Carmel residents win legal battle against cellphone tower construction
Residents in a section of the Town of Carmel have won a court battle in their efforts to keep a cell tower from being built in their neighborhood.
As News 12 reported in 2020, residents on Walton Drive said they were surprised when the town approved a 140-foot-tall cell tower at the edge of the Maple Estates Condominium Property.
Among other things, they argued the tower would lower property values, bring major construction to a quiet street and impact their health.
Now, a state Supreme Court judge is siding with the residents.
Among the issues, the judge found the proposed tower did not comply with the town's zoning code because no site plan was submitted to the Planning Board for review and no application was made to the Zoning Board of Appeals.
In addition, Town Council Member Frank Lombardi failed to recuse himself from the vote despite having a conflict of interest.
There is no word yet if there will be an appeal.