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Board upholds DBI permit for T‑Mobile microcell despite neighborhood notice complaints
Summary
After testimony from residents and experts, the Board of Appeals voted 4–1 to uphold DBI's building permit for a T‑Mobile microcell at 1801–1813 Fulton St, finding legal constraints on denying permits for RF emissions and reliance on DPH and accessory‑use determinations.
The Board of Appeals considered an appeal by Vladimir Gammer (represented by Doug Loringer) of a Department of Building Inspection permit for a T‑Mobile microcell facility at 1801–1813 Fulton Street. Appellants argued the zoning administrator's May 15, 2006 letter classifying certain low‑power wireless installations as accessory uses was not adequately noticed to residents and had the practical effect of preventing timely appeals. They also argued the Fulton Street site is in a mixed‑use/residential area where the city's WTS (wireless telecommunications) guidelines call for conditional‑use review and…
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