North Shore Towers has reached a settlement with Continental Communications, the company that leases its rooftops and had filed a lawsuit against the Towers and its Board of Directors.
About 20 years ago, the Towers entered into a 99-year contract with Continental Communications. The company was leasing the rooftops in order to install antennas.
At the time the litigation began in September of 2008, it was estimated that there were approximately 250 antennas on top of the roofs.
When the company submitted a permit renewal to the New York City Board of Standards and Appeals, the Towers requested an adjournment “in order to determine the accuracy of the [Continental Communications engineer] report and whether any other issues or problems existed on the roofs,” according to a March 6 letter from Board President Bob Ricken.
Continental Communications did not want to agree to an adjournment and began legal action against the cooperative and the individual Board members, who were being sued for $500 million each.
North Shore Towers, in turn, filed a motion to dismiss the case. A judge eventually had the parties involved meet to try to come up with a resolution.
Ricken detailed highlights of the final settlement that was reached in a March 6 letter to residents. They are:
-Frequent inspection of radiation emissions and a promise by Continental Communications to “strictly adhere to all existing protocols and procedures.”
-The number of antennas on the roof is being reduced from 115 on each building to 75 for the next 10 years, after which the company can apply to place additional ones on the roofs.
-Although in the past the company received a reduced electric rate from Consolidated Edison, the Towers has “agreed to grant their request for additional electric power in return for paying the full price for that electricity,” which “will increase our revenue by several thousand dollars each year.”
-Continental Communications will pay $186,000 for rent in 2009, with the amount increasing based on cost of living increases in the future.
-The company will also be paying the Towers $175,000 to cover “legal fees and other expenses.”
“As far as we’re concerned, we got what we wanted out of it,” Ricken said.
Ricken said that, going into the litigation, the top priority was the health and safety of the residents and surround area. He said having regular safety inspections going forward is an important factor.
Engineers have “determined that the antennas were found to be safe and within the guidelines of the Federal Communications Commission.”
On Thursday, April 16, Ricken said that North Shore Towers attorney Errol Brett will speak about the settlement during the scheduled open Board meeting.
