178 A.D.2d 979 | N.Y. App. Div. | 1991
— Judgment unanimously affirmed without costs. Memorandum: The determination of the Zoning Board of Appeals granting a special use permit to construct a 400 foot antenna tower in a residential district to facilitate the supply of cellular telephone service was not arbitrary, capricious or irrational and is supported by substantial evidence and should be confirmed (see, Matter of Fuhst v Foley, 45 NY2d 441, 444-445). None of the objections raised by petitioners, neighbors residing in the area, has merit. The Board properly determined that the tower is a "public utility building.” This term is not defined in the zoning ordinance and the Board’s interpretation is entitled to great weight (see, Matter of Frishman v Schmidt, 61 NY2d 823, 825). The respondent partnership is a "public utility” as defined by relevant statute (see, Public Service Law § 2 [17], [18], [23]; Tax Law § 186-a [2] [a] [i]; Town Law § 118) and provides a useful public service. The tower is as much a "building” as switching stations, pump stations and utility poles previously determined by the Town to qualify as such.
