Muttontown Opposes Residents’ Motion to Intervene in AT&T Case

The village of Muttontown, New York, and its various component boards oppose the Nov. 2 motion to intervene filed by 30 resident property owners who seek to block AT&T’s construction of a 165-foot-tall cell tower, attorneys for the village told U.S. Magistrate Judge Lee Dunst for Eastern New York in Central Islip by letter Monday (docket 2:22-cv-05524). The residents aren't entitled to intervention by right, nor are they entitled to “permissive intervention,” said the village. AT&T previously said it also opposed the motion to intervene (see 2211110002). AT&T sued Muttontown Sept. 15 for an order granting all variances, permits and approvals necessary for the cell tower construction to proceed. Named as defendants in the complaint were the village itself, plus its board of trustees, planning board, site and architectural review board, and zoning board of appeals (ZBA). The 30 residents contend all but the ZBA, which opposes the cell tower, are colluding with AT&T behind their backs to get the tower approved, likely by settling the case. An added worry, say the residents, is that the ZBA is represented in the case by the same attorneys who will argue on behalf of the other component boards that the tower’s construction should proceed.