RIVERHEAD – Neighbors who oppose Sprint’s plan for a new cellular communications tower in Huntington were denied a reasonable opportunity to challenge its technical data when the town zoning board opened and closed the hearing record on the same night, ruled State Supreme Court Justice Thomas F. Whelan.
Justice Whelan remanded the Sprint application for a de novo hearing by the board. He found the board “failed to properly perform its quasi-judicial function” by accepting the data and closing the record before the neighbors had a chance to review it and by accepting other, critical submissions after the record was supposedly closed.
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