A federal judge has ordered the Village of Chestnut Ridge to approve T-Mobile’s application for a new wireless communications tower, ruling that the Village’s reasons for denying the project were not supported by substantial evidence.

In a 39-page Opinion and Order issued September 16, U.S. District Judge Vincent L. Briccetti directed the Village to grant T-Mobile’s application and issue all necessary permits and approvals by October 16.

The proposed facility is a 105-foot wireless telecommunications monopole at 221 Saddle River Road on property owned by Fred Eller American Legion Post 1447. According to the court, the structure would reach approximately 110 feet to the top of its simulated branches and 113 feet to the top of its lightning rod.

T-Mobile had previously received approvals between 2009 and 2011 for a substantially similar tower at the same site but did not construct it. After informing the Village in 2020 that it intended to move forward, the company was told it would need to submit new applications for variances, site plan approval and a special permit.

T-Mobile submitted a new site plan application in June 2021, followed by applications to the Village Board and Zoning Board of Appeals in August 2022. Village boards held a series of public hearings, meetings and workshops on the proposal through May 2023.

The Village Board voted on May 18, 2023, to deny T-Mobile’s special permit application and formally adopted its denial the following month. The Village cited three primary reasons: that T-Mobile had not sufficiently established a need for the facility, that the tower would negatively affect the aesthetics of the surrounding area, and that it could adversely impact nearby property values.

Judge Briccetti rejected all three grounds, finding none were supported by substantial evidence in the written record.

On the question of wireless coverage, the court said T-Mobile presented evidence showing existing nearby sites were approaching or reaching capacity and that there were coverage deficiencies in the area. The ruling noted that the Village’s own consultant had also identified coverage gaps.

The court further found that T-Mobile established a significant service gap affecting approximately 1.6 square miles and about 3,664 residents, including portions of heavily traveled roadways. An expert report submitted during the litigation found dropped-call rates in portions of the area ranging from 9.4% to 100%, well above the industry threshold cited in the ruling for unreliable service.

The judge also concluded T-Mobile had adequately evaluated alternative locations and established that the Saddle River Road site represented the least intrusive available means of addressing the service gap. According to the ruling, alternatives considered during the review process either failed to provide comparable coverage and capacity relief, would require a similar structure, or were located in more densely residential areas.

Regarding aesthetics, the court found the Village did not have sufficient evidence to overcome T-Mobile’s visual-impact analysis. That analysis included a balloon test conducted during the winter and concluded the tower would not create a significant visual impact, including because of vegetation, topography and surrounding development.

The judge also found insufficient evidence supporting the Village’s conclusion that the tower would reduce surrounding property values. T-Mobile submitted a comparative-sales analysis finding the project would not diminish nearby property values or reduce marketability, while the court said the Village had not conducted its own appraisal of properties in Chestnut Ridge before denying the application.

The ruling was not a complete victory for T-Mobile. The court granted the Village summary judgment on T-Mobile’s unreasonable-discrimination claim and on a claim alleging that the Village improperly based its decision on concerns over radio-frequency emissions. The court found that although residents raised health concerns during public hearings, the record showed the Village Board did not rely on RF-emission or health concerns when it denied the tower.

One issue also remains unresolved: whether the fees charged to T-Mobile during the application process violated federal telecommunications law. Court records cited in the ruling show T-Mobile paid more than $55,500 in escrow fees for consultants, in addition to application and appearance fees. Judge Briccetti found factual disputes over the reasonableness of those charges and ruled that issue must proceed to trial.

A case management conference is scheduled for November 18 at the federal courthouse in White Plains, with both sides directed to discuss settlement in good faith beforehand.