Village of Flower Hill denies ExteNet application to build 18 small-cell wireless facilities based on company’s failure to address serious inadequacies
“Long Island communities deserve better.” Garden City – Retained by the Village of Flower Hill as special litigation counsel to review an application by ExteNet Systems Inc. to build 18 small-cell wireless facilities throughout the Village, Edward M. Ross of the Garden City law firm Rosenberg Calica & Birney LLP, today stated that the Village Board has denied the company’s application following the Board’s determination that ExteNet failed to address numerous and serious inadequacies. Ross noted, “ExteNet’s application suffered from numerous inadequacies and was incompatible with the Village Code. The Board’s determination and findings should signal an alarm for every other Long Island municipality facing similar applications because Long Island communities deserve better.” Ross stressed that although Congress and the FCC have imposed certain limitations on the authority of state and local governments, local municipalities like Flower Hill continue to retain local control over wireless facility siting decisions with respect to aesthetic considerations, mitigation efforts and reasonable alternatives. Ross further noted that the Village adopted comprehensive written findings and reasons in support of its denial which he believes ExteNet will be unable to successfully challenge or dispute in court. They include ExteNet’s failure to choose among less aesthetically intrusive alternatives … Read more
