Verizon Wireless has the right to build a 92-foot cellphone tower on Sheridan Drive near Garnet Park in Amherst, a State Supreme Court justice ruled late last week.
Neighbors had filed a petition last year against Verizon, the Amherst Zoning Board of Appeals and Public Storage, which owns the property at 3671 Sheridan Drive, near Millersport Highway. The Zoning Board of Appeals had granted a waiver to Verizon to construct the tower.
Justice Catherine N. Panepinto found the neighbors failed to prove during the Zoning Board of Appeals hearing that the tower would cause harm. She ruled the board took the required "hard look" at the tower's environmental impact and that she must defer to the board's review.
Richard J. Lippes, the neighbors' attorney, said they plan to appeal the decision and will seek a stay if Verizon tries to begin construction.