Resident to Seek to Intervene to Defend Village’s Denial of AT&T’s Tower Application

Oyster Bay Cove, New York, resident David Savetz will seek, through a forthcoming motion, to intervene to defend the village’s denial of AT&T's tower application (see 2212230054), his attorney, Andrew Campanelli, wrote U.S. District Judge Joan Azrack for Eastern New York in Central Islip Wednesday (docket 2:22-cv-07807). Savetz's home would be “adversely affected” by the carrier’s construction of the 85-foot tower “on the property immediately adjacent to his,” said Campanelli. “In addition to the adverse aesthetic and economic impacts, Savetz’s property would be well within the fall zone of the tower, would require the use of a drain located on his property, and would violate numerous provisions” of the village’s zoning code, wrote the attorney. District courts “have broad discretion in determining whether a motion to intervene is timely filed,” said the letter. Though AT&T filed its complaint against the village in December 2022, Savetz didn’t “have notice until recently that this action was pending,” the letter said. There would be no prejudice to the existing parties from Savetz’s intervention, it said. By contrast, Savetz will suffer "severe prejudice" if his motion is denied, it said. AT&T’s proposed tower “would create dramatic adverse aesthetic and economic impacts, would put his property at risk in the event of a structural failure, and would require AT&T to use a drain that is situated, at least in part, on Savetz’s property,” it said. Rule 24(a) requires an applicant for intervention “to possess an interest relating to the property or transaction that is the subject of the litigation,” said the letter. Savetz “clearly has a legally protectable property interest relating to the subject matter of this litigation,” it said. He has an individual property interest in protecting the village's denial of AT&T’s application, it said. He has demonstrated that AT&T’s proposed tower “would significantly decrease his property value, inflict substantial adverse visual impacts upon his home, and put his property in danger of being in the tower’s fall zone,” it said. Savetz was “actively involved at the proceedings” before the village and opposed AT&T’s tower on the record, it said. He also detailed his “particularized concerns,” and submitted supporting evidence, “which will be submitted with the proposed motion,” it said. If AT&T is permitted to install its proposed tower, Savetz “will suffer very real and substantial adverse impacts to his home and property rights -- all without having been afforded any opportunity to protect against the threat of this installation,” it said. None of the existing parties “will adequately represent Savetz’s individual interests,” said the letter. Oyster Bay Cove can’t place the interests of one homeowner over the residents of the entire village, it said. If the village, acting in the best interest of the entire community, were to resolve this case through a court-ordered settlement agreement, AT&T “might be permitted to install its tower, inflicting severe adverse impacts on Savetz,” it said: “Absent permission to intervene in this action, Savetz would be prohibited from challenging, or participating in, any court-ordered settlement agreement granting AT&T permission to build its tower.”