. “I’m not at liberty to say” (what the town may do).
Irondequoit Town Supervisor D'Aurizio, in New York City early this week for an Association of Towns event, did return a call this afternoon and said Town Attorney David Kresock is drawing up a resolution, for Thursday's meeting, regarding issuance of a permit for the cellular tower.
While the Town Board hasn't yet made a final determination on pursuing an appeal, "We have to issue the permit right now or be held in contempt of court," D'Aurizio said.
The town of Irondequoit was served the lawsuit in connection with the proposed cell tower on firehouse property on Cooper Road late last March.
After signing a lease agreement with the St. Paul Fire Department in summer 2010, Verizon first brought an application for a required special-use permit for the tower to the Irondequoit Town Board in August of that year. The matter remained a tabled issue on the board agenda through early February last year.
At its Feb. 15, 2011 meeting, however, the board unanimously adopted a resolution requiring a detailed environmental impact study and another public hearing on the proposal.
Robert Burgdorf, attorney for Verizon Wireless, warned the board at the time, “we will sue it out and bring action in federal court.”
The lengthy filing claimed a count of “unreasonable delay and failure to act on the Verizon Wireless application.” A second count cited “unlawful prohibition on the provision of wireless services.”
In Verizon’s filing, it also said the town “clearly violated federal law by unreasonably and repeatedly delaying and prohibiting Verizon Wireless from providing service where a recognized gap in service exists.”
It also said the town’s action last February was “unreasonable and served no valid purpose.”
Town residents, particularly neighbors of the proposed cell tower, repeatedly have told the board that a 100-foot cell tower isn’t appropriate in a residential area.
“Towers are not good neighbors,” Placid Place resident Kathleen Francis told the board at its February 2011 meeting.
Verizon has said it needs the additional tower for voice and data coverage deficiencies.
The fire department’s agreement with the company includes not only an annual income of about $14,000, but also new equipment for its communications needs.
