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MATTER OF CELLCO PARTNERSHIP v. BELLOWS

262 A.D.2d 849 (1999)

692 N.Y.S.2d 203

In the Matter of CELLCO PARTNERSHIP, Appellant, v. GARY BELLOWS, as Supervisor of the Town Board of the Town of Hurley, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 17, 1999.

Crew III, J.

In May 1996, petitioner applied to the Town of Hurley Planning Board for site plan approval for the construction and operation of a public utility station in the Town of Hurley, Ulster County. Specifically, petitioner proposed to construct a 120-foot high monopole with antennas on a parcel measuring 100 feet by 150 feet, together with an equipment shelter (measuring 12 feet by 30 feet by 10 feet), all of which would be enclosed by a chain link fence topped...

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