The N.Y. Supreme Court upheld a tower zoning decision by the town...
The N.Y. Supreme Court upheld a tower zoning decision by the town of New Scotland to deny a permit for construction of a new wireless telecom tower. The court (Case 94211) ruled the town acted within the legal confines…
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of the federal Telecom Act because wireless carriers had other options available to close coverage gaps. Site Acquisitions Inc., a company that builds and leases wireless telecom towers, had sought to build a 160-ft. tower on a parcel in a residential zone, and said denial of the permit effectively banned wireless service to the community. The court ruled that the town’s denial of the tower permit was based on “substantial evidence that less intrusive means of remedying the gap in service” were available including wireless transceiver mounting points on buildings and utility poles, which the company had ceased to consider after it found the vacant land parcel.