Mahopac, NY couple, John and Angela Spaccarelli, filed a lawsuit against the town of Carmel, reports TapInto.net. They contend the town deprived them of revenues, by denying them the right to put a cell tower on their property. They allege “tortious interference with business, intentional interference with a business relationship” and “common law contract disruption,” resulting from the violation of both the U.S. and New York State constitutions.
The town of Carmel’s rules do not favor tower construction on residential property despite the Spaccarelli’s desire to accommodate the tower. The proposal was for a 157-foot structure disguised as a tree to occupy a 52-foot by 65-foot fenced enclosure on their 9.8 acre property.
The homeowners, in conjunction with Homeland Towers and Verizon Wireless, filed a special permit with the town Planning Board, hoping to gain permission to build a, “public utility wireless telecommunication facility.” When that application was denied, Homeland suggested an alternate location near the McDonough Park baseball field. That application was also declined. Homeland was not interested in working at the site proposed by the town and the project is currently on hold.
While the tower remains unbuilt, the lawsuit moves forward, claiming, “the town of Carmel, through its town officials, elected and employed, and agents and private consultants, discussed and conspired to deny and/or abrogate the rights of the claimants with a company known as Homeland Towers, depriving the claimants of monies and [creating] great economic hardship.” The amount of damages sought has not been made public.
February 28, 2019