The Warwick Town Board in New York and a group of residents have filed a lawsuit against the Pine Island Fire District regarding a 150-foot tower. The lawsuit challenges the fire district’s September decision to handle the review of placing an AT&T cell tower on property owned by the fire district. The town maintains that the Planning Board should have reviewed the project, as the fire district isn’t independent enough to handle such a review. The town filed their lawsuit on January 30 with the State Supreme Court in Orange County, which alleges the fire district claimed that it was immune from the town’s zoning law. The town explained that the fire district needed to conduct a balance test analysis to determine if it was, in fact, immune to the zoning law. This analysis takes into consideration land use regulations and how it would impact local interests. Warwick Supervisor Michael Sweeton said the analysis was completed after the fire district declared themselves immune from the town’s zoning laws. The New York Department of Environmental Conservation agreed that the town should be the lead agency on review projects, but will leave the decision up to a judge.
Reader Interactions