Mt. Kisco at Odds With Cell Tower Owner Over Non-compliance
News Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.
The Mount Kisco Village Board is faced with a dilemma of whether to delay special permit approval for a new cell service carrier because the tower’s owner has failed to correct violations at the site.
Dish Wireless is looking to become the fourth service provider on the 109-foot tower at the village-owned property at 1 Mountain Ave. But tower owner and operator Crown Castle has neglected to maintain the property in accordance with its site plan approval in addition to having violations issued by the Building Department.
Officials are hesitant to issue the building permit to Dish until the violations are rectified in hopes of applying pressure on Crown Castle to make the corrections.
Building Inspector Peter Miley said there were about seven violations that had been cited when the deadline passed on Nov. 15 to comply, including fixing the safety fencing, plantings, overall cleanliness and maintenance of the property and improper installation of the electrical equipment. Violations were issued to Crown Castle the following day, Miley said.
He said the only violation that cannot be satisfied until spring are the required plantings.
If found to be in violation, Crown Castle would be responsible to pay up to $1,000 per day for each infraction, Miley said. The company has had violations for about two years.
Michael Muso, the village’s consultant on telecommunications placement, said it is within the municipality’s authority to withhold the permit from Dish Wireless and a Certificate of Occupancy until the conditions are met and all of the violations remedied.
“In my experience in consulting for municipalities, I think it is appropriate and I think it does really mandate that the tower owner-operator, Crown (Castle), has to finish out and close out the last of the things they need to do,” Muso said.
Complicating the issue for the board is that while it’s within its right to withhold the permit until the violations are eliminated, there is the federally mandated 150-day time limit regarding telecommunications infrastructure, also referred to as a shot clock, whereby if the village delays the project it could be in violation of federal law.
The attorney for Dish Wireless, Maximilian Mahalek, said that deadline has passed but his client would be willing to sit down with village officials to discuss next steps.
He pressed the board to close the hearing and leave open a period of time for additional written public comments before a decision is made.
But resident Robert Dagostino said private homeowners wouldn’t be able to flush a toilet in their residences if they fail to obtain a Certificate of Occupancy. The same standard should apply to Crown Castle.
“I just think any threats about a shot clock, or whatever, aren’t valid at this point until we know that whatever violations that are existing have been rectified,” Dagostino said.
Mayor Michael Cindrich said he believed it’s unfair that the burden falls on Dish Wireless when Crown Castle is responsible for the site plan violations. He urged Mahalek for Dish Wireless to put pressure on Crown Castle to make the remaining improvements so the company can install its antennas.
“Contact Crown Castle and tell them the dilemma they have put you in as a tenant, for the lack of a better word, of Crown Castle,” Cindrich said. “It’s up to Dish, also, to voice their opinion in protest against Crown Castle’s inability to resolve the violations of the site plan that have existed for at least two years.”
The board is tentatively scheduled to discuss the issue at its next meeting on Dec. 18.
The MTA also uses the monopole and occupies the highest spot on the tower, followed by T Mobile, Verizon and AT&T. Dish Wireless would co-locate underneath the other entities at a height of 74 feet.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
