Courtesy of Wirelessestimator.com
3to the City of Mount Vernon Planning Board for a Special Use Permit that would allowMetroPCS to install a stealth six panel antenna on the rooftop of a building at 590 East 3
Street in Mount Vernon, New York, pursuant to Section 267-28(J) of the Zoning Code of the City of Mount Vernon. Declaration of Andrew Schriever (“Plt’s Decl.”), Ex. 3. Thesite is located on a building that had already been approved by the Planning Board tohouse the same type of wireless facilities for three other competing wireless carriers whoprovide functionally equivalent services: Nextel, T-Mobile, and AT&T.
Plt’s Decl.,Ex. 2 at Ex. L (Planning Board resolutions approving those applications).MetroPCS chose the site in part because it qualified as the highest priority site inthe community pursuant to the City’s Zoning Code, Section 267-28(J)(5)(A)(1). Plt’sDecl., Ex. 3. MetroPCS also modeled its proposed stealth rooftop wireless facility on thefacilities that had already been approved for the three other carriers. At the City’srequest, MetroPCS submitted its $6,000 zoning application fee and a $8,500 check toestablish an escrow account for the payment of the fees incurred by the City’s consultant,Center for Municipal Solutions (CMS). Plt’s Decl., Ex. 7-8.MetroPCS submitted its application on June 19, 2008.
Plt’s Decl., Ex. 2. Itincluded with its application various exhibits and reports as required by the City’s ZoningCode, including a report by one of MetroPCS’s radio frequency (RF) engineers whostated the MetroPCS’s existing wireless network was not adequate to properly serve itscustomers who live in and travel through the City of Mount Vernon. Plt’s Decl., Ex. 2 atEx. C. As stated in the application cover letter, MetroPCS informed the Planning Boardof the following:
Case 7:09-cv-08348-SCR Document 28 Filed 07/22/10 Page 3 of 32